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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. ADJ6680842
Regular
Jan 31, 2013

BRUNO VARGAS vs. SELECT BUILD INTEGRATED CONSTRUCTION SERVICES, GALLAGHER BASSETT

This case involves Applicant Bruno Vargas and Defendants Select Build Integrated Construction Services and Gallagher Bassett. The Workers' Compensation Appeals Board granted reconsideration of a previous WCJ decision. The Board rescinded that decision and returned the matter to the trial level for further proceedings and a new decision by the WCJ. This order is not a final decision on the merits of the case.

WCABReconsiderationRescindedFurther ProceedingsWCJ DecisionAdministrative Law JudgeApplicantDefendantsIntegrated Construction ServicesGallagher Bassett
References
Case No. ADJ2989133 (LAO 0836794) ADJ6672466
Regular
Sep 14, 2015

VENACIO SALAZAR vs. COUNTY OF LOS ANGELES GENERAL HOSPITAL

This case concerns a lien claimant, Dr. David Brendel, whose lien was dismissed by a WCJ for non-appearance and failure to respond to a Notice of Intention to Dismiss. Dr. Brendel argues he was never properly served with the Notice due to an incomplete address on the defendant's proof of service. Subsequently, another WCJ acknowledged the improper service and set the matter for a lien trial, only for that trial to be taken off calendar. The Appeals Board granted reconsideration, rescinded the dismissal order, and returned the case to the trial level for further proceedings on Dr. Brendel's lien claim.

Workers Compensation Appeals BoardLien ClaimantPetition for ReconsiderationOrder Dismissing LienNotice of Intention to DismissNon-AppearanceImproper ServiceLien TrialCompromise and ReleaseQualified Medical Evaluator
References
Case No. ADJ11826196
Regular
Oct 09, 2020

HUBER GARCIA vs. TESLA MOTORS, ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board (WCAB) has rescinded a prior WCJ decision in *Garcia v. Tesla Motors*. This action was taken because the parties have reached a proposed settlement while the case was pending on reconsideration. The matter is now returned to the trial level for the WCJ to review the settlement. If the settlement is not approved, the WCJ can reinstate the original decision, with the option for further reconsideration.

Workers' Compensation Appeals BoardReconsiderationProposed SettlementRescind DecisionReturned to Trial LevelWCJAdministrative Law JudgeZurich North AmericaTesla MotorsADJ11826196
References
Case No. ADJ9436553
Regular
Nov 03, 2014

ANA MARIA PENA, vs. SHREE AGASHIMATA INC.; dba BUDGET INN MOTEL; ILLINOIS MIDWEST INSURANCE AGENCY,

Defendant petitioned for removal after the WCJ took the case off calendar, citing the need for a Qualified Medical Evaluator. Defendant argued that a post-termination defense did not require medical evidence and the case should proceed to trial. The Appeals Board granted removal, rescinded the WCJ's order, and returned the case to the trial level. This was done because the WCJ had not yet judicially determined good cause to bifurcate the post-termination defense issue, which is a prerequisite to deciding if a QME is necessary.

Petition for Removalpost-termination defenseLab. Code § 3600(a)(10)discoveryexpert medical evidencetrialWCJoff calendarQMEbifurcate
References
Case No. ADJ4706204 (LAO 0826187)
Regular
Nov 30, 2015

KENNETH WEBB vs. AMERICAN PLUMBING, STATE COMPENSATION INSURANCE FUND

This case involves a lien claimant's petition for reconsideration after its $12,772.99 lien was dismissed by the WCJ for failing to appear at a trial. The lien claimant argued the non-appearance was due to a calendaring conflict, though the WCJ initially found no objection was filed. The Appeals Board granted reconsideration, rescinded the dismissal, and returned the matter to the trial level. This was based on the WCJ's protracted delay in dismissing the lien, the failure to address the lien claimant's objection to the dismissal notice, and the defendant's procedural defect in seeking dismissal for lack of prosecution.

Del Carmen Medical CenterPetition for ReconsiderationOrder Dismissing LienNotice of Intention to DismissAppeals Board Rule 10562Order Approving Compromise and ReleaseWCJlien trialNotice of HearingDeclaration of Readiness to Proceed
References
Case No. ADJ16334598
Regular
Oct 13, 2025

ANTHONY REYES vs. XPO LOGISTICS SUPPLY CHAIN, INC.; EVEREST NATIONAL INSURANCE

Applicant Anthony Reyes filed a petition for removal challenging an order by the workers' compensation administrative law judge (WCJ) that took the matter off calendar. The WCAB granted removal, determining that the WCJ's order violated the parties' right to due process by failing to create a record or explain the deferral of the additional panels issue, thus constituting irreparable harm. As a Decision After Removal, the Appeals Board rescinded the April 24, 2025, order taking the matter off calendar and returned the case to the trial level to establish a proper record. The Board explicitly stated it made no judgment on the merits of additional panels at this stage due to the lack of a formal record.

Petition for RemovalOrder Taking Matter Off CalendarAdditional PanelsDue Process ViolationIrreparable HarmSubstantial PrejudiceRecord CreationTrial LevelWorkers' Compensation Appeals BoardRescind Order
References
Case No. ADJ2061639 (VNO 0553366) ADJ4481677 (VNO 0553364)
Regular
Sep 25, 2013

ARACELY MENJIVAR vs. NESTLE USA, INC., AMERICAN HOME ASSURANCE CO.

Here's a summary of the case for a lawyer, in four sentences: The Appeals Board granted the defendant's Petition for Removal, rescinding the WCJ's orders to take the matters off calendar for medical record development prior to trial. The Board found the WCJ prematurely ordered record development without first establishing deficiencies in existing medical opinions after evidence admission. Consequently, the cases are returned to the trial level for proper trial proceedings. The Board denied the defendant's request to remove the WCJ, as it failed to meet statutory disqualification requirements.

Petition for RemovalOff CalendarMedical Record DevelopmentThreshold MatterDeficient Medical OpinionsTrial LevelDisqualification of WCJSection 5311WCAB Rule 10452Affidavit/Declaration
References
Case No. ADJ7671523
Regular
Oct 15, 2018

ALFONSO MUNGUIA vs. SBR ROOFING, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed a lien claimant's petition for reconsideration as untimely and not from a final order. However, the WCAB granted the lien claimant's petition for removal, finding that the WCJ's order disallowing the listing of all issues and arguments on the Pre-Trial Conference Statement caused significant prejudice. The WCAB rescinded the WCJ's minute order and returned the matter to the trial level for further proceedings. The claimant's industrial injury case had already been resolved by a Compromise and Release.

WCABPetition for ReconsiderationPetition for RemovalLien ClaimantPre-Trial Conference StatementWCJMinute Orderuntimely petitionfinal ordersubstantive right
References
Case No. ADJ2785097 (LAO 0781834)
Regular
Aug 23, 2010

TOMAS MOYOTL vs. C&D AEROSPACE, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION by INTERCARE INSURANCE SERVICE on behalf of HIH INSURANCE COMPANY, in liquidation

Defendant C&D Aerospace petitioned for removal after the WCJ set the case for trial without ruling on outstanding discovery disputes. The disputes involve compelling further deposition of the applicant and his wife (a lien claimant for home health care) and requiring the applicant to meet with defendant's home health expert. The Appeals Board granted removal, rescinded the trial setting order, and returned the matter to the trial level for a status conference to resolve discovery issues. This ensures the defendant can obtain necessary discovery before the case proceeds to trial, preventing potential prejudice.

Workers' Compensation Appeals BoardPetition for RemovalRescind OrderCompel Further DepositionLien ClaimantHome Health CareIndustrial InjuryPermanent DisabilityPre-trial DiscoveryPetition to Compel
References
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