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

Case No. ADJ9173159
Regular
Dec 09, 2016

GARY COTTLE vs. TONY'S EXPRESS, CALIFORNIA TRUCKERS' SAFETY ASSOCIATION

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for reconsideration of a prior administrative law judge's (WCJ) order. This order addressed penalties for unreasonable delay in payment and sanctions for bad faith litigation. Crucially, the WCAB has not received a petition for reconsideration from defendant CTSA and requires them to submit a copy of their petition and proof of timely filing within 20 days. Failure to comply will result in the WCAB proceeding with only the applicant's petition.

WCABPetition for ReconsiderationLabor Code Section 5814Unreasonable DelayCompensation PaymentLabor Code Section 5813Bad Faith LitigationLienTimely FiledProof of Service
References
0
Case No. ADJ7160971
Regular
Jan 12, 2015

JACINTO CATILLO vs. SANTA CLARITA INTERIORS, ZURICH AMERICAN INSURANCE CO

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of the defendant's petition to review an arbitrator's award finding the applicant sustained a lumbar spine injury. The defendant's petition for reconsideration was potentially untimely and filed with the incorrect district office for this ADR carve-out case. The WCAB will issue a notice of intention to dismiss unless the defendant provides proof of timely filing with the correct office. The defendant has 15 days to submit documentation demonstrating the petition was timely filed.

Petition for ReconsiderationArbitrator's Findings and AwardJourneyman CarpenterLumbar SpinePermanent DisabilityApportionmentTemporary Total Disability IndemnityArbitrator's Report and RecommendationElectronic Adjudication Management SystemADR carve-out case
References
2
Case No. ADJ8649645 ADJ8482658
Regular
Jun 25, 2015

ANTONIA LOPEZ vs. RELIABLE RESOURCES, JUSTMAN PACKAGING, GALLAGHER BASSETT SERVICES, INC.

This case involves a Petition for Reconsideration that was dismissed by the Workers' Compensation Appeals Board (WCAB). The dismissal was based solely on the petition being untimely filed. California law allows 25 days to file, with potential extensions, but the petition was filed significantly after the deadline. The WCAB lacks jurisdiction to consider petitions filed outside this mandatory time limit. Even if timely, the petition would have been denied on the merits.

Petition for ReconsiderationUntimely filingWorkers' Compensation Appeals BoardWorkers' Compensation Administrative Law JudgeJurisdictional time limitDismissed petitionService by mailProof of filingMaranian v. Workers' Comp. Appeals Bd.Rymer v. Hagler
References
4
Case No. MISSING
Regular Panel Decision

In Re St. James Mechanical, Inc.

ITT Sheraton Corporation (ITT) moved to extend its time to file a proof of claim or to have the notice of appointment of the Creditors Committee deemed an informal claim in the Chapter 11 bankruptcy case of St. James Mechanical, Inc. (the Debtor). The Court denied both aspects of ITT's motion. The Court ruled that ITT no longer possessed a pre-petition claim against the Debtor because it was discharged upon the confirmation of the reorganization plan, thus making Rule 9006(b) for extending claim filing time inapplicable. Additionally, the Court found that the Notice of Appointment did not constitute a valid informal proof of claim as it was not filed by ITT and lacked sufficient intent. However, the Court determined that despite ITT's failure to file a timely claim, it is still entitled to the treatment outlined in the confirmed plan, as the plan's provisions are binding on all parties, acting as res judicata, even if they contained legal errors in ITT's inclusion.

BankruptcyChapter 11Proof of ClaimExcusable NeglectPlan ConfirmationDischargeDue ProcessRes JudicataInformal ClaimCreditors Committee
References
33
Case No. ADJ10098723
Regular
Dec 15, 2017

CARL GAITHER vs. CALIFORNIA RESOURCES CORPORATION, STAR INDEMNITY AND LIABILITY CO.

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration because it was filed more than 25 days after the original award, violating jurisdictional time limits. Conversely, the defendant's petition for reconsideration was granted to allow the Board further opportunity to review the factual and legal issues. This case turns on a procedural technicality regarding timely filing. The WCAB will now review the merits of the defendant's petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardLab. CodeCal. Code Regs.jurisdictionaluntimely petitiondismissalgrantDecision After Reconsideration
References
4
Case No. ADJ10948281
Regular
Mar 06, 2023

HELODORO ZAMORA PEREZ vs. RMT CONTRACTING, INC., INSURANCE COMPANY OF THE WEST

This case involves a petition for reconsideration filed by Helodoro Zamora Perez against RMT Contracting, Inc. The Workers' Compensation Appeals Board (WCAB) dismissed the petition because it was not timely filed. The WCAB explained that a decision resolving a "threshold" issue is a final order, and any challenges must be made through a timely petition for reconsideration. Since the WCJ's decision addressed a threshold issue, it was a final order subject to timely reconsideration. Furthermore, the WCAB stated that even if the petition had been timely, it would have been denied on its merits.

Petition for ReconsiderationThreshold IssueFinal DecisionInterlocutory IssuesRemoval StandardExtraordinary RemedySignificant PrejudiceIrreparable HarmAdequate RemedyWCAB
References
4
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
2
Case No. ADJ8514033
Regular
Feb 28, 2014

ALLEN SCOTT CHANCE vs. TIME PRINTING, INC., SELECT INSURANCE

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration in this case. The dismissal was based on the petition being untimely filed, as it was submitted more than 25 days after the Workers' Compensation Judge's decision. California Labor Code and WCAB rules establish a jurisdictional 20-day deadline for filing, with a possible 5-day extension for mailing. The WCAB indicated that even if timely, the petition would have been denied based on the Administrative Law Judge's report.

Petition for ReconsiderationUntimely FilingLabor Code Section 5903Code Civ. Proc. § 1013WCAB Rule 10507Jurisdictional Time LimitWorkers' Compensation Appeals BoardWCJ Report and RecommendationDismissalApplicant
References
5
Case No. ADJ7570196
Regular
Apr 21, 2017

ERIK SPEARMAN vs. SUBSEQUENT INJURIES BENEFITS TRUST FUND, administered by THE DIRECTOR OF THE DEPARTMENT OF INDUSTRIAL RELATIONS

The Workers' Compensation Appeals Board (WCAB) dismissed the Petition for Reconsideration filed by the Subsequent Injuries Benefits Trust Fund. The petition was dismissed because it was untimely, filed more than 25 days after the WCJ's decision. The WCAB emphasized that the filing deadline is jurisdictional and that a petition must be *received* by the Board within the allowed time. If the petition had been timely, it would have been denied on the merits.

SUBSEQUENT INJURIES BENEFITS TRUST FUNDPetition for Reconsiderationuntimely filingjurisdictionalAppeals BoardWCJ decisiondeadlineproof of filingmailingservice
References
4
Case No. ADJ9312459
Regular
Nov 05, 2018

THANH CHUNG vs. SENTRY; SENTRY SELECT STEVENS POINT

The Workers' Compensation Appeals Board granted reconsideration of a lien claimant's petition, which had been recommended for dismissal as untimely. The Board noted discrepancies in electronic filing records and the lack of proof of timely physical filing. Therefore, the Board is giving the lien claimant an opportunity to provide evidence of timely filing within 10 days plus mailing time, otherwise the petition will be dismissed. No decision has been made on the merits of the petition at this stage.

Petition for ReconsiderationLabor Code section 4615lien claimanttimely filingEAMSBatch IDadministrative law judgeWorkers' Compensation Appeals Boardjurisdictionuntimely petition
References
4
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