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Case Law Database

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

Case No. ADJ1053269
Regular
May 05, 2010

Leroy Berry vs. Bay City Electric, Inc., Zenith Insurance Company

This case involves an applicant who injured his back, neck, knee, and arm while working. The applicant filed a Petition for Employer's Serious and Willful Misconduct which was not properly filed with the Board. The applicant’s Petition for Reconsideration is dismissed because there is no evidence the petition was ever received by the Board. The Board adopted the judge's report, finding the petition was not filed and thus could not be acted upon.

Petition for ReconsiderationWorkers' Compensation Appeals BoardAdministrative Law JudgeSerious and Willful MisconductEmployer LiabilityJurisdictionTimelinessUntimely FilingNon-FilingRecord of Case
References
Case No. ADJ10227826
Regular
Mar 02, 2020

CARMEN PINEDA vs. MISSION FOODS (GRUMA CORPORATION), ACE AMERICAN INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC.

The Appeals Board granted reconsideration of the applicant's petition because of discrepancies regarding its timely filing. While the applicant's attorney signed the petition on December 30, 2019, and the EAMS filing date shows December 31, 2019, the applicant must provide definitive proof of filing on December 30, 2019. Failure to provide this proof, including an EAMS Batch ID, will result in the petition being dismissed as untimely. The Board is issuing an Order to Show Cause why the petition should not be dismissed.

WCABPetition for ReconsiderationEAMSFiling DateTimelinessElectronic FilingBatch IDProof of ServiceReconsideration GrantedNotice of Intention to Dismiss
References
Case No. ADJ1600976 (OAK 0345394) ADJ1359107 (OAK 0345395)
Regular
May 03, 2016

ELAINE JACKSON vs. COMCAST CORPORATION

This case involves a petition for removal filed by Comcast Corporation. The Workers' Compensation Appeals Board (WCAB) dismissed the petition as untimely. The WCAB found that the petition was filed more than 25 days after the WCJ's decision was served, exceeding the statutory deadline for filing such a petition. Even if it had been timely, the WCAB would have denied it on the merits based on the WCJ's report.

Petition for RemovalTimelinessWCAB Rule 10843(a)WCJ DecisionService by MailPetition FilingWCAB Rule 10507(a)(1)WCAB Rule 10508Mailing vs. FilingWCAB Rule 10845(a)
References
Case No. ADJ1108001 (LAO 0750981)
Regular
Feb 27, 2014

ALMA HILL vs. BMCA INSULATION PRODUCTS aka GAF BUILDING MATERIALS; AMERICAN GUARANTEE AND LIABILITY INSURANCE CO. administered by GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to address the timeliness of the applicant's Petition to Reopen for New and Further Disability. While the WCAB found the petition to be timely filed, they affirmed the original decision that the applicant failed to demonstrate new and further disability. The Board relied on Agreed Medical Examiners who found no worsening of the applicant's orthopedic or internal medicine conditions post-settlement. Despite some conflicting opinions regarding fibromyalgia and psychological claims, the WCAB concluded the evidence did not support a finding of new and further disability.

Petition to ReopenNew and Further DisabilityTimelinessIndustrial InjuryPsyche InjuryFibromyalgiaLupusAgreed Medical EvaluatorQualified Medical EvaluatorCase File Destruction
References
Case No. ADJ10875673
Regular
Mar 18, 2019

JOSEPH PIZARRO vs. TRILLIUM STAFFING SOLUTIONS, XL SPECIALTY INSURANCE c/o CORVEL

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Reconsideration because it was filed untimely. The deadline to file was December 11, 2018, but the petition was not filed until January 17, 2019. The Appeals Board lacks jurisdiction to consider petitions filed outside the statutorily mandated time limits. The applicant remained represented by counsel of record throughout the process.

Petition for ReconsiderationUntimely FilingDismissalJurisdictional Time LimitWorkers' Compensation Appeals BoardAdministrative Law JudgeFindings and OrderService by MailFiling RequirementsLegal Timeliness
References
Case No. ADJ8914455
Regular
Dec 28, 2015

JEFFREY SMITH vs. CITY OF CHULA VISTA

This case concerns applicant Jeffrey Smith's Petition for Reconsideration of a finding that he did not sustain hypertensive cardiovascular disease arising out of and in the course of his employment. The Workers' Compensation Appeals Board (WCAB) has granted reconsideration, not on the merits, but due to a question of timely filing. The WCAB intends to dismiss the petition unless the applicant provides proof that it was filed within the statutory 20-day deadline. The applicant's electronic submission was received by the Appeals Board one day after the deadline, and no physical receipt stamp exists.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardHypertensive Cardiovascular DiseaseAgreed Medical ExaminerCumulative TraumaPermanent DisabilityStipulated AwardTimelinessJurisdictional
References
Case No. ADJ1818368 (VNO 0523027), ADJ3597904 (VNO 0529502)
Regular
Jan 12, 2012

EMILIA OLGUIN vs. ESIS DIVISION OF ACE/USA INSURANCE

This case involves applicant Emilia Olguin's petition for reconsideration of a prior denial of her appeal. The Board granted reconsideration, finding her initial petition was timely filed on September 16, 2011, contrary to their previous decision. However, on the merits, the Board denied Olguin's appeal, adopting the workers' compensation judge's findings that her fibromyalgia was not industrially caused. The Board noted that the attorney's filing of duplicate petitions at different offices caused the initial confusion.

WCABPetition for ReconsiderationJoint Findings of Fact and AwardsTimelinessLabor Code Section 5903Mail ServiceFiling DeadlineElectronic Adjudication Management System (EAMS)District Office FilingCumulative Industrial Injury
References
Case No. ADJ481937 (RIV 0081478)
Regular
Mar 08, 2018

JERRY OLVERA vs. CEMENT UNLIMITED, IMPERIUM INSURANCE COMPANY, ATHENS ADMINISTRATORS

In Olvera v. Cement Unlimited, the Workers' Compensation Appeals Board dismissed a petition for reconsideration because it was untimely filed. The petition was electronically filed one day after the jurisdictional deadline of January 23, 2018, as the Order Dismissing Lien was served by mail on December 29, 2017. The Board reiterated that the filing deadline is jurisdictional and requires actual receipt of the petition, not just proof of mailing. Therefore, the Appeals Board lacked the authority to consider the merits of the petition.

Petition for ReconsiderationUntimely FilingJurisdictional Time LimitWorkers' Compensation Appeals BoardAdministrative Law JudgeService by MailProof of FilingElectronic FilingOrder Dismissing LienMaranian v. Workers' Comp. Appeals Bd.
References
Case No. ADJ8438087
Regular
Feb 24, 2017

CONSUELO ACEVEDO vs. SYSTEM SOLDING USA, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration, amending a prior decision to find that Tri-City Health Group's lien was timely filed. The Board affirmed the finding that Komberg Chiropractic's lien was barred by the statute of limitations due to late filing on December 29, 2015, when services ended December 28, 2012. However, Tri-City Health Group's lien, filed electronically on March 21, 2016, was deemed timely, as the deadline of March 19, 2016, fell on a weekend and the next business day was utilized. The matter is returned to the trial level for further proceedings regarding Tri-City Health Group's lien.

Workers' Compensation Appeals BoardLien ClaimantsStatute of LimitationsPetition for ReconsiderationFindings and OrderLabor Code Section 4903.5EAMSElectronic FilingBusiness DayTimely Filed
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
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