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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. ADJ1862937 (VNO 0503723)
Regular
May 07, 2012

TRAVIS GRANT vs. SIERRACIN CORPORATION (PPG INDUSTRIES), administered by AVIZENT RISK

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The defendant sought to revive a December 9, 2008 dismissal order, arguing it was valid under Appeals Board Rule 10852. However, the Board found this dismissal order void *ab initio* because it was issued without the required notice of intention to dismiss and opportunity to be heard, as mandated by CCR Title 8, Section 10582. Therefore, the prior finding that the applicant's claim had not been dismissed was upheld.

Workers' Compensation Appeals BoardPetition for ReconsiderationFinding of FactOrder of DismissalRule 10852Rule 10582Lack of ProsecutionNotice of Intention to DismissVoid Ab InitioAdministrative Law Judge
References
Case No. ADJ3853266
Regular
Sep 12, 2008

Duncan Grant vs. Contra Costa Fire Protection District, Contra Costa County Risk Management

The WCAB granted reconsideration and rescinded the July 1, 2008 Findings and Award, returning the matter for further proceedings to determine if the applicant's prostate cancer developed or manifested within 60 months of his last day of work.

WCABContra Costa Fire Protection DistrictDuncan GrantADJ3853266OAK 0318197ReconsiderationGranting ReconsiderationDecision After Reconsiderationindustrial cumulative traumaprostate cancer
References
Case No. ADJ9800793
Regular
Oct 06, 2016

TRAVIS TIDWELL vs. PRO TRAFFIC SERVICES, COMPANION PROPERTY AND CASUALTY INSURANCE COMPANY

In Tidwell v. Pro Traffic Services, the applicant, Travis Tidwell, petitioned for reconsideration of a July 12, 2016 decision. The Workers' Compensation Appeals Board granted reconsideration to allow for further study of the factual and legal issues. This allows the Board to gain a complete understanding of the record for a just decision. All future filings related to the petition must now be submitted directly to the Commissioners' office in San Francisco, not district offices or e-filed.

Petition for ReconsiderationWorkers' Compensation Appeals BoardTravis TidwellPro Traffic ServicesCompanion Property and Casualty Insurance CompanyIntercare PasadenaSan Diego District OfficeStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned Decision
References
Case No. ADJ9054894
Regular
Nov 29, 2016

GRANT GROVER vs. ATASCADERO STATE HOSPITAL, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted petitions for reconsideration filed by both applicant Grant Grover and defendant State Compensation Insurance Fund. This action was taken to allow the WCAB sufficient time to thoroughly study the factual and legal issues presented. The WCAB determined this further review is necessary to ensure a just and reasoned decision. All subsequent filings related to the petitions must be directed to the WCAB Commissioners' office in San Francisco, not local district offices or e-filing.

Grant GroverAtascadero State HospitalState Compensation Insurance FundADJ9054894San Jose District OfficePetitions for ReconsiderationSeptember 202016Statutory time constraintsFactual and legal issues
References
Case No. ADJ 2497207
Regular
Sep 02, 2008

PAUL MARTINEZ vs. HERITAGE FOODS, ST. PAUL FIRE & MARINE INSURANCE COMPANY

Reconsideration granted; WCJ's decision rescinded due to uncertainty in permanent disability rating; matter returned to WCJ for further proceedings and new decision.

Workers Compensation Appeals BoardPaul MartinezHeritage FoodsSt. Paul Fire & Marine Insurance CompanyADJ 2497207POM 0277661Opinion and Order Granting ReconsiderationDecision After ReconsiderationFindings and AwardIndustrial Injury
References
Case No. ADJ3118798 (LAO 0821877), ADJ1735055 (LAO 0821878), ADJ804986 (LAO 0821879)
Regular
Aug 25, 2011

NINA SINISTSYNA vs. OLYMPIC REHABILITATION CENTER, STATE COMPENSATION INSURANCE FUND, EVEREST NATIONAL INSURANCE COMPANY c/o ACCA, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, For CREDIT GENERAL, In Liquidation

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of the Workers' Compensation Judge's (WCJ) July 1, 2011 decision. The WCAB rescinded the WCJ's decision and returned the matter for further proceedings and a new decision by the WCJ. This action is not a final determination on the merits of the case.

WORKERS' COMPENSATION APPEALS BOARDOLYMPIC REHABILITATION CENTERSTATE COMPENSATION INSURANCE FUNDEVEREST NATIONAL INSURANCE COMPANYCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONCREDIT GENERALIn LiquidationADJ3118798ADJ1735055ADJ804986
References
Case No. ADJ3346924
Regular
Oct 02, 2013

JORGE RAMIREZ vs. BOARD FORD, PACIFIC COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of the Administrative Law Judge's (ALJ) prior decision. The WCAB rescinded the ALJ's decision and remanded the case back to the trial level for further proceedings and a new decision. This action means the original decision is nullified, and the case will be re-evaluated by the ALJ. The parties retain the right to seek further reconsideration of any future ALJ ruling.

WORKERS' COMPENSATION APPEALS BOARDOPINION AND ORDER GRANTING RECONSIDERATIONDECISION AFTER RECONSIDERATIONPetition for Reconsiderationworkers' compensation administrative law judgeWCJgrant reconsiderationrescind WCJ's decisionfurther proceedingstrial level
References
Case No. ADJ1433114
Regular
Aug 25, 2011

ANTONIO RAMIREZ vs. TRINITY BROADCASTING NETWORK, TRINITY CHRISTIAN CENTER, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision in the case of Ramirez v. Trinity Broadcasting Network. The WCAB rescinded the Administrative Law Judge's (ALJ) decision and returned the matter to the trial level for further proceedings. This action means the prior ruling is vacated, and the case will be re-evaluated by the ALJ. The parties still retain the right to seek reconsideration of any subsequent decision.

Workers Compensation Appeals BoardTrinity Broadcasting NetworkTrinity Christian CenterState Compensation Insurance FundOpinion and Order Granting ReconsiderationDecision After ReconsiderationWorkers' Compensation Administrative Law JudgeWCJrescindreturned to trial level
References
Case No. ADJ7291550
Regular
May 05, 2015

TRAVIS BOYER vs. PAN PACIFIC PETROLEUM, NATIONAL UNION FIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to reverse a prior award finding industrial injury. The WCAB held that the Qualified Medical Evaluator's (PQME) opinion was not substantial evidence as it lacked sufficient reasoning and was based on inconsistent applicant history. The Board concluded the applicant failed to meet the burden of proof to establish injury arising out of and in the course of employment. Therefore, the prior award was rescinded, and the applicant was found to have not sustained an industrial injury.

Workers' Compensation Appeals BoardPan Pacific PetroleumNational Union Fire Insurance CompanyTravis Boyerlumbar spinearising out of and in the course of employment (AOE/COE)statute of limitationsPanel Qualified Medical Evaluator (PQME)Dr. Khosrow Tabaddorsubstantial evidence
References
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