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

Case No. ADJ16783938; ADJ16778187
Regular
Aug 28, 2025

Polly Mark Dizon vs. Spears Manufacturing Company, Zurich San Francisco

Applicant Polly Mark Dizon filed applications for cumulative and specific injuries. The Workers' Compensation Administrative Law Judge (WCJ) issued a Findings and Order (F&O) requiring additional Qualified Medical Examination (QME) panels, which the defendant opposed. Defendant filed a Petition for Removal, arguing they would suffer substantial prejudice. The Appeals Board granted the Petition for Removal, finding that due process was violated as no evidentiary record was made, and the Minutes of Hearing were unclear. Consequently, the May 24, 2024 F&O was rescinded, and the matter returned to the trial level for further proceedings consistent with the Board's opinion.

Petition for RemovalQualified Medical Examinationsubstantial prejudiceMinutes of HearingOrdered Off CalendarFindings and OrderHearing LossHeadachesNeurologyAudiology
References
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. LAO 0799368, LAO 0800603
Regular
Apr 28, 2008

ALICE B. PARKINSON vs. THE OLIVE GARDEN, LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a prior order allowing a lien in full. The WCAB found that the administrative law judge (WCJ) failed to comply with procedural rules by not conducting an evidentiary hearing and that the defendant likely never received proper notice of the lien trial. Therefore, the case was returned to the trial level for an evidentiary hearing on the lien claim, with the WCAB also noting the defendant's potential culpability for non-appearance.

Workers' Compensation Appeals BoardReconsiderationLien TrialCompromise and ReleaseAffidavit of Defendant Re: Resolution of LiensDue ProcessEvidentiary HearingWCAB Rule 10562Notice of TrialService of Process
References
Case No. ADJ11426117
Regular
Nov 27, 2019

MARY HAIRSTON vs. ATRIA MENIFEE VALLEY, GALLAGHER BASSETT

The Applicant sought reconsideration of an approved Compromise and Release, alleging denial of due process due to her attorney's absence when signing and misunderstanding its nature. The Workers' Compensation Appeals Board (WCAB) dismissed the Petition for Reconsideration as premature. The WCAB agreed with the judge that the Applicant's due process concerns require a hearing at the trial level to present evidence regarding setting aside the settlement. Any party aggrieved by a subsequent trial level decision can then properly seek reconsideration.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationCompromise and ReleaseStipulation with Request for Awarddue processfair hearingset asideWCJtrial leveladministrative law judge
References
Case No. ADJ9259156
Regular
Jan 05, 2017

SIDNEY SWANSON vs. LAS VEGAS LA EXPRESS, ZURICH AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and rescinded the trial judge's findings. The Board found that a stipulation regarding the assignment of a lien from Mesa Pharmacy to Javlin Three LLC did not sufficiently address enforceability under Labor Code section 4903.8. Due to insufficient development of the record regarding the assignment's validity and Mesa's current business status, the case was returned to the trial level for further proceedings. This ensures due process by allowing for the presentation of evidence and potential testimony on these crucial issues.

Mesa PharmacyJavlin Three LLClien claimantassignment of rightsreimbursementLabor Code Section 4903.8standingMinutes of Hearingevidentiary hearingPetition for Reconsideration
References
Case No. ADJ6733950
Regular
Jul 25, 2012

ANTHONY AVILA vs. MARK EVERETTE DRYWALL CO., EVEREST NATIONAL INSURANCE CO., AMERICAN CLAIMS MANAGEMENT

This case concerns an applicant's Petition for Reconsideration of a dismissal order. The applicant argues his due process rights were violated because the dismissal for failure to appear was improper since his counsel was present at trial dates. The Appeals Board found that as the applicant was represented by counsel at trial, dismissal was erroneous. The Board granted reconsideration, rescinded the dismissal, and returned the matter to the trial level, also noting the unresolved request for counsel to withdraw.

Petition for ReconsiderationOrder Dismissing CaseWCJdue processMandatory Settlement ConferencetrialMinutes of Hearingrelieved as counselNotice of Intention to Dismiss Casefailure to appear
References
Case No. VNO 537574
Regular
Aug 18, 2008

## CARMEN BAPRAWSKI, vs. ## LOS ANGELES CITY COLLEGE; SOUTHERN CALIFORNIA RISK MANAGEMENT ASSOCIATION,

This case involves applicant Carmen Baprawski's claim for workers' compensation benefits due to stress and harassment sustained during her employment as a counselor. The administrative law judge dismissed the case without prejudice for failure to object to a Notice of Intention to Dismiss. The Workers' Compensation Appeals Board granted reconsideration, rescinding the dismissal order. The Board emphasized the legal policy favoring hearings on the merits and returned the case to the trial level. The WCJ is directed to treat the reconsideration petition as a timely objection and hold an evidentiary hearing on dismissal, considering factors like the applicant's capacity to sit for deposition.

Workers' Compensation Appeals BoardReconsiderationOrder of DismissalApplication for Adjudication of ClaimCumulative InjuryStress and HarassmentNotice of Intention to DismissGood CauseHearing on the MeritsEvidentiary Hearing
References
Case No. ADJ6952050
Regular
May 03, 2010

DANNY PARINAS vs. MERIX CORP., LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior award and sanctions order due to a fundamentally flawed record. The Board found that essential elements like admitted evidence, clearly defined issues, and total permanent disability amounts were missing, preventing a meaningful review. The case is remanded to the trial level for proper record preparation, including admission of evidence and clear findings. The WCJ must then issue a new decision based on this complete record, addressing the disputed start date for increased permanent disability and the sanctions.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationAward on StipulationsOrder Imposing SanctionsPermanent Disability IndemnityLabor Code section 4658(d)Qualified Medical Evaluator (QME)Panel QMEStipulationsJob Analysis
References
Case No. ADJ7825548
Regular
Nov 22, 2013

PERRY MASTAW vs. THE SPANOS CORPORATION, NATIONAL UNION FIRE INSURANCE COMPANY

The Applicant seeks reconsideration of a workers' compensation award, alleging fraud and duress in the stipulated settlement. The WCJ recommended granting reconsideration to allow for a hearing on these claims. However, the Appeals Board dismissed the petition as premature. The Board determined that allegations of fraud and duress require a factual hearing at the trial level to develop the record.

ADJ7825548Petition for ReconsiderationStipulations with Request for AwardFraudDuressSet Aside AwardDue ProcessFair HearingWCJ Report and RecommendationTrial Level Hearing
References
Case No. ADJ9794683
Regular
Oct 05, 2015

MARIA TIJERIN vs. SAN DIEGO UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board granted reconsideration and rescinded the trial judge's decision denying temporary disability benefits. The Board found the record insufficiently developed to determine if the applicant's industrial back and shoulder injury prevented her from working. Specifically, the Board noted the lack of hearing minutes and the need to distinguish industrial disability from non-industrial carpal tunnel surgery recovery. The case was returned to the trial level for further proceedings to develop the record regarding temporary disability entitlement.

Workers' Compensation Appeals BoardPetition for ReconsiderationTemporary DisabilityIndustrial InjuryLow Back InjuryRight Shoulder InjuryKindergarten TeacherNon-industrial Carpal Tunnel SurgeryRecord DevelopmentExpedited Hearing
References
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