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

Case No. ADJ426447 (RDG 0129495)
Regular
Jul 16, 2010

Shane Guest vs. Barrett Business Services

The Appeals Board dismissed the applicant's petition for reconsideration as he was not aggrieved by a final order. The applicant sought to set aside a settlement concerning the Employment Development Department's (EDD) lien, arguing it was made in error. However, the Board found that the WCJ had not yet made a final determination on the EDD lien, which is a prerequisite for the Board to have jurisdiction to approve or disapprove such a settlement. Therefore, the matter is returned to the trial level for a final determination of the EDD's lien.

WCABPetition for ReconsiderationDismissalEDD LienTrial LevelFinal DeterminationTemporary DisabilityEmployment Development DepartmentStipulationDeferred Lien
References
1
Case No. ADJ994369
Regular
Jan 19, 2014

JOSE JUAREZ vs. WATKINS MANUFACTURING CORPORATION

The Workers' Compensation Appeals Board (WCAB) is reconsidering a decision that awarded the applicant medical mileage and a penalty for unreasonable delay in compensation payments but denied attorney's fees. The WCAB believes attorney's fees are warranted under Labor Code section 5814.5 for enforcing the payment of awarded compensation. The case is being returned to the trial level for the judge to determine and award these attorney's fees.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardMedical Mileage Expense ReimbursementAttorney's FeesLabor Code Section 5814Labor Code Section 5813Labor Code Section 5814.5Cumulative Industrial InjuryPulmonary System Injury
References
0
Case No. ADJ4379045 (ANA 0389616)
Regular
Mar 19, 2012

FEDERICO MARTINEZ vs. ROBERTSON'S READY MIX, INC.

Defendant Robertson's Ready Mix sought to reopen a stipulated award of 81% permanent disability for Federico Martinez based on a change in law regarding life pension calculations. The Workers' Compensation Appeals Board (WCAB) dismissed the petition for reconsideration as untimely, as it was filed significantly beyond the statutory 20-day limit. However, the WCAB returned the petition to the trial level to be considered solely as a petition to reopen based on the alleged change in law. This decision allows the parties to address the legal change at the trial judge level.

Workers' Compensation Appeals BoardPetition to ReopenPetition for ReconsiderationStipulated Findings and AwardIndustrial InjuryPermanent DisabilityLife PensionLabor Code Section 4659(c)Baker v. Workers' Comp. Appeals Bd.Untimely Filing
References
5
Case No. ADJ2778456 (RIV 0077428)
Regular
Nov 23, 2010

ANGELLA KEITT vs. AGUA CALIENTE CASINO, TRIBAL FIRST AFFINITY SAN DIEGO

The Appeals Board granted reconsideration and rescinded the prior award because the trial judge prematurely determined the casino, owned by a federally recognized Indian tribe, waived sovereign immunity. The Board needs to first determine if it has subject matter jurisdiction, and the casino must present evidence on this issue at the trial level. The casino improperly attached new evidence to its reconsideration petition. The case is returned to the trial level for further proceedings to properly address the jurisdictional question.

sovereign immunityTribal Gaming Compactsubject matter jurisdictionwaiverdiscovery orderfederally recognized Indian tribereconsiderationrescindedtrial levelAngella Keitt
References
2
Case No. 2025 NY Slip Op 05688
Regular Panel Decision
Oct 15, 2025

Matter of Sahara Constr. Corp. v. New York City Off. of Admin. Trials & Hearings

Sahara Construction Corp. challenged a determination by the New York City Office of Administrative Trials and Hearings (OATH) that upheld civil penalties and a restitution order for violations related to a home improvement project. The Appellate Division, Second Department, reviewed the CPLR article 78 proceeding. The court confirmed OATH's determination, finding that the imposed civil penalties of $5,000 and restitution of $230,266.63 were not disproportionate and fell within statutory guidelines. The Court also affirmed the denial of the petitioner's motions to dismiss and compel discovery, concluding they were not arbitrary and capricious. Consequently, the petition was denied, and the proceeding dismissed on the merits.

