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

Case No. LAO 0832818, VNO 0508728
Regular
Jan 22, 2008

TOMAS ALONZO (deceased) BEATRIZ ALONZO (widow) vs. NHAN VAN NGUYEN aka KEVIN CONSTRUCTION, illegally uninsured, DAVID BENAVIDES; PACIFIC SPECIALTY INSURANCE COMPANY

This case involves a deceased worker, Tomas Alonzo, whose widow claims he was an employee of homeowner David Benavides. The Appeals Board denied reconsideration, upholding the finding that Alonzo was Benavides' employee because Alonzo's direct employer, Kevin Construction, was an unlicensed contractor. California law presumes unlicensed contractors and their employees are employees of the hiring party to ensure compensation.

Workers' Compensation Appeals BoardTomas AlonzoBeatriz AlonzoNhan Van NguyenKevin Constructionillegally uninsuredDavid BenavidesPacific Specialty Insurance CompanyLAO 0832818VNO 0508728
References
Case No. ADJ7458165
Regular
May 26, 2011

ALONZO FRANCISCO vs. ADECCO, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA

This case involves a defendant seeking reconsideration of an award for industrial injury to multiple body parts, temporary disability, and further medical treatment. The Appeals Board granted reconsideration to clarify that the Employment Development Department's lien takes precedence over the applicant's attorney fees. Attorney fees are now only payable from the remaining temporary disability indemnity after the EDD lien is satisfied, as statutory criteria for fees from EDD recovery were not met. Otherwise, the original findings regarding the industrial injury and need for medical treatment were affirmed.

Workers' Compensation Appeals BoardAdeccoInsurance Company of the State of PennsylvaniaAlonzo Franciscoindustrial injurytemporary disabilityEmployment Development DepartmentEDD lienattorney feesLabor Code section 5313
References
Case No. ADJ1909228
Regular
Oct 18, 2010

ALONZO MALONE vs. FIRST TRANSIT, INC., NATIONAL UNION FIRE INSURANCE

In this workers' compensation case, the defendant seeks reconsideration of a previous award granting further medical treatment for an admitted left knee injury. The defendant argues the Administrative Law Judge (ALJ) erred by not relying on the Agreed Medical Examiner's (AME) opinion and instead favoring the treating physician's recommendation. The Workers' Compensation Appeals Board (WCAB) granted reconsideration. The WCAB rescinded the prior award and remanded the case back to the trial level for further development of the record and a new decision by the ALJ.

WCABAlonzo MaloneFirst TransitInc.National Union Fire InsuranceFindings and Awardbus driverindustrial injuryleft kneefurther medical treatment
References
Case No. ADJ2177218
Regular
Jun 09, 2009

JOEL ALONZO vs. MISSION LINEN SUPPLY, CIGA on Behalf of CREDIT GENERAL in liquidation

This case involves a dispute over reimbursement for medical-legal expenses incurred by the applicant. The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior order denying these expenses. The WCAB found the original record to be inadequate, lacking stipulations and sufficient evidence to decide the issue. Consequently, the WCAB rescinded the prior order and returned the matter to the trial level for further proceedings. The WCAB also emphasized the need for a prompt resolution given the long pendency of the case and the applicant's injury.

WORKERS' COMPENSATION APPEALS BOARDJOEL ALONZOMISSION LINEN SUPPLYCIGAMEDICAL-LEGAL EXPENSESQUALIFIED MEDICAL EVALUATORSLABOR CODE SECTION 5811RECONSIDERATIONREMOVALFINDINGS AND ORDER
References
Case No. ADJ9061807
Regular
May 26, 2016

VIRGINIA ALONZO vs. ANTELOPE VALLEY HOSPITAL

The Workers' Compensation Appeals Board dismissed Virginia Alonzo's petition for reconsideration due to untimeliness. The petition was filed on April 4, 2016, more than 25 days after the WCJ's February 25, 2016 decision. Filing deadlines for reconsideration petitions are jurisdictional, and the Board lacks authority to act on late submissions. Additionally, the petitioner's representation notice was noted as deficient.

Petition for ReconsiderationUntimely FilingDismissalJurisdictional Time LimitWCAB RulesProof of FilingNotice of RepresentationElectronic Adjudication Management SystemService by MailCalifornia Labor Code
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. ADJ1916556 (RIV 0038645)
Regular
Mar 12, 2009

GHEORGHE TOMA vs. BASIC ELECTRIC, CALIFORNIA COMPENSATION INSURANCE, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, BROADSPIRE

This case involves a workers' compensation claim for Gheorghe Toma, who sustained a back and leg injury in 1998, and later claimed cumulative trauma. The Board granted reconsideration of a prior award finding 60% permanent disability, finding the Agreed Medical Examiner's (AME) apportionment report unclear. The AME's opinion on apportionment between the specific injury, natural progression, and subsequent cumulative trauma was inconsistent and lacked sufficient explanation. The Board rescinded the prior award and returned the matter for further development of the medical record, specifically requiring the AME to clarify the extent of disability and apportionment to non-industrial factors.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardPermanent DisabilityApportionmentSpecific InjuryContinuous TraumaAgreed Medical ExaminerNew and Further DisabilityStipulated Award
References
Case No. ADJ8877250, ADJ8877252
Regular
Nov 25, 2015

Tomas Espinoza vs. SBEEG HOLDINGS, LLC, NATIONAL LIABILITY & FIRE INSURANCE COMPANY, HARTFORD INSURANCE COMPANY OF THE MIDWEST

This case involves applicant Tomas Espinoza's petition for reconsideration after his workers' compensation cases were dismissed without prejudice. The dismissal stemmed from his failure to appear at a mandatory settlement conference on May 4, 2015. Espinoza argued good cause existed for his non-appearance, presenting a nearly illegible doctor's note dated September 14, 2015. However, the Workers' Compensation Appeals Board denied the petition, finding the provided documentation did not explain his absence at the crucial May 4th hearing. The Board adopted the WCJ's reasoning that the illegible note did not establish good cause for the initial failure to appear.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeMandatory Settlement ConferenceFailure to AppearDismissal Without PrejudiceGood CauseMedical ReasonsDoctor's NoteIllegible Document
References
Case No. ADJ4615548 (VNO 0497034) ADJ1524834 (VNO 0497035)
Regular
Feb 14, 2011

JULIA DE CASAS vs. GRIMWAY ENTERPRISES

This case involves a lien claimant seeking reconsideration after their $\$8,134.77$ medical treatment lien was disallowed by the WCJ for untimeliness. The lien was filed on February 8, 2010, for treatment rendered between June 2004 and February 2005, well after the August 3, 2006, Order Approving Compromise and Release and exceeding statutory filing deadlines. The claimant argued the lien was enforceable once the defendant was aware of the services and that the defendant had "unclean hands" for failing to disclose pending charges. The Board denied reconsideration, upholding the WCJ's finding that the lien claim was time-barred per Labor Code section 4903.5.

Workers' Compensation Appeals BoardGrimway EnterprisesTristar Risk ManagementEMSI Physicians NetworkTomas RiosAlpha Billing & CollectionsRicardo MuñozPetition for ReconsiderationLien ClaimantRulings Findings of Fact & Order
References
Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
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