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

Case No. ADJ9122601 ADJ9122724
Regular
Mar 08, 2017

WENDY SHALVOY vs. WARNER BROTHERS HOME ENTERTAINMNET, INC.

The applicant claimed her employer violated Labor Code section 132a by withholding temporary disability benefits, which she believed led to differential treatment in a layoff. The WCJ initially issued a "take nothing" order on her entire application. The Appeals Board granted reconsideration to correct a clerical error, finding the WCJ inadvertently applied the "take nothing" order to the wrong part of the applicant's claim. The Board affirmed the WCJ's decision that the applicant failed to prove a violation of section 132a, amending the order to specify she takes nothing regarding her petition for enhanced benefits under that section.

Workers' Compensation Appeals BoardLabor Code section 132aPetition for ReconsiderationJoint Findings and OrdersAdministrative Law JudgeTemporary Total DisabilitySeverance PackageDifferential TreatmentClerical ErrorPetition for Enhanced Benefits
References
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. ADJ8323717
Regular
Mar 24, 2014

MARIA GONZALEZ vs. AMERICAN APPAREL, INC.; NEW HAMPSHIRE INSURANCE COMPANY, administered by ATHENS ADMINISTRATORS

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior "take nothing" order. The Board found that the administrative law judge improperly excluded four medical reports from secondary treating physicians, ruling they were admissible evidence even if not reviewed by the primary treating physician. The case is returned to the trial level for further proceedings and decision, with the admitted medical reports to be considered. The Board emphasized that this does not reopen discovery, but allows the WCJ to weigh all evidence to determine industrial causation.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact and OrderIndustrial CausationMedical ReportsAdmissible EvidencePrimary Treating PhysicianSecondary Treating PhysicianValdez v. Workers' Comp. Appeals Bd.Labor Code Section 4061.5
References
Case No. ADJ833288 (LBO 0385383)
Regular
Jan 29, 2016

MARTIN VALDEZ vs. NATURE'S TREE SERVICE, STATE COMPENSATION INSURANCE FUND

The applicant sought reconsideration of an order taking the case off calendar, arguing their attorney was not properly served with prior dismissal notices. The Appeals Board dismissed the Petition for Reconsideration because an order taking a case off calendar is interlocutory and not a final order subject to reconsideration. Furthermore, the Board denied the request for removal, stating the applicant had not shown substantial prejudice or irreparable harm. The applicant must address the prior dismissal order at the trial level before seeking appellate review.

WCABPetition for ReconsiderationPetition for RemovalOff Calendar OrderDismissal OrderSubstitution of AttorneysLack of ProsecutionService of ProcessInterlocutory OrderFinal Order
References
Case No. ADJ8050106 ADJ9468937 ADJ9154032
Regular
Nov 03, 2018

ANTONIO VAZQUEZ vs. CARSON TRAILERS, AMTRUST NORTH AMERICA

The Appeals Board dismissed the petition for reconsideration because it was taken from an interlocutory procedural order, not a final decision. The Board also denied the petition for removal, finding no substantial prejudice or irreparable harm, and that reconsideration would be an adequate remedy if a final decision issues. The order pertains to multiple cases involving Antonio Vazquez and Carson Trailers. The WCJ's order directing the use of a specific bill reviewer was deemed an evidentiary/procedural matter.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFinal OrderInterlocutory OrderEvidentiary OrderProcedural OrderSubstantive RightThreshold IssueExtraordinary Remedy
References
Case No. ADJ1981214
Regular
May 13, 2019

BEVERLY PEREZ vs. STANFORD UNIVERSITY, ZURICH AMERICAN INSURANCE COMPANY

The Appeals Board denied the applicant's Petition for Disqualification and dismissed her Petition for Reconsideration of an order taking the matter off calendar. The Board granted removal because the WCJ incorrectly concluded the case was dismissed, as the applicant had filed a timely objection to a Notice of Intention to Dismiss. The case is returned to the trial level to determine the adequacy of the applicant's response to the Notice of Intention.

Workers' Compensation Appeals BoardPetition for DisqualificationPetition for ReconsiderationPetition for RemovalWCJ OrderNotice of Intention to DismissWCAB Rule 10582Declaration of Readiness to ProceedMeet and ConferOrder Taking Matter Off Calendar
References
Case No. ADJ6572895
Regular
Dec 29, 2015

ROZANNE BRAMMER vs. VA HOME, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration, reversing a prior decision that awarded permanent disability benefits and attorney fees. The applicant was found not to have sustained an industrial injury AOE/COE. Therefore, without a finding of industrial injury, there can be no award of permanent disability or attorney fees. The Board rescinded the original findings and ordered that the applicant take nothing further.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrdersIndustrial InjuryPermanent DisabilityAttorney's FeeLabor Code Section 4650Advanced Disability PaymentsAppointed Medical ExaminerMedical Report
References
Case No. ADJ10344600
Regular
Aug 02, 2018

LUCIA GRADINARIU vs. FUTUREWEI TECHNOLOGIES, INC., BERKLEY NATIONAL INSURANCE

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petitions for reconsideration and removal. The WCAB found that the applicant's petition for reconsideration of the December 28, 2016 Findings and Orders was procedurally defective as it was unverified and lacked proper proof of service. The Board also determined that the applicant's petition challenging the subsequent Order Taking Off Calendar was an attempt to seek reconsideration of an interlocutory order, which is improper. Furthermore, the WCAB denied the petition for removal, finding no substantial prejudice or irreparable harm would result from the interlocutory order.

AOE/COEPetition for RemovalPetition for ReconsiderationOrder Taking Off CalendarFindings and OrdersSubstantial Medical EvidenceUnverified PetitionProof of ServiceCumulative InjuryDate of Injury
References
Case No. ADJ9070475
Regular
Dec 15, 2017

CARTO GROZCO vs. SUNSET MASONRY & CONCRETE, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for TOWER CASTLEPOINT INSURANCE

Radiology Disc of Encino's petition for reconsideration is dismissed because it was not filed from a final order. The Appeals Board grants removal, rescinds the previous order, and returns the case to the trial level. This allows Radiology Disc an opportunity to argue its jurisdiction and present evidence regarding its medical-legal services. The WCJ should have adjudicated jurisdiction rather than taking the case off calendar.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalOff-Calendar OrderFinal OrderSubstantive RightInterlocutory OrderMedical-Legal Expense DisputeWCJRemoval Granted
References
Case No. ADJ9274305
Regular
Dec 15, 2014

SALVADOR REYES vs. AVP&H A CALIFORNIA CORPORATION, MEADOWBROOK INSURANCE GROUP

The Workers' Compensation Appeals Board dismissed Salvador Reyes's Petition for Reconsideration because it was filed against an interlocutory order, not a final decision. The Petition for Removal was dismissed as moot, as the underlying issue regarding a specific Qualified Medical Examiner appeared to be resolved. Both petitions were denied as they did not address substantive rights or liabilities. The order reflects standard practice for non-final and moot petitions.

Petition for ReconsiderationPetition for RemovalFinal OrderInterlocutory OrderSubstantive RightLiabilityMootnessQMEOrder to CompelMeet and Confer
References
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