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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. ADJ7124599
Regular
Apr 30, 2013

FUENTES vs. CEDARLANE NATURAL, LIBERTY MUTUAL

This case concerns a lien claimant's petition for reconsideration of a dismissed lien. The Workers' Compensation Appeals Board denied reconsideration, adopting the Judge's reasoning that the lien claimant failed to provide proof of timely payment of the lien activation fee. The Judge noted that the claimant did not present a receipt showing timely payment even when given an extended opportunity. Furthermore, the claimant failed to attach proof of timely payment of the lien activation fee to their petition, a requirement for reconsideration.

ADJ7124599Petition for ReconsiderationLien ClaimantWCJ OpinionReport and RecommendationFigueroa v. B.C. Doering Co.Lien Activation FeeDismissalLien ConferenceMinutes of Hearing
References
Case No. ADJ4461663 (VNO 0501542)
Regular
Oct 01, 2014

JONATHAN TRASK, vs. BLOOMINGDALE'S, INC., permissibly selfinsured, administered by MACY'S CORPORATE SERVICES

The Workers' Compensation Appeals Board denied lien claimant Dr. Silver's petition for reconsideration. The Board found that Bloomingdale's timely paid the negotiated lien settlement by issuing a check within 30 days, and when it was not received, a stop payment was placed and a replacement check issued promptly. The Board affirmed the administrative law judge's decision to admit bank records supporting timely payment, despite procedural objections regarding disclosure. Therefore, penalties, sanctions, and costs sought by the lien claimant were denied.

Lien claimantPetition for ReconsiderationStipulation and OrderTimely PaymentPenaltiesSanctionsFeesCostsComputer screen shotsSubstantial Evidence
References
Case No. ADJ3872960
Regular
May 06, 2013

ALONZO WATKINS vs. LONG BEACH UNIFIED SCHOOL DISTRICT

This case concerns applicant Alonzo Watkins' petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision denying his claim for unpaid benefits totaling $14,269.10. The WCAB denied reconsideration, finding that Watkins failed to provide substantial evidence of non-payment, as the employer presented proof of payment via checks issued over 16 years prior. The WCAB also ruled that Watkins raised the issue of the employer's failure to produce payment records for the first time on appeal, which is impermissible. Furthermore, the WCAB clarified that the record retention requirements for adjusting agencies do not mandate indefinite maintenance of claim files.

Petition for ReconsiderationFindings and OrderIndustrial InjuryBack InjuryLower ExtremitiesTeacherCompromise and ReleasePayment RecordsProof of PaymentNon-Payment
References
Case No. ADJ14275855
Regular
Jan 20, 2023

MARIA ANA TAYROS vs. CITY OF GREENFIELD, ACCLAMATION INSURANCE MANAGEMENT SERVICES

Here's a summary of the case in four sentences for a lawyer: The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration regarding a prior order compelling payment to a Qualified Medical Examiner (QME). The defendant sought to avoid paying the QME an additional deposition fee after a prior deposition was aborted due to technical issues, despite having paid for preparation and attempted appearance. The Board found that the QME was entitled to the statutory minimum two-hour payment for the rescheduled deposition, including preparation time, as the initial failure to depose was not the QME's fault. The Board also clarified that the defendant's petition was treated as one for reconsideration, not removal, and was denied on its merits.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalQualified Medical Examiner (QME)Deposition FeeMedical-Legal TestimonyAdministrative Director Rule 9795Payment of Expert Witness FeeCode of Civil Procedure Section 2034.450Labor Code Section 5710
References
Case No. ADJ212916 (VNO 0334702)
Regular
Feb 09, 2011

PETER L. WASCHER vs. AIDS HEALTHCARE FOUNDATION INC., CIGA FOR CAL. COMP. (IN LIQUIDATION), STATE COMPENSATION INSURANCE FUND

This case involves a dispute over reimbursement for workers' compensation payments made by CIGA (California Insurance Guarantee Association) on behalf of an insolvent insurer. The arbitrator initially ordered State Compensation Insurance Fund (SCIF) to reimburse CIGA only $105,511.94, pending further proof of payment. CIGA petitioned for reconsideration, arguing it had provided sufficient evidence of payment for the full $719,238.12. The Workers' Compensation Appeals Board granted the petition, finding CIGA's payment records were reliable and unrebutted. Consequently, SCIF was ordered to reimburse CIGA the entire $719,238.12.