Home Improvement ContractorsCivil PenaltiesRestitution AwardAdministrative Code ViolationsCPLR Article 78Judicial ReviewAppellate ReviewAbuse of DiscretionSense of FairnessAdministrative Summons
References
7
Case No. ADJ7038469
Regular
Sep 17, 2014

AZIZA SAYED vs. GIORGIO ARMANI, FEDERAL INSURANCE COMPANY

The defendant's petition to appeal an Administrative Director's Independent Bill Review (IBR) determination was dismissed. The Board found the petition premature as it was not first heard by a trial level Workers' Compensation Judge (WCJ). Additionally, the petition failed to comply with numerous procedural requirements, including proper captioning, verification, service, and stating specific grounds for appeal. Consequently, both the petition for reconsideration and the petition appealing the IBR determination were dismissed.

Workers' Compensation Appeals BoardIndependent Bill ReviewPetition for ReconsiderationAdministrative DirectorLabor Code section 4603.6MAXIMUS Federal ServicesInc.Lien claimantOfficial Medical Fee ScheduleWCAB Rules of Practice and Procedure
References
0
Case No. ADJ2651355 (LAO 0795117)
Regular
Jul 27, 2009

LAI L. LUI vs. S & W MANUFACTURING, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, For LEGION INSURANCE COMPANY, In Liquidation

The Appeals Board granted reconsideration of the WCJ's $69\%$ permanent disability rating and the defendant's challenge to attorney's fees. After obtaining a recommended rating from the DEU based on agreed medical evaluator reports, the Board affirmed the WCJ's decision but increased the permanent disability rating to $72\%$. The Board also determined that $15\%$ of awarded temporary and permanent disability indemnity is a reasonable attorney's fee, with final amounts and distribution to be determined at the trial level. Jurisdiction was returned to the trial level for further proceedings and awards consistent with this decision.

Workers' Compensation Appeals BoardPermanent Disability RatingAgreed Medical EvaluatorDisability Evaluation UnitMultiple Disabilities TableLife PensionAttorney's FeesTemporary Disability IndemnityLitigation ExpensesSelf-Procured Medical Expenses
References
0
Case No. ADJ515661 (OAK 0320944) ADJ1552296 (OAK 0313467)
Regular
Feb 17, 2009

MICHAEL BENKO vs. EMCOR/MARELICH MECHANICAL, SPECIALTY RISK SERVICES

This case returns to the trial level for further proceedings and a new decision. The Workers' Compensation Appeals Board rescinded the original Findings and Award due to the administrative law judge (ALJ) failing to properly determine whether the diminished future earning capacity (DFEC) portion of the 2005 rating schedule had been rebutted. Guidance from a recent Appeals Board decision, *Ogilvie v. City and County of San Francisco*, will be applied to this determination. The issue of the Employment Development Department's lien will also be addressed at the trial level.

Workers' Compensation Appeals BoardEMCOR/MARELICH MECHANICALSPECIALTY RISK SERVICESMichael BenkoFindings and AwardReconsiderationPlumberIndustrial InjuryLow BackPermanent Disability
References
2
Case No. ADJ3782484 (OAK 343607)
Regular
Apr 20, 2009

BRIAN GARRETT vs. CITY AND COUNTY OF SAN FRANCISCO

The Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for removal and rescinded the trial judge's order setting a Labor Code Section 132a discrimination claim for trial. The WCAB found that the applicant's Section 132a petition was too vague to determine the alleged violations. Furthermore, the WCAB determined that the defendant had not shown sufficient prejudice or irreparable harm to warrant bifurcating the trial or consolidating it with the underlying industrial injury claim. The case was returned to the trial level for further proceedings to ensure an expeditious conclusion.

Labor Code 132aDiscriminationRemoval PetitionWorkers' Compensation Appeals BoardWCJQualified Medical EvaluatorQMEIndustrial InjuryCase-in-chiefMandatory Settlement Conference
References
0
Case No. ADJ7928198
Regular
Mar 19, 2014

FELIPE AYALA vs. CUSTOM DELUXE LANDSCAPINT, ACE USA

The Workers' Compensation Appeals Board dismissed a petition for reconsideration because it was filed against a Notice of Intention, not a final order. The Board found the petition frivolous and warned against future similar filings. The case will be returned to the trial level for further proceedings and decision.

Petition for ReconsiderationNotice of Intention (NIT)Lien ClaimDismissalTrial LevelWCJ ReportFrivolous FilingSanctionsWorkers' Compensation Appeals BoardFinal Order
References
0
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