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

Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ3393289 (LAO0594595)
Regular
Nov 05, 2010

BERNARD WILLIAM PONZI vs. LOS ANGELES MISSIONARY SOCIETY, FREMONT COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted the applicant's request to file a supplemental petition for reconsideration but dismissed the original petition. The original petition was untimely, unverified, and skeletal, failing to meet procedural requirements for seeking reconsideration of prior orders. As no final order has issued since September 8, 1997, the applicant was not deemed aggrieved by a final decision. The WCAB recommended the applicant contact the Information and Assistance Officer for case status inquiries.

Workers' Compensation Appeals BoardFindings and AwardLien OrderPetition for ReconsiderationSupplemental PetitionUntimely PetitionUnverified PetitionSkeletal PetitionAggrieved PartyLabor Code Section 5900
References
Case No. ADJ9755370
Regular
Aug 10, 2017

BERNARDINO GARDEA vs. CITY OF PASADENA

This case concerns the City of Pasadena's request for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision regarding the applicant's occupational group number. The WCJ initially recommended dismissal of the reconsideration petition as untimely. However, the defendant has now requested leave to file a supplemental petition to address issues raised in the WCJ's report. The WCAB has granted the defendant's request to file this supplemental petition. The defendant is ordered to file the supplemental petition within 20 days, either by mail or via EAMS, to avoid rejection.

Workers' Compensation Appeals BoardSupplemental PetitionReconsiderationOccupational Group NumberAdministrative Law JudgePetition for ReconsiderationWCAB Rule 10848Electronic Adjudication Management SystemEAMSCity of Pasadena
References
Case No. LAO 836401
Regular
Jun 26, 2007

GLORIA M. GONZALEZ vs. LOS ANGELES COUNTY OFFICE OF EDUCATION, Permissibly Self-Insured, Administered By HAZELRIGG RISK MANAGEMENT SERVICES

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration of a previous award because it was "skeletal," lacking specific references to the record and legal principles. Furthermore, the applicant's amended petition was filed seven days after the statutory deadline, and supplemental petitions require prior Board approval, which was not obtained. The Board concluded that the amended petition would not be considered, even as a supplemental filing, as it appeared to be an attempt to extend the filing period.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardWCJindustrial injurypermanent disabilityapportionmentmedical treatmentLC 4061/4062P&S
References
Case No. ADJ6501139
Regular
Mar 09, 2010

AARON GOMEZ vs. SUNWOOD DOORS, INC., STATE COMPENSATION INSURANCE FUND, EMPLOYERS COMPENSATION INSURANCE CO.

The Workers' Compensation Appeals Board denied the defendant's petition for removal, which argued that Pacific Employers' Insurance Company, the terminal carrier, was a necessary party. The Board adopted the presiding judge's report, finding no basis for removal. Additionally, the applicant's petition for removal was dismissed as untimely. The case will proceed to trial without the joined carrier.

Petition for RemovalContinuous Trauma ClaimTerminal CarrierDue Process RightsPetition for Leave to File Supplemental PetitionApplicant's AnswerPetition for SanctionsPresiding Workers' Compensation Administrative Law JudgeOrder for TrialJoinder of Party
References
Case No. ADJ7785733; ADJ7632939
Regular
Mar 12, 2013

JOHN SHEK vs. CHILDREN'S HOSPITAL AND RESEARCH CENTER OF OAKLAND, ZURICH AMERICAN INSURANCE

This case involves a pro se applicant who filed a successive petition for removal and request for an immediate stay after his prior petition was denied. The Workers' Compensation Appeals Board (WCAB) dismissed the petition, stating that the applicant cannot relitigate issues already decided. The applicant's proper recourse for challenging the WCAB's decision is to file a petition for writ of review with the Court of Appeal. The supplemental petition was also rejected as it was filed without prior permission.

Petition for RemovalDenying ReconsiderationWCAB Rule 10848Supplemental PetitionSuccessive PetitionWrit of ReviewCourt of AppealLabor Code Section 5950Dismissal of PetitionEn Banc Consideration
References
Case No. ADJ1817132 (VNO 0556434)
Regular
Jun 22, 2012

JESUS MORAN vs. SANTA CLARITA CONCRETE, ACE AMERICAN INSURANCE CO c/o ESIS

The Appeals Board dismissed ACE American Insurance's Petition for Reconsideration because it was not filed against a final order. However, the Board granted ACE's Petition for Removal, rescinded the order denying joinder, and returned the case to the trial level for a hearing on the joinder issue. This decision provides ACE due process to present its evidence and arguments regarding joinder, and requires notice and an opportunity to be heard for the party ACE seeks to join. The Board's decision does not prejudice the merits of the joinder petition itself.

Petition for ReconsiderationPetition for RemovalPetition for JoinderOrder Denying Petition for JoinderOrder Approving Compromise and ReleaseDate of InjuryEquitable IndemnityReimbursementDue DiligenceSupplemental Petition
References
Case No. ADJ11124817
Regular
Mar 25, 2019

GASPAR VILLEGAS vs. INTERIOR RESOURCES, SECURITY NATIONAL INSURANCE, AMTRUST NORTH AMERICA, INC.

This case involves defendant's petitions challenging an order awarding interpreter costs. The Appeals Board dismissed the petition for removal and treated the January 22, 2019 petition as a timely petition for reconsideration, which was granted. The Board also dismissed the February 4, 2019 petition as untimely or moot. The January 7, 2019 order was affirmed, but amended to award $228.00 in Labor Code section 5811 costs.

Petition for RemovalPetition for ReconsiderationWCJ reportsLabor Code 5811 Costsinterpreting costsfinal ordersubstantive rightthreshold issueuntimely petitionmoot petition
References
Case No. ADJ7255629, ADJ7258202
Regular
Apr 23, 2013

ROMALDA MERCADO vs. CM LAUNDRY, LLC, BERKSHIRE HATHAWAY HOMESTATE COMPANIES for CYPRESS INSURANCE COMPANY

This Workers' Compensation Appeals Board order dismisses the applicant's petition for reconsideration of a July 18, 2012 decision. The dismissal is based on the petitioner's withdrawal of the petition. Furthermore, the Board notes that the petition was likely untimely and defective, as indicated in the administrative law judge's report.

Petition for ReconsiderationDismissing PetitionUntimely PetitionDefective PetitionWorkers' Compensation Appeals BoardAdministrative Law Judge's ReportCase NumbersApplicantDefendantsWithdrawal of Petition
References
Case No. LAO 0827740
Regular
Jan 15, 2008

GUILLERMO MALACHOWSKI vs. FEDERATED DEPARTMENT STORES

The Appeals Board vacated its prior order granting reconsideration and dismissed the lien claimant's petition. The lien claimant's letter, treated as a petition, was untimely filed and also failed to meet the verification and specificity requirements for a valid petition for reconsideration. Consequently, the Board reversed its grant of reconsideration and dismissed the lien claimant's purported petition.

Lien claimantPetition for reconsiderationNotice of intention to submitSupplemental Findings and OrderWCJUnverified petitionSkeletal petitionFinal orderLabor Code section 5900Labor Code section 5902
References
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