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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ8015424 ADJ8102669
Regular
Jul 07, 2014

ESPERANZA SANCHEZ vs. MCDONALDS/MJD'S, INC.; SEDGWICK CLAIMS MANAGEMENT SERVICES

This case involves a petition for reconsideration filed by an applicant in a workers' compensation matter. The Workers' Compensation Appeals Board dismissed the petition because it was not taken from a "final" order that determined substantive rights or liabilities. Furthermore, the Board denied removal, finding no showing of substantial prejudice or irreparable harm. The applicant's petition for reconsideration was therefore dismissed, and removal was denied.

Petition for ReconsiderationDenying RemovalFinal OrderSubstantive RightLiabilityInterlocutory DecisionsProcedural DecisionsEvidentiary DecisionsSubstantive QuestionPre-trial Orders
References
Case No. ADJ7534183
Regular
Sep 13, 2013

RITA RODRIGUEZ vs. TEAMSTERS UNION LOCAL # 890, STATE COMPENSATION INSURANCE FUND

This Workers' Compensation Appeals Board order dismisses a petition for reconsideration because it was filed against an interlocutory order. Reconsideration is only permissible for final orders that determine substantive rights and liabilities. The previous order directing liens to be "paid, adjusted or litigated" did not resolve substantive issues. Therefore, the petition was dismissed as the order was not final and appealable.

Petition for ReconsiderationFinal OrderInterlocutory OrderSubstantive RightsLiabilitiesLiensPaidAdjustedLitigatedMaranian
References
Case No. ADJ685961
Regular
Dec 15, 2014

STEPHANIE CURRY vs. PACIFIC CARE BEHAVIORAL HEALTH CARE, INC., LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed Liberty Mutual Insurance Company's petition for reconsideration. This was because reconsideration is only permitted for final orders that determine substantive rights or liabilities. The Board found that the prior orders in this case were interlocutory procedural matters, not final decisions on ultimate liability. Therefore, the petition was dismissed as being improperly filed.

Petition for ReconsiderationDismissalFinal OrderInterlocutory OrderSubstantive RightLiabilityWCJWorkers' Compensation Appeals BoardLab. Code§ 5900
References
Case No. ADJ7258978, ADJ7350085
Regular
Feb 27, 2012

JORGE GONZALEZ vs. ECOWATER SYSTEMS, FIRST COMP

This case involves a petition for reconsideration of an order by a Workers' Compensation Judge (WCJ). The Appeals Board dismissed the petition because reconsideration is only permitted for final orders that dispose of substantive rights and liabilities. The WCJ's order to "pay, adjust or litigate" all liens did not definitively resolve these substantive matters. Therefore, the order was considered interlocutory and not subject to reconsideration.

Petition for ReconsiderationFinal OrderInterlocutory Procedural OrderSubstantive RightsLiabilitiesWCJLiensDismissedLabor Code 5900CEB
References
Case No. ADJ2675803 (OAK 0254082) ADJ4610228 (OAK 0130377)
Regular
Jul 11, 2017

MARK SOLJACK vs. WASTE MANAGEMENT OF ALAMEDA COUNTY, CIGA, FOR SUPERIOR NATIONAL INSURANCE COMPANY, INSOLENT, BY AND Through ITS ADJUSTING AGENCY BROADSPIRE CLAIMS SERVICES, ACE AMERICAN INSSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC

This order dismisses the petition for reconsideration because the appealed order was procedural and interlocutory, not a final order that determined substantive rights or liabilities. The Board cites precedent defining final orders as those resolving substantive issues. Reconsideration is only available for final decisions. Furthermore, the petition for removal was denied as the applicant failed to demonstrate substantial prejudice or irreparable harm.

WORKERS' COMPENSATION APPEALS BOARDPETITION FOR RECONSIDERATIONDENIAL OF REMOVALINTERLOCUTORY ORDERFINAL ORDERSUBSTANTIVE RIGHTSLIABILITIESARBITRATOR'S REPORTSUBSTANTIAL PREJUDICEIRREPARABLE HARM
References
Case No. ADJ7214041
Regular
Jan 23, 2013

STEPHEN SHELDON vs. BUTTE COUNTY FIRE

The Workers' Compensation Appeals Board dismissed Butte County Fire's Petition for Reconsideration. The Board found the petition was improperly filed because it was directed at an interim order returning the case to the trial level for further development of the medical record. Such an order is not a "final" order that determines substantive rights or liabilities, and therefore is not subject to reconsideration. The substantive arguments of the petition were not addressed due to this procedural defect.

WCABPetition for ReconsiderationFinal OrderGrant ReconsiderationRescinded DecisionFurther DevelopmentMedical RecordBurden of ProofIndustrial InjurySubstantive Right
References
Case No. ADJ8479463
Regular
Oct 02, 2014

HORTENCIA MENDOZA vs. BAUTISTA FARM, ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed Hortencia Mendoza's Petition for Reconsideration because it was filed against an interlocutory order, not a final decision that determined substantive rights. The order for liens to be "paid, adjusted or litigated" was not a final resolution. The Board also denied removal, finding no showing of substantial prejudice or irreparable harm. This ruling emphasizes that reconsideration is only available for final orders disposing of substantive rights and liabilities.

Petition for ReconsiderationDismissalRemovalInterlocutoryFinal OrderSubstantive RightsLiabilitiesAdjustmentLiensPrejudice
References
Case No. ADJ4629950
Regular
Dec 21, 2012

JOHNNY BETTENCOURT vs. DONALD WILLIAMS, SAFECO INSURANCE COMPANY, UNINSURED EMPLOYERS' BENEFIT TRUST FUND DEPARTMENT OF INDUSTRIAL RELATIONS

The Uninsured Employers' Benefit Trust Fund (UEBTF) sought reconsideration, arguing Safeco's policy covered the applicant's injury. The Arbitrator previously ruled Safeco had no liability as its policy with Donald Williams did not include "comprehensive personal liability" insurance as required by Insurance Code section 11590. The Appeals Board affirmed this decision, finding the Safeco policy explicitly limited coverage to premises liability and lacked the necessary language for comprehensive personal liability coverage. Therefore, Safeco was correctly found not liable for the applicant's injury.

Uninsured Employers' Benefit Trust Fundcomprehensive personal liability insuranceLabor Code section 3351(d)Labor Code section 3352(h)Insurance Code section 11590premises liability insuranceSafeco Insurance CompanyDonald WilliamsJohnny Bettencourtworker's compensation coverage
References
Case No. ADJ9130760
Regular
Apr 03, 2014

VICTOR LOPEZ vs. MIRAGE BUILDERS, TOWER NATIONAL INSURANCE

This Workers' Compensation Appeals Board order dismisses Victor Lopez's petition for reconsideration because it was filed from a non-final interlocutory order, not a final determination of substantive rights. The Board also denies removal, adopting the judge's recommendation and finding no showing of irreparable harm or prejudice. The petition improperly sought reconsideration of a procedural matter that does not affect substantive liability. Therefore, both the petition for reconsideration and the request for removal are denied.

Petition for ReconsiderationDismissalRemovalFinal OrderInterlocutory OrderSubstantive RightLiabilityAdministrative Law JudgeReport and RecommendationPre-trial Orders
References
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