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

Case No. ADJ10175718
Regular
Nov 13, 2018

MARJORIE MARLOW vs. AT&T

The Workers' Compensation Appeals Board dismissed AT&T's Petition for Reconsideration because it was a "skeletal" filing. The petition failed to specifically detail the grounds for reconsideration, cite relevant evidence from the record, or explain how the findings were unsupported. The Board emphasized that petitions must comply with Labor Code section 5902 and Appeals Board Rules 10842, 10846, and 10852. Without these specific details, a petition is subject to dismissal.

Petition for ReconsiderationSkeletal PetitionLabor Code § 5902Appeals Board RulesRule 10842Rule 10846Rule 10852Specific References to RecordGrounds for ReconsiderationMaterial Evidence
References
Case No. ADJ1099489 (VNO 0555304)
Regular
Jan 15, 2013

MICHELLE HALLIE vs. PACIFIC BELL AND TELEPHONE (AT&T successor in interest)

This case involves applicant Michelle Hallie and defendant Pacific Bell (AT&T) seeking reconsideration of a decision filed October 22, 2012. The Workers' Compensation Appeals Board has granted reconsideration due to statutory time constraints and the need for further study of the factual and legal issues. This action is taken to ensure a complete understanding of the record and to render a just decision after appropriate further proceedings. All future communications regarding this case must be filed in writing with the Office of the Commissioners of the WCAB.

Workers' Compensation Appeals BoardPacific BellAT&T successorSedgwick Claims Management ServicesPetition for ReconsiderationGranting ReconsiderationStatutory time constraintsFactual and legal issuesJust and reasoned decisionFurther proceedings
References
Case No. ADJ7373420
Regular
Oct 21, 2014

JAIME TORRES TAVERA vs. T AND P FARMS, ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) has granted the defendant's Petition for Reconsideration in the case of Jaime Torres Tavera v. T And P Farms; Zenith Insurance Company. This decision was made due to statutory time constraints and an initial review suggesting further study of the factual and legal issues is necessary. The WCAB aims to thoroughly understand the record to issue a just and reasoned decision after reconsideration. All future communications related to this case must be filed in writing with the WCAB Commissioners' office, not any district office or via e-filing.

Petition for ReconsiderationWorkers' Compensation Appeals BoardT and P FarmsZenith Insurance CompanyAugust 62014statutory time constraintsfactual issueslegal issuesjust and reasoned decision
References
Case No. ADJ488924 (SDO 0329999) ADJ8455935 ADJ2035939 (SDO 0358767)
Regular
Jun 03, 2013

CRAIG STEVENS vs. PACIFIC BELL TELEPHONE COMPANY, AT&T, SEDGWICK CMS

The Workers' Compensation Appeals Board denied reconsideration of a prior decision that found the applicant's claims for cumulative injury to the neck, back, and bilateral fingers barred by the statute of limitations. The Board also upheld the finding that the applicant's prior compromise and release agreement, settling five workers' compensation claims, was valid and intended to resolve all issues. The applicant's petition for reconsideration was denied based on the WCJ's report, which the Board adopted and incorporated. The Board gave great weight to the WCJ's credibility findings, particularly regarding the applicant's testimony about the compromise and release.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ credibilityGarza v. Workmen's Comp. Appeals Bd.ADJ488924AT&TSedgwick CMScumulative traumastatute of limitationsLabor Code section 5412
References
Case No. ADJ7039184
Regular
Sep 16, 2014

Elizabeth Evans vs. AT & T INTERNET SERVICES

This case involves a Petition for Reconsideration filed by AT&T Internet Services in a workers' compensation claim brought by Elizabeth Evans. The petitioner, AT&T, has formally withdrawn its petition. Consequently, the Workers' Compensation Appeals Board has issued an order dismissing the petition for reconsideration.