CIGASCIFreimbursementarbitrationreconsiderationindustrial injuryAids Healthcare FoundationCal Compmedical paymentsproof of payment
References
Case No. ADJ2005524
Regular
Apr 17, 2013

GRACIELA PONCE vs. L.W. REINHOLD PLASTICS INC., STATE COMPENSATION INSURANCE FUND, EMPLOYERS COMPENSATION INSURANCE COMPANY

This case involves a Petition for Reconsideration by lien claimants, Doctors Dini and Ehyai, whose liens were dismissed for failure to pay activation fees. The Workers' Compensation Appeals Board denied reconsideration, adopting the judge's report. The lien claimants attempted to pay the activation fee on the day of the lien conference but paid it after the conference concluded. The Board found that the payment was untimely under Labor Code § 4903.06(a)(4), which requires payment prior to the conference, and that the claimants failed to provide verifiable details for their alleged payment difficulties.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ClaimantActivation FeePublic Search ToolEAMSWCJLabor Code § 4903.06 (a)(4)Lien ConferenceDismissal with Prejudice
References
Case No. ADJ4386714 (RIV 0021250)
Regular
Apr 04, 2011

Clifford Carlson vs. LOS ANGELES COUNTY METROPOLITAN TRANSIT AUTHORITY

The Workers' Compensation Appeals Board denied Clifford Carlson's petition for reconsideration of a decision that found the Los Angeles Metropolitan Transit Authority (MTA) complied with a prior award and was not liable for penalties. Carlson had alleged the MTA failed to make timely disability payments, sought over 100 penalties, and claimed the judge's findings were fraudulent and unsupported by evidence. The Board also denied the MTA's petition for sanctions against Carlson, finding his conduct, though arguably aggressive, did not rise to the level of bad faith as defined by statute.

Workers' Compensation Appeals BoardClifford CarlsonLos Angeles County Metropolitan Transit AuthorityPetition for ReconsiderationFindings and OrderPenaltiesLabor Code section 4650Timely Disability PaymentsCredit for Permanent Disability PaymentsSanctions
References
Case No. ADJ2529270 (MON0205624)
Regular
Dec 17, 2010

ZOI FOVOS vs. LOS ANGELES UNIFIED SCHOOL DISTRICT permissibly self insured c/o SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board granted reconsideration of a prior decision that found an award was paid timely without penalties. Applicant contended the defendant failed to include interest with the award payment, entitling them to penalties and attorney fees. The Board found the WCJ's decision failed to address the timeliness of interest payment and the applicability of penalties under Labor Code sections 5814 and 5814.5. The case is returned to the WCJ for further proceedings and a new decision regarding potential penalties and attorney fees for the delayed interest payment.

Workers Compensation Appeals BoardPetition for ReconsiderationFindings of FactAwardPenaltyAttorney's FeeInterest on AwardLabor Code Section 4650Labor Code Section 5814Labor Code Section 5814.5
References
Case No. SAL 0107814
En Banc
Jun 13, 2007

VALERI HAWKINS vs. AMBERWOOD PRODUCTS, STATE COMPENSATION INSURANCE FUND

The Appeals Board held that the two-year limitation on temporary disability payments under Labor Code section 4656(c)(1) begins from the date the first payment is actually made, not the date for which the benefit is first owed.

Workers' Compensation Appeals BoardEn Banc DecisionTemporary Disability PaymentLabor Code Section 4656(c)(1)Commencement of PaymentDate of InjuryCompensable WeeksAggregate Disability PaymentsSB 899Legislative Intent
References
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