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

Case No. ADJ9781533
Regular
Aug 02, 2017

Rodolfo Boate vs. Truegreen Landcare, Zurich American Insurance Company

This case involves Rodolfo Boate's workers' compensation claim against Truegreen Landcare and Zurich American Insurance Company for injuries sustained during an altercation with a coworker. The defendant argued the claim was barred because Boate was the initial aggressor, citing his physical advance towards the coworker. However, the Workers' Compensation Appeals Board (WCAB) denied reconsideration of the Administrative Law Judge's (WCJ) finding that Boate's actions were in reasonable fear of bodily harm due to the coworker's prior severe threats and aggressive behavior. The WCAB adopted the WCJ's credibility determinations, finding no substantial evidence to reject them. Therefore, Boate's injury was deemed industrial.

Workers' Compensation Appeals BoardRODOLFO BOATETRUGREEN LANDCAREZURICH AMERICAN INSURANCE COMPANYADJ9781533Petition for ReconsiderationDeniedWCJCredibility determinationsGarza v. Workmen's Comp. Appeals Bd.
References
Case No. ADJ7034676
Regular
Sep 20, 2013

MIGUEL LARA GASPAR vs. TRUEGREEN LANDCARE, ZURICH NORTH AMERICA

This case involves a Petition for Reconsideration filed by a lien claimant in Miguel Lara Gaspar v. Truegreen Landcare. The Workers' Compensation Appeals Board (WCAB) dismissed the petition as untimely filed. The WCAB found the petition was filed more than 25 days after the January 13, 2013 order, exceeding the statutory deadline for reconsideration. Therefore, the WCAB adopted the judge's report and ordered the petition dismissed.

Petition for ReconsiderationUntimely FilingLabor Code section 5903Code of Civil Procedure section 1013Workers' Compensation Appeals BoardWCJ Report and RecommendationDismissal OrderLien ClaimantAdministrative Law JudgeMigel Lara Gaspar
References
Case No. ADJ4408007 (STK 0205209)
Regular
Sep 20, 2013

CLIAS MONTES vs. TRUEGREEN LANDCARE, ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board dismissed the petition for reconsideration in case ADJ4408007. This dismissal was based on the fact that the Workers' Compensation Judge had already vacated the original Findings and Award on August 1, 2013. Therefore, the petition for reconsideration of the July 26, 2013 decision was rendered moot.

Petition for ReconsiderationMootVacatedFindings and AwardWorkers' Compensation Appeals BoardDismissedJuly 262013August 12013
References
Case No. ADJ9038979
Regular
Jun 14, 2018

SALVADOR BUENO vs. TRUGREEN LANDCARE, ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board (WCAB) dismissed Salvador Bueno's Petition for Reconsideration because it was filed significantly late. California law provides 25 days to file a petition for reconsideration after a decision is served by mail, with limited extensions. The petition was filed on May 3, 2018, over nine months after the WCJ's August 3, 2017 decision. Untimely petitions are jurisdictional defects, meaning the WCAB lacks the authority to consider them.

Petition for ReconsiderationTimelinessDismissalWCJ decisionMail serviceBusiness day extensionFiling deadlineJurisdictionalAppeals BoardWCAB
References
Case No. ADJ1791091 (SBR 0328761) ADJ2299543 (SBR 0340954)
Regular
Jan 04, 2013

DENNIS DANZER vs. TRUGREEN LANDCARE, ZURICH INSURANCE GROUP

This case involves a defendant's petition for reconsideration of a Workers' Compensation Appeals Board award. The defendant disputed the applicant's entitlement to temporary total disability benefits for specific periods. The Board denied the reconsideration, adopting the Judge's report. However, the Board corrected a clerical error in the original award, changing a temporary disability start date from "May 2, 2010" to "May 2, 2012" to accurately reflect the agreed-upon periods.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings & AwardTemporary DisabilityClerical ErrorIndustrial InjuryTruck DriverRight KneeBackRight Shoulder
References
Case No. SDO 0353754
Regular
Jul 16, 2007

MARIO SALAS-RAMIREZ vs. TRUGREEN LANDCARE, ZURICH AMERICAN INSURANCE CO.

The Workers' Compensation Appeals Board denied the defendants' petition for reconsideration of an Order Approving Compromise and Release (OACR). The defendants sought to set aside the OACR to address a lien but failed to specify any unauthorized action by the judge. While the timeliness of their petition was uncertain due to missing proof of service, the Board denied it on the merits based on the judge's report.

Compromise and ReleasePetition for ReconsiderationOrder Approving Compromise and ReleaseWCJIndustrial InjuryLumbar SpineThoracic SpinePelvisGardenerUntimely Petition
References
Case No. ADJ3108970
Regular
Feb 14, 2023

RUSSELL BLAIR vs. TRUGREEN LANDSCAPE, TERMINIX, SERVICEMASTER BRANDS, ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration to further develop the record. The Board found that the treating physician's psychiatric reports were stale and lacked sufficient detail regarding apportionment of permanent disability. Additionally, the Board determined that the applicant's dental injury claim requires further medical evaluation to establish industrial causation. Consequently, the case is remanded to the Workers' Compensation Judge for further proceedings regarding the dental injury, psychiatric disability, and overall permanent disability.

Workers' Compensation Appeals BoardFindings and AwardPetition for ReconsiderationAdministrative Law JudgeArising Out of and In the Course of Employment (AOE/COE)Lumbar SpineRight HipPsychePsychiatric Permanent DisabilityDental Injury Claim
References
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