Petition for ReconsiderationDismissalWithdrawnWorkers' Compensation Appeals BoardSelf-insuredClaims ManagementSan Francisco District OfficeADJ7039184Order DismissingApplicant
References
Case No. ADJ3463668 (AHM 0129255) ADJ3379175 (AHM 0128291)
Regular
Nov 07, 2013

LEO CORCORAN vs. C.A.T., INC.; TIG SPECIALTY INSURANCE SOLUTIONS

The Workers' Compensation Appeals Board denied a petition for reconsideration filed by a lien claimant, Midas Recovery Services, representing the Sheet Metal Workers Trust Fund. The claimant sought over $330,000 for services rendered, but the Board affirmed the judge's award of only $23,694.58. This was because the lien claimant failed to meet its burden of proving the reasonableness and necessity of its services and their value. Specifically, the provided documentation did not adequately itemize or detail the goods and services rendered to support the claimed amount.

WCABPetition for Reconsiderationlien claimantburden of proofreasonablenessnecessityreasonable valueC.A.T.Inc.TIG Specialty Insurance Solutions
References
Case No. ADJ252083 (NOR 0166266) ADJ3827633 (LAO 0784953) ADJ3395707 (LAO 0784956) ADJ629194 (LAO 0849490) ADJ2985386 (LAO 0784955) ADJ2625573 (LAO 0784951)
Regular
Apr 12, 2011

CLAUDIA DYER vs. BOEING/McDONNELL DOUGLAS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, CHARTIS INSURANCE

The Workers' Compensation Appeals Board denied CIGA's petition for reconsideration, upholding the WCJ's findings of industrial injuries to the applicant's knees, neck, back, shoulders, hips, hands, and ankle across multiple dates. The Board found the WCJ's decision was supported by substantial evidence, specifically Dr. Nelson's well-reasoned medical opinions on causation and apportionment. CIGA's petition was also found deficient for failing to comply with procedural requirements for referencing the record. Finally, CIGA was estopped from asserting the statute of limitations defense due to the employer's knowledge of the injury and failure to provide notice of rights.

CIGAFremont InsuranceliquidationPetition for ReconsiderationJoint Findings and Awardindustrial injuryaircraft mechanickneesneckback
References
Case No. ADJ9290968 ADJ9290970
Regular
May 01, 2017

MARIA T. GARCIA vs. ALHAMBRA HEALTHCARE WELLNESS CENTER

The Workers' Compensation Appeals Board (WCAB) denied Alhambra Healthcare Wellness Center's petition for removal. Removal is an extraordinary remedy granted only upon a showing of substantial prejudice or irreparable harm, and that reconsideration would be inadequate. The WCAB found that the defendant failed to demonstrate either of these conditions based on the administrative law judge's report. Therefore, the petition for removal was denied.

RemovalPetition for RemovalWorkers' Compensation Appeals BoardWCJSubstantial PrejudiceIrreparable HarmReconsiderationExtraordinary RemedyADJ9290968ADJ9290970
References
Case No. ADJ4716833 (VNO 0556240)
Regular
Oct 20, 2011

JASON DRION vs. T & G ROOFING, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed Jason Drion's petition for reconsideration. The dismissal was primarily based on the petition being untimely. Even if considered on its merits, the WCAB would have denied reconsideration according to the administrative law judge's report. Therefore, the petition was officially dismissed.

Petition for ReconsiderationWorkers' Compensation Appeals BoardWCJ ReportDismissedUntimelyMeritsAdministrative Law JudgeJason DrionT&G RoofingState Compensation Insurance Fund
References
Case No. ADJ6767164
Regular
Oct 27, 2010

JOSE ESPINO vs. T&O MASONRY, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed Jose Espino's Petition for Reconsideration in Case No. ADJ6767164. The WCAB adopted and incorporated the reasoning of the workers' compensation administrative law judge's (WCJ) Report and Recommendation. Additionally, the petitioner was admonished for violating WCAB Rule 10848 by submitting an unauthorized reply.

Petition for ReconsiderationWorkers' Compensation Appeals BoardWCJ Report and RecommendationDismissed PetitionWCAB Rule 10848Reply to AnswerAdministrative Law JudgeJose EspinoT&O MasonryInc.
References
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