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

Case No. ADJ7948355
Regular
May 12, 2015

Sara Thomas vs. West Anaheim Medical Center, Hartford Accident Indemnity Company, Corvel, Stanbridge College, Farmers Insurance Exchange

This case denies Sara Thomas's petition for reconsideration of a prior ruling. The Appeals Board found that Thomas failed to meet her burden of proof to establish an industrial injury to her back. Despite her testimony about a specific mechanism of injury, the medical evidence did not support this causation. The Board also rejected her argument that the record should have been further developed, noting she had ample time to obtain supportive medical evidence.

Workers' Compensation Appeals BoardSara ThomasWest Anaheim Medical CenterHartford Accident Indemnity CompanyCorvelStanbridge CollegeFarmers Insurance ExchangeADJ7948355Petition for ReconsiderationIndustrial Injury
References
Case No. ADJ848157
Regular
Mar 09, 2011

CURTIS THOMAS vs. RAJ TENTS, LLC, SCIF INSURED PLEASANTON

The Workers' Compensation Appeals Board (WCAB) has dismissed a petition for reconsideration filed by a party in the case of Curtis Thomas v. Raj Tents, LLC. This dismissal is a result of the petitioner voluntarily withdrawing their reconsideration request. Consequently, the WCAB's prior decision from January 10, 2011, remains in effect.

Petition for ReconsiderationWithdrawn PetitionDismissed PetitionWorkers' Compensation Appeals BoardCurtis ThomasRaj TentsLLCSCIF Insured PleasantonADJ848157OAK 0347928
References
Case No. ADJ2769249 (SAL 0116181)
Regular
Mar 18, 2009

MIGUEL GONZALEZ vs. SCHRIVER PLUMBING, SCIF INSURED SAN JOSE

This case involves an applicant whose nine percent permanent disability rating for a right knee injury is disputed. The applicant argues this rating is disproportionate and unfair, as it prevents him from returning to his former plumbing work and is contradicted by a vocational expert's assessment of a 36-53% loss of future earning capacity. The Appeals Board granted reconsideration, rescinded the original decision, and returned the case for further proceedings. This is to allow the WCJ to consider the applicant's permanent disability in light of two en banc decisions, *Almaraz* and *Ogilvie*, which clarified the rebuttability of the 2005 Permanent Disability Rating Schedule.

WCABReconsiderationPermanent DisabilityRating ScheduleAlmarazOgilvieDFECAMA GuidesVocational ExpertEarning Capacity
References
Case No. ADJ7507358
Regular
Apr 03, 2023

KENNETH HARLAN vs. RENE M. CASAREZ aka RENE CASAREZ aka RENE BASAREZ aka RENE CAESAREZ dba AFFORDABLE PLUMBING AND ROOTER, HIROSHI CHARLES TANGE, FARMERS INSURANCE

This case concerns a worker injured while performing plumbing services at a new construction project. The Workers' Compensation Appeals Board denied a petition for reconsideration, upholding the finding that the homeowner, Hiroshi Tange, was the applicant's employer. The Board gave significant weight to the Workers' Compensation Judge's credibility determination of witnesses. Ultimately, the Board found no substantial evidence to overturn the judge's conclusion that the applicant was an employee working for the benefit of the homeowner, who exercised control over the project.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJcredibility determinationhomeownerunlicensed contractorindependent contractorpresumption of employmentLabor Code Section 3700Business and Professions Code Section 7125.2
References
Case No. ADJ4453862 (VNO 0519650)
Regular
May 24, 2012

WILLIAM LANEY vs. CLARK PLUMBING & HEATING, STATE COMPENSATION INSURANCE FUND, CALIFORNIA COMPENSATION

This case involves applicant William Laney's petition for disqualification against defendants Clark Plumbing & Heating and their insurers. The Workers' Compensation Appeals Board reviewed the petition and the administrative law judge's report. Based on the record and the judge's reasoning, the Board denied the disqualification petition. Therefore, the Board issued an order formally denying Laney's request.

Petition for DisqualificationWorkers' Compensation Appeals BoardDenying DisqualificationAdministrative Law JudgeReportRecordAdopt and IncorporateDeniedVan Nuys District OfficeClark Plumbing & Heating
References
Case No. ADJ10679914
Regular
Mar 05, 2018

Juan Torres vs. Ganalix Plumbing Repair, Uninsured Employers Benefit Trust Fund

The Workers' Compensation Appeals Board granted reconsideration and reversed the administrative law judge's decision, finding that applicant Juan Torres sustained a back injury arising out of and occurring during the course of employment with Ganalix Plumbing Repair. The Board disagreed with the judge's finding of no injury based solely on applicant's credibility, noting that three defense witnesses corroborated an event occurred, and medical records documented back pain shortly after the fall. The Board also acknowledged applicant's delay in reporting and the employer's lack of workers' compensation insurance, but ultimately found sufficient evidence for a compensable back injury.

WORKERS' COMPENSATION APPEALS BOARDJuan TorresGANALIX PLUMBING REPAIRUNINSURED EMPLOYERS BENEFIT TRUST FUNDFindings and OrderPetition for Reconsiderationadministrative law judgeWCJinjury arising out of and occurring during the course of employmentLabor Code section 5402(b)
References
Case No. ADJ970780 (AHM 0124230)
Regular
Jul 28, 2014

GUSTAVO DE LA CRUZ vs. BRIAN THOMAS PETERS dba BRIAN'S PLUMBING SERVICE, CREST AUTO BODY, STATE COMPENSATION INSURANCE FUND, UNINSURED EMPLOYERS BENEFITS TRUST FUND

This case involves a petition for reconsideration filed by the defendant regarding a prior decision. The Workers' Compensation Appeals Board (WCAB) has granted this petition to allow for further study of the factual and legal issues. This reconsideration is necessary to ensure a complete understanding of the record and to issue a just decision. All future communications in this matter must be filed in writing with the WCAB Commissioners' office.

Petition for ReconsiderationWorkers' Compensation Appeals BoardBrian's Plumbing ServiceState Compensation Insurance FundUninsured Employers Benefits Trust FundADJ970780AHIM 0124230Opinion and OrderStatutory Time ConstraintsFactual and Legal Issues
References
Case No. ADJ3526765 (SAC 0226620)
Regular
May 14, 2012

GARY HORAT vs. COUNTY OF SACRAMENTO

The Workers' Compensation Appeals Board denied Gary Horat's Petition for Reconsideration in the case against the County of Sacramento. The Board adopted and incorporated the reasoning of the workers' compensation administrative law judge. Horat's supplemental pleading was considered but did not alter the decision. Therefore, the Board's order denied the petition for reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeDeny ReconsiderationSupplemental PleadingCal. Code Regs. tit. 8§ 10848County of SacramentoGary HoratADJ3526765
References
Case No. ADJ10385904
Regular
Apr 21, 2017

DANIEL THOMAS vs. BIOLOGICAL TECHNOLOGY, AMTRUST NORTH AMERCA

This case concerns Daniel Thomas's workers' compensation claim against Biological Technology and Amtrust North America. The Workers' Compensation Appeals Board denied Thomas's petition for reconsideration, adopting the WCJ's report. The Board gave great weight to the WCJ's credibility determinations and found no substantial evidence to reject them. Crucially, the Board determined that Thomas failed to meet his burden under Labor Code Section 3600(a)(10) to demonstrate his claim was not barred by a layoff or termination notice.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ credibility determinationsLabor Code § 3600(a)(10)notice of termination or layoffpsychiatric injuriesevidence of injurymedical recordsdate of injurypreponderance of the evidence
References
Case No. ADJ982656
Regular
Nov 17, 2016

WANDA L. MALLOY vs. ELECTRONIC DATA SYSTEM, ARROWOOD INDEMNITY COMPANY

This case concerns former attorney Thomas Plumb's attempt to obtain additional attorney's fees and interest on previously awarded fees from vocational rehabilitation temporary disability (VRTD) funds. The Workers' Compensation Appeals Board denied his petition for reconsideration. Plumb failed to follow the established procedure for VRTD attorney's fees by not filing a lien or voucher with supporting documentation for over 23 years, rendering his claim inchoate and likely outside the Board's jurisdiction after changes in the law. Furthermore, his claim for interest on past awards was untimely, barred by statutes of limitations, and undermined by his own 22-year delay in pursuing it. Finally, the Board found Plumb was not denied due process as he failed to list the applicant as a witness and no sworn testimony was taken.

Vocational Rehabilitation Temporary DisabilityAttorney's FeesPetition for ReconsiderationFindings of Fact and OrderWCJLabor Code section 5803InterestLienVoucherRocha v. Puccia Construction Company
References
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