CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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

Case No. ADJ481937 (RIV 0081478)
Regular
Mar 08, 2018

JERRY OLVERA vs. CEMENT UNLIMITED, IMPERIUM INSURANCE COMPANY, ATHENS ADMINISTRATORS

In Olvera v. Cement Unlimited, the Workers' Compensation Appeals Board dismissed a petition for reconsideration because it was untimely filed. The petition was electronically filed one day after the jurisdictional deadline of January 23, 2018, as the Order Dismissing Lien was served by mail on December 29, 2017. The Board reiterated that the filing deadline is jurisdictional and requires actual receipt of the petition, not just proof of mailing. Therefore, the Appeals Board lacked the authority to consider the merits of the petition.

Petition for ReconsiderationUntimely FilingJurisdictional Time LimitWorkers' Compensation Appeals BoardAdministrative Law JudgeService by MailProof of FilingElectronic FilingOrder Dismissing LienMaranian v. Workers' Comp. Appeals Bd.
References
Case No. ADJ8438087
Regular
Feb 24, 2017

CONSUELO ACEVEDO vs. SYSTEM SOLDING USA, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration, amending a prior decision to find that Tri-City Health Group's lien was timely filed. The Board affirmed the finding that Komberg Chiropractic's lien was barred by the statute of limitations due to late filing on December 29, 2015, when services ended December 28, 2012. However, Tri-City Health Group's lien, filed electronically on March 21, 2016, was deemed timely, as the deadline of March 19, 2016, fell on a weekend and the next business day was utilized. The matter is returned to the trial level for further proceedings regarding Tri-City Health Group's lien.

Workers' Compensation Appeals BoardLien ClaimantsStatute of LimitationsPetition for ReconsiderationFindings and OrderLabor Code Section 4903.5EAMSElectronic FilingBusiness DayTimely Filed
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. ADJ7020366
Regular
Aug 22, 2013

OCTAVIO GONZALEZ vs. BODEGA LATHE CORPORATION, PACIFIC COMP INSURANCE

The Workers' Compensation Appeals Board dismissed Octavio Gonzalez's petition for reconsideration because it was untimely filed. The petition was submitted more than 25 days after the administrative law judge's decision, exceeding the 20-day statutory limit, which can be extended by five days for mail. Because the deadline for filing a petition for reconsideration is jurisdictional, the Board lacked the authority to consider it. Had the petition been timely, it would have been denied on the merits as well.

Workers' Compensation Appeals BoardPetition for ReconsiderationUntimely filingJurisdictional time limitLabor Code section 5903Administrative Law JudgeWCJ's Report and RecommendationMaranian v. Workers' Comp. Appeals Bd.Rymer v. HaglerScott v. Workers' Comp. Appeals Bd.
References
Case No. ADJ982538 (SAC 0225494)
Regular
Jun 09, 2009

GARY SEABROOKS vs. BFI MEDICAL WASTE SYSTEMS, RISK SERVICES

The Workers' Compensation Appeals Board (WCAB) dismissed applicant Gary Seabrooks' numerous petitions because they were filed without a corresponding final determination. The WCAB removed the case on its own motion to address Seabrooks' pattern of repeatedly filing unmeritorious and harassing documents, which has consumed significant board resources. Consequently, the WCAB has issued a notice of intention to declare Seabrooks a vexatious litigant and impose a prefiling order, restricting his ability to file future documents without prior leave. This action is intended to prevent further abuse of the workers' compensation system and allow for the expeditious resolution of other parties' cases.

Vexatious litigantpropria personapetitions for reconsiderationdismissalremovalnotice of intentionRule 10782Labor Code section 5310unmeritorious petitionsharassment
References
Case No. MON 0279679
Regular
Jun 26, 2008

EILEEN HALPERN vs. THE HERTZ CORPORATION, CAMBRIDGE INTEGRATED SERVICES, INC.

The Workers' Compensation Appeals Board denied Hertz Corporation's request to reconsider its dismissal of Hertz's petition for reconsideration. The Board found that Hertz's petition was untimely because it was filed with the San Francisco district office, rather than directly with the Appeals Board itself, as required by Rule 10840 for decisions issued by the Board. Even if the petition had been lodged with the district office on the filing deadline, it was not received by the Appeals Board itself within the statutory timeframe.

Workers' Compensation Appeals BoardPetition for reconsiderationUntimely filingWCAB Rule 10840District office filingAppeals Board filingMandatory and jurisdictionalReconsideration on Board motionLabor CodeCode of Civil Procedure
References
Case No. ADJ1990332 (OAK 0251897) ADJ332563 (OAK 0262649) ADJ2879880 (OAK 0263586) ADJ4303903 (OAK 0264811)
Regular
Nov 09, 2009

TERRY D. BROWN vs. PORT OF OAKLAND

The Appeals Board declared Terry Brown a vexatious litigant due to repeatedly filing unmeritorious papers attempting to relitigate previously determined issues. A prefiling order was implemented requiring review of his future filings.

Vexatious litigantRemovalAppeals BoardRule 10782Prefiling orderIn propria personaUnmeritorious petitionsConditional filingPresiding WCJGood cause
References
Case No. ADJ9828813 ADJ9828571
Regular
Apr 02, 2020

ERIC LIFE vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

This case involves applicant Eric Life's petition to disqualify the Workers' Compensation Administrative Law Judge (WCJ). The Appeals Board dismissed the petition because the applicant failed to properly serve the opposing parties and lacked a proof of service. Even if properly filed, the petition lacked specific factual allegations required to demonstrate bias or an unqualified opinion by the WCJ. The Board also warned the applicant of potential vexatious litigant proceedings for repetitive and unmeritorious filings.

Petition for DisqualificationWCJ RecusalLabor Code Section 5311WCAB Rule 10510Proof of ServiceCode of Civil Procedure Section 641Vexatious LitigantPropria PersonaUnmeritorious FilingsDismissal Order
References
Case No. ADJ6961731, ADJ6959844, ADJ6959868
Regular
May 03, 2019

ANTONIO ROMERO vs. MEXICAN AMERICAN OPPORTUNITY FOUNDATION, EVEREST NATIONAL INSURANCE COMPANY, GALLAGHER BASSETT, IMPERIUM INSURANCE COMPANY, ATHENS ADMINISTRATORS, PMAIC, AMERICAN CLAIMS MANAGEMENT

The Workers' Compensation Appeals Board (WCAB) dismissed Antonio Romero's Petition for Reconsideration as untimely. The petition was filed one day after the jurisdictional deadