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

Case No. ADJ10298988
Regular
Jan 31, 2018

BRIAN BERRY vs. HOSPICE OF THE FOOTHILLS, ALPHA FUND

The Appeals Board rescinded the prior decision and returned the case to the trial level for further proceedings. The Board found that the record was insufficient to determine if the applicant voluntarily retired or was constructively terminated from his employment. Further development of evidence is needed to establish whether the applicant intended to permanently leave the labor force or if his industrial injury prevented him from continuing to work. This determination is crucial for assessing his entitlement to additional temporary disability benefits and potentially permanent disability benefits.

Workers' Compensation Appeals Boardindustrial injuryright shouldertemporary disability indemnityvoluntarily retiredlabor forcedue processself-representedadmission of evidenceexclusion of evidence
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. ADJ8583264, ADJ8583294
Regular
Aug 01, 2019

MARICELA MACEDO vs. KINGSBURG APPLE PACKERS, INC., ZENITH INSURANCE

Here's a concise summary for a lawyer: The Workers' Compensation Appeals Board denied a lien claimant's petition to disqualify the judge. The claimant alleged bias based on the judge's statements regarding late-filed exhibits and a violation of due process for not admitting their trial exhibits. The Board found no evidence of an unqualified opinion or enmity sufficient for disqualification. Furthermore, the issue of exhibit admissibility was deemed premature as the judge had not yet made a decision.

Lien claimantDisqualificationWCJDue processTrial exhibitsPre-trial ordersEx parte communicationPetition for reconsiderationOrder vacating submissionLabor Code section 4622
References
Case No. ADJ7522823
Regular
Nov 21, 2016

JEFFREY GOTTLIEB vs. KITCHEN FOR EXPLORING FOODS, BERKSHIRE HATHAWAY SAN FRANCISCO

The Workers' Compensation Appeals Board granted reconsideration and admitted lien claimant's Exhibits 15 and 16, overturning their exclusion by the trial judge. The Board found the exhibits were listed with sufficient specificity to avoid substantial prejudice to the defendant. Consequently, the case is returned to the trial level for further proceedings, deferring the final determination of the liens for Southern California Mental Health and Hepps Prescription Pharmacy. This decision aims to achieve substantial justice and prioritize a hearing on the merits.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrdersPre-Trial Conference StatementLien ClaimantPrimary Treating PhysicianCompromise and ReleasePanel Qualified Medical EvaluatorSubstantial JusticeAdmitted Exhibits
References
Case No. ADJ8603938
Regular
Sep 18, 2015

MACARIO IGLESIAS vs. ABE EL PRODUCE, INSURANCE COMPANY OF THE WEST

Here's a summary of the case for a lawyer: The Workers' Compensation Appeals Board denied a lien claimant's petition for reconsideration, upholding the administrative law judge's exclusion of their exhibits. The exhibits were deemed untimely filed as they were received by the Board less than 20 days before trial, contrary to a pre-trial order. The Board confirmed that the relevant Appeals Board rule regarding filing dates had not been repealed and that the lien claimant failed to meet their burden of proof. A dissenting opinion argued the pre-trial order was potentially ambiguous and that the exhibits should have been admitted given timely service and no prejudice to the defendant.

Workers Compensation Appeals BoardLien claimantPetition for ReconsiderationFindings and OrderWorkers' Compensation Appeals Judge (WCJ)ExhibitsTimely filedRepealed ruleRule 10392Pre-trial conference
References
Case No. ADJ2123920 (SBR 0330534) ADJ4017300 (SBR 0331860)
Regular
Nov 05, 2010

JAVIER HERRERA vs. WICKES FURNITURE, SPECIALTY RISK SERVICES

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration because the WCJ's minute order continuing the lien trial was not a final order. The Board also denied the defendant's Petition for Removal, finding no substantial prejudice or irreparable harm. The defendant's arguments regarding evidence exclusion and delay are to be addressed at the rescheduled trial. The defendant remains able to object to exhibits and raise issues of sanctions with the WCJ.

Workers' Compensation Appeals BoardReconsiderationRemovalLien trialPre-trial conference statementRule 10629Final orderLabor Code section 5900Substantive rightsIrreparable harm
References
Case No. ADJ1410076
Regular
Jul 01, 2011

ROBERTO CERVANTES vs. HIJI BROS, INC., ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board denied a lien claimant's petition for reconsideration. The lien claimant sought reimbursement for interpreting services but failed to present any evidence beyond its own bill and lien at trial. The Board found that merely sending documents or listing exhibits does not equate to admission into evidence, and the claimant waived its issues by not raising them during the proceedings. Therefore, the lien was disallowed, and the defendant was awarded restitution for payments made to the lien claimant.

Lien ClaimantPetition for ReconsiderationFindings and OrderDisallowed LienRestitutionHearing RepresentativeMandatory Settlement ConferenceTrialExhibitBurden of Proof
References
Case No. ADJ2036926 (FRE 0233858) ADJ1097945 (FRE 0233859)
Regular
Sep 16, 2010

LINDLA PINI vs. COUNTY OF FRESNO, YORK INSURANCE SERVICES GROUP, INC.

The Workers' Compensation Appeals Board granted the defendant's petition for removal, rescinding the judge's order to take the cases off calendar. The judge had determined further medical evidence was needed before trial, but the Board found this premature, as no evidence had yet been admitted. The Board stated that the necessity of augmenting the medical record can only be established after trial or submission for decision, not beforehand. The cases were returned to the trial level to be set for trial, with the judge retaining the power to supplement the record if necessary post-trial.

removalrescinded orderoff calendarmedical record developmentAlmaraz/Guzmansubstantial medical evidencesupplemental reportAME depotrial exhibitsmandatory settlement conference
References
Case No. ADJ394613 (VNO 0530712) ADJ2266356 (VNO 0530710)
Regular
Apr 01, 2016

MARIA ESTRELLA vs. NATIONAL EXPRESS CORPORATION

The Workers' Compensation Appeals Board (WCAB) granted removal to a lien claimant after a judge excluded four exhibits. The WCAB found that two of the excluded exhibits, representing certifications and financial interest notifications, were sufficiently listed on the Pre-Trial Conference Statement. Therefore, the WCAB admitted these two exhibits into evidence, amending the judge's prior order. The remainder of the judge's order, excluding the other two exhibits, was affirmed.

Petition for RemovalLien ClaimantWorkers' Compensation Appeals BoardWCJExhibitsPrejudiceIrreparable HarmPre-Trial Conference StatementServiceNotification of Certification
References
Case No. ADJ2216957
Regular
Oct 15, 2009

DAMASO GALLARO RUIZ, DAMASO GALLARDO-RUIZ vs. HYATT CORPORATION, BROADSPIRE, INSURANCE COMPANY OF STATE OF PENNSYLVANIA

The WCAB denied the lien claimant's petition for reconsideration. The WCJ found that the lien claimant failed to meet their burden of proof because they did not produce any exhibits or testimony at trial, despite having been given the opportunity to present their case.

Lien claimantPetition for ReconsiderationWCJFindings and OrderEAMSex parte communicationdue processburden of proofexhibitstrial
References
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