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

Case No. LAO 823855, LAO 823856
Regular
Oct 03, 2007

PEDRO M. RODRIGUEZ vs. RALPHS GROCERY COMPANY

The applicant sought reconsideration of a denial of workers' compensation benefits, which was based on the finding that his claims were filed after notice of termination. The Board affirmed the denial, concluding that the applicant's job abandonment led to a termination prior to the filing of his claims. The Board also determined that the employer properly denied both the specific and cumulative trauma claims, thus negating a presumption of compensability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderFindings of FactAdministrative Law JudgeApplicantDefendantRalphs Grocery CompanySecurity GuardIndustrial Injury
References
Case No. ADJ6877517
Regular
Feb 10, 2017

LILIANA PEREZ vs. E. & J. GALLOW WINERY

The Workers' Compensation Appeals Board denied the defendant winery's petition for reconsideration. The defendant argued that the applicant's prior petition to reopen initiated all subsequent proceedings, including their own petition to terminate benefits. However, the Board found this contention meritless as the applicant's petition sought only new and further disability, not termination, and was withdrawn before trial. Labor Code section 4607, regarding unsuccessful proceedings to terminate awards, thus applied only to the defendant's actions.

Petition for ReconsiderationPetition to ReopenNew and Further DisabilityTerminate Medical AwardLabor Code 4607Unsuccessful TerminationInitiated ProceedingsWithdrawal of PetitionWCJ ReportAppeals Board Rule 10848
References
Case No. ADJ4559849
Regular
Sep 30, 2009

PATSY VAN BUSKIRK vs. MOCEO E.V. COMPANY, CIGA

The Workers' Compensation Appeals Board affirmed a judge's decision denying attorney fees under Labor Code section 4607. The applicant's attorneys argued fees were owed because the defendant constructively terminated medical treatment without filing a formal petition to terminate the award. However, the Board found that the defendant only disputed specific treatment requests, not initiated proceedings to terminate the overall award of future medical care. Therefore, pursuant to *Smith v. Workers' Comp. Appeals Bd.*, attorney fees under section 4607 were not applicable.

Labor Code section 4607Petition for ReconsiderationPermanent DisabilityFurther Medical TreatmentQualified Medical ExaminerMedical Provider NetworkConstructively TerminatedSmith v. Workers' Comp. Appeals Bd.Termination ProceedingsAttorney Fees
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. ADJ3057068
Regular
Nov 01, 2010

Cecilio Torres vs. Holbrook Construction, Inc., Lincoln General Insurance Company, American Claims Management, State Compensation Insurance Fund

The Workers' Compensation Appeals Board granted reconsideration, rescinded a prior decision, and returned the case for further proceedings. The applicant claimed a back and other injuries, alleging he notified his supervisor of the incident and subsequent pain before termination. The Board found the applicant met his burden to prove he provided sufficient notice of injury to his supervisor prior to termination, fulfilling the notice requirement of Labor Code section 3600(a)(10). Defendants failed to rebut the applicant's evidence that he reported the injury and requested medical treatment from his supervisor.

Workers' Compensation Appeals BoardReconsiderationLabor Code Section 3600(a)(10)Notice of InjuryTerminationPreponderance of EvidenceSupervisor NoticeActual NoticeEmployer KnowledgeWCJ Decision
References
Case No. ADJ8258390, ADJ8246247, ADJ9024430
Regular
Oct 08, 2019

HAMIDULLAH SARWARY vs. WALGREENS FAMILY OF COMPANIES, ZURICH AMERICAN INSURANCE

The applicant seeks reconsideration of a finding that he failed to prove his employer violated Labor Code section 132a by terminating him after resolving his workers' compensation claims. The Appeals Board rescinded the prior order, finding the judge's decision lacked clarity regarding evidence of termination and temporal proximity between settlement and separation. The Board remanded the case for further proceedings to develop the record on whether the applicant was terminated due to his settlement and if such termination was necessitated by business realities.

Labor Code section 132aRetaliationDiscriminationTerminationCompromise and ReleasePrima facie caseBusiness realitiesTemporal proximityDisadvantageous treatmentWorkers' Compensation Appeals Board
References
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. ADJ8394203
Regular
Oct 08, 2013

Anthony Miranda vs. Fresno Unified School District

The Workers' Compensation Appeals Board denied Anthony Miranda's Petition for Reconsideration, upholding the WCJ's decision that his injury claim was barred under Labor Code section 3600(a)(10). Miranda failed to prove any of the statutory exceptions, specifically that his employer had notice of the injury before his termination notice, that his pre-termination medical records documented the injury, or that the injury occurred after his termination notice. The Board found that Miranda admitted he did not report the injury until after his termination and that no medical evidence existed prior to his termination notice. Therefore, his claim for the May 9, 2012, bus accident injury was denied.

Labor Code 3600(a)(10)Petition for ReconsiderationDenial of ReconsiderationTimeliness of ClaimNotice of TerminationPre-Termination InjuryMedical RecordsSurveillance VideoIndustrial InjuryWorkers' Compensation Appeals Board
References
Case No. VNO 487026
Regular
Jul 08, 2008

Frank Lujan vs. CG MILLER INC., Republic Indemnity Company of California

The Workers' Compensation Appeals Board denied a lien claimant's petition for reconsideration, affirming the disallowance of a $\$ 12,547.06$ lien for medical treatment expenses. This decision was based on the finding that the applicant did not sustain an injury arising out of and occurring in the course of employment, as the claim was filed after the applicant's termination and no exceptions under Labor Code section 3600(a)(10) were met. The employer lacked prior notice of the injury, and there was insufficient evidence of pre-termination medical records or an injury occurring after notice of termination.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationFindings and OrderAdministrative Law JudgeIndustrial InjuryLow BackMover/PackerSelf-Procured Medical TreatmentLabor Code Section 3600(a)(10)
References
Case No. ADJ10268949
Regular
Nov 23, 2016

ELOY DELA TORRE FERNANDEZ vs. MERCHANT'S LANDSCAPE SERVICES, INC.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision that barred the applicant's claim due to a post-termination filing defense. The applicant claimed exceptions to this defense, arguing he received pre-termination treatment and that his date of injury, under Labor Code § 5412, occurred after his termination. The WCAB found insufficient evidence to decide the pre-termination treatment exception and remanded the case to clarify the applicant's date of injury under § 5412, as this date's post-termination status would be an exception to the defense. The prior order was rescinded and the case returned for further proceedings.

Workers Compensation Appeals BoardPetition for ReconsiderationFindings and OrderLabor Code Section 3600(a)(10)Post-termination DefenseCumulative InjuryDate of InjurySection 5412Compensable DisabilityTrier of Fact
References
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