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Case Law Database

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

Case No. ADJ663546
Regular
Oct 01, 2009

Sudha Rajender vs. TOBIN LUCKS, MALMQUIST, FIELDS & CAMASTRA

The WCJ found insufficient evidence of significant stress to support a conclusion that work stress contributed to applicant's coronary heart disease. The Board affirmed the WCJ's determination and denied the petition for reconsideration.

Workers' Compensation Appeals BoardSudha RajenderTobin LucksMalmquist Fields Camastracumulative trauma injurymyocardial infarctionQualified Medical EvaluatorDr. Gerald Bessespetition for reconsiderationindustrial causation
References
Case No. ADJ7026308
Regular
Apr 01, 2011

CARLOS HERRERA vs. OBSTRO HERMITAGE, EMPLOYERS COMPENSATION INSURANCE COMPANY

The Appeals Board disqualified both the applicant's former counsel, Law Office of Lionel E. Giron, and the defendant's counsel, Tobin-Lucks, due to a conflict of interest. Applicant's attorney, Heather Brandt, failed to obtain informed written consent from her client before seeking and accepting employment with Tobin-Lucks, who represented the opposing party. Sanctions of $250 were imposed on William K. Calderon and the Law Office of Lionel E. Giron for this misconduct. The prior WCJ decision was rescinded, and the case was returned for a new trial with new counsel.

Workers' Compensation Appeals BoardDecision After Reconsiderationdisqualificationsanctionslabor code section 5813WCAB Rule 10561industrial injurylow backheadneck
References
Case No. ADJ7131007
Regular
Oct 18, 2010

PHILLIP SCHWARTZ (DEC'D.) vs. HALLIDAY MANAGEMENT, GAB ROBINS

The Workers' Compensation Appeals Board (WCAB) denied the Petition for Removal in the case of Phillip Schwartz (deceased) v. Halliday Management and GAB Robins. The WCAB adopted and incorporated the report of the workers' compensation administrative law judge (WCJ) as the basis for its decision. The order denying removal was filed on October 18, 2010.

Workers' Compensation Appeals BoardPetition for RemovalWorkers' Compensation Administrative Law JudgeADJ7131007Denying RemovalHalliday ManagementGab RobinsPhillip Schwartz (Dec'd)Order Denying RemovalDenial of Removal
References
Case No. ADJ4016007
Regular
Oct 05, 2009

ROSA ALVAREZ, ROSA ALVAREZ-GARAY vs. WATERWAY PLASTICS, US FIRE INSURANCE COMPANY

The petition for reconsideration is granted to allow sufficient opportunity to further study the factual and legal issues.

Petition for ReconsiderationWorkers' Compensation Appeals BoardWaterway PlasticsUS Fire Insurance CompanyMatrix Absence ManagementRosa AlvarezOpinion and OrderStatutory Time ConstraintsFactual and Legal IssuesDecision After Reconsideration
References
Case No. ADJ2982930
Regular
Oct 13, 2009

NASER DARABY vs. CR&R, INC., ZURICH LOS ANGELES

Reconsideration denied for reasons stated in the WCJ's report.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeWCJDENY RECONSIDERATIONNASER DARABYCR&R INC.ZURICH LOS ANGELESADJ2982930VNO 0516495
References
Case No. ADJ1889994
Regular
Oct 28, 2010

DARRELL FULLINGTON vs. TAMPA BAY BUCCANEERS

The Workers' Compensation Appeals Board granted reconsideration of a prior decision because the applicant's case has been settled. The Board rescinded the prior findings and award and returned the matter to the trial level. This allows the judge to approve the settlement, or if not approved, the original decision can be reinstated and reconsidered.

Workers' Compensation Appeals BoardReconsiderationRescinded DecisionTrial Level ProceedingsFindings and AwardWorkers' Compensation Administrative JudgeSettlement ApprovalFurther ProceedingsPetition for ReconsiderationDefendant's Letter
References
Case No. ADJ7354424
Regular
Jun 04, 2013

HILBERT DARB vs. COUNTY OF LOS ANGELES

The Workers' Compensation Appeals Board (WCAB) has dismissed the Petition for Removal filed by Hilbert Darb. The petitioner voluntarily withdrew their petition for removal of the April 3, 2013 decision. Consequently, the WCAB ordered the dismissal of the petition. This order was dated and filed on June 4, 2013.

Petition for RemovalPetition for ReconsiderationDismissedWithdrawnWorkers' Compensation Appeals BoardADJ7354424Hilbert DarbCounty of Los AngelesApril 3 2013 decisionFrank M. Brass
References
Case No. ADJ9047894
Regular
Aug 26, 2014

PEDRO PICENO vs. WEBER LOGISTICS, TRAVELERS

The Workers' Compensation Appeals Board granted the applicant's Petition for Reconsideration of a prior decision. Reconsideration was granted to allow for further study of the factual and legal issues to ensure a just and reasoned decision. All future communications regarding this case must be filed in writing with the Office of the Commissioners of the WCAB, not with any district office or electronically.

Petition for ReconsiderationWeber LogisticsTravelersADJ9047894Pomona District OfficeJune 112014statutory time constraintsfactual and legal issuesjust and reasoned decision
References
Case No. ADJ10120415
Regular
Jul 24, 2017

ZENAIDA BALDERAS vs. UNITED STAFFING ASSOCIATES, GALLAGHER BASSETT SERVICES

The Workers' Compensation Appeals Board denied Zenaida Balderas's Petition for Removal. Removal is an extraordinary remedy granted only when substantial prejudice or irreparable harm will result and reconsideration is not an adequate remedy. The Board found that Balderas failed to demonstrate these conditions, adopting the WCJ's reasoning for denial. Therefore, the Petition for Removal was denied.

Petition for RemovalWorkers' Compensation Appeals BoardSubstantial PrejudiceIrreparable HarmReconsiderationWCJ reportExtraordinary RemedyFrankin MealandTobin LucksFocil Law Firm
References
Case No. ADJ8649665
Regular
Mar 03, 2016

DONALD ALCANTAR vs. TOYS R US, ZURICH INSURANCE COMPANY

This case involves a petition for reconsideration filed by Donald Alcantar concerning a workers' compensation claim against Toys R Us and Zurich Insurance Company. The Workers' Compensation Appeals Board (WCAB) reviewed the petition and the report from the workers' compensation administrative law judge (WCJ). For the reasons stated in the WCJ's report, which the WCAB adopted and incorporated, the Board has denied Alcantar's petition for reconsideration. The order denying reconsideration was issued on March 3, 2016.

WCABDonald AlcantarToys R UsZurich Insurance CompanyADJ8649665Petition for ReconsiderationWCJ reportadministrative law judgeorder denying reconsiderationSan Francisco
References
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