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

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. ADJ2478986 (SAC 0326370)
Regular
Oct 07, 2014

LINDA FUNK vs. DELTA DENTAL PLAN OF CALIFORNIA, LIBERTY MUTUAL INSURANCE COMPANY

This case involves an award of additional attorney's fees to the applicant's attorneys following a successful defense of a Petition for Writ of Review. The Court of Appeal remanded the case for the Board to determine reasonable fees for appellate services. The applicant's attorneys requested $4,160.00, and the Board awarded $3,840.00, disallowing time spent on fee preparation. This award is made in addition to any other compensation owed to the applicant.

Workers' Compensation Appeals BoardAttorney's FeePetition for Writ of ReviewCourt of AppealLabor Code § 5801Supplemental AwardCertified Workers' Compensation SpecialistAppellate Attorney's FeesLiberty Mutual Insurance CompanyDelta Dental Plan
References
Case No. ADJ7232076
En Banc
Sep 26, 2011

Tsegay Messele vs. Pitco Foods, Inc.; California Insurance Company

The Appeals Board holds that the 10-day period for agreeing on an AME under Labor Code § 4062.2(b) is extended by five days when the initial proposal is served by mail, and clarifies the method for calculating this time period, finding both parties' panel requests premature.

Workers' Compensation Appeals BoardTsegay MesselePitco FoodsInc.California Insurance CompanyADJ7232076Opinion and Decision After ReconsiderationOrder Granting RemovalDecision After RemovalEn Banc
References
Case No. ADJ2023756 (SAC 0323234)
Regular
Aug 30, 2013

VICTORIA BRESHEARS vs. THE KROGER COMPANY DBA RALPH'S GROCERY COMPANY

The Workers' Compensation Appeals Board granted the employer's Petition for Reconsideration due to discrepancies regarding the timeliness of its filing. The Board issued a Notice of Intention to Dismiss, requiring the employer to provide proof of timely electronic filing via EAMS, specifically the Batch ID and submission date/time. If the employer fails to demonstrate the petition was filed before 5:00 PM on July 8, 2013, it will be dismissed as untimely.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardFindings and OrderWCJEAMSElectronic Adjudication Management SystemBatch IDTimely FiledProof of Service
References
Case No. ADJ7472541
Regular
Sep 02, 2014

MIRNA REYES vs. PREMIER BUILDING MAINTENANCE SERVICES, ZURICH NORTH AMERICA

This case involves a petition for reconsideration that was dismissed by the Workers' Compensation Appeals Board. The dismissal was primarily based on the petition not being timely-filed, as the applicant's representative received personal service of the underlying order. Even if the petition had been considered timely, the Board indicated it would have been denied on the merits. Consequently, the Board formally ordered the dismissal of the petition for reconsideration.

Petition for ReconsiderationDismissing PetitionTimely-filedPersonal ServiceOrder Dismissing LienWCJ Report20-day time limitService by mailMeritsWorkers' Compensation Appeals Board
References
Case No. ADJ8759866
Regular
Sep 01, 2016

ERNESTINA ESCAMILLA vs. PELICAN PRODUCTS, INC., UNITED STATES FIRE INSURANCE COMPANY

This case addresses a lien claimant's petition for reconsideration of a denied lien. The Workers' Compensation Appeals Board denied the petition, affirming the administrative law judge's finding that the lien was barred by Labor Code section 4903.5(a)'s 18-month limitations period. The Board ruled that because services were provided after July 1, 2013, the lien claimant was obligated to file within 18 months of the last service date, which they failed to do. The Board reasoned that the statute provided reasonable time for filing after its enactment.

Labor Code section 4903.5(a)lien claimantreconsideration18-month limitation periodJuly 12013reasonable timeretroactive applicationproceduralvocational rehabilitation
References
Case No. ADJ6429650
Regular
Feb 11, 2010

AMADO GATICA vs. COUNTY LINE FRAMING, CAMBRIDGE INTEGRATED SERVICES

This order dismisses the applicant's petition for reconsideration because it was filed from a non-final interlocutory order that did not determine substantive rights. The petition for removal is also denied, as the applicant failed to demonstrate substantial prejudice or irreparable harm. The Appeals Board will consider the petition timely filed due to a delay in its processing. Consequently, the Petition for Reconsideration is dismissed and removal is denied.

Petition for ReconsiderationFinal OrderSubstantive RightLiabilityInterlocutory OrderProcedural DecisionsEvidentiary DecisionsRemovalSubstantial PrejudiceIrreparable Harm
References
Case No. ADJ1169918 (VNO 0532601)
Regular
Apr 23, 2015

TERESA SALAZAR vs. COUNTY OF LOS ANGELES, TRISTAR

The Workers' Compensation Appeals Board (WCAB) dismissed Teresa Salazar's petition for reconsideration as untimely. The petition was filed on April 1, 2015, which was more than the 25-day jurisdictional deadline following the WCJ's December 30, 2014 decision. The WCAB lacks authority to consider petitions filed outside this statutory period. Therefore, the petition was dismissed, and had it been timely, it would have been denied on the merits.

Petition for ReconsiderationUntimely FilingDismissalWorkers' Compensation Appeals BoardWCJ ReportJurisdictional Time LimitService by MailExtension of TimePosting vs. FilingLegal Precedent
References
Case No. ADJ2947263
Regular
Jul 11, 2011

PATRICIA VILLEGAS vs. ORACLE CORPORATION, AMERICAN PROTECTION INSURANCE COMPANY, BROADSPIRE, THE CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, SEDGWICK, FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) denied Patricia Villegas's petition for reconsideration of an arbitrator's decision. The WCAB adopted the arbitrator's report as the basis for denial. Although the petition was filed late due to administrative oversight, the WCAB retroactively deemed it timely filed to ensure due process, citing relevant case law. Therefore, the petition for reconsideration was formally denied.

WORKERS' COMPENSATION APPEALS BOARDDENYING RECONSIDERATIONLABOR CODE § 5909DUE PROCESSTIMELY FILEDSTATUTORY TIME LIMITSHIPLEY V. WCABSTATE FARM FIRE AND CASUALTY V. WCABCIGNA INSURANCE COMPANYLIQUIDATION
References
Case No. ADJ14015513
Regular
Feb 15, 2023

BRADEN NANEZ vs. 3 STONEDEGGS, INC., TECHNOLOGY INSURANCE COMPANY, AMTRUST NORTH AMERICA

The Appeals Board rescinded the initial Findings and Order, finding the applicant's petition for reconsideration was timely due to defective service. The Board applied the commercial traveler rule, determining the applicant's injury arose out of and in the course of employment. The claim is not barred by the going and coming rule or intoxication, and the applicant sustained a fractured right femur. Issues of traumatic brain injury and bruised lung are deferred for further proceedings.

Workers' Compensation Appeals BoardReconsiderationOpinion and DecisionFindings and OrderApplicantEmployerAdjustedAdjudication NumberRedding District OfficeInjury Arising Out of and In the Course of Employment (AOE/COE)
References
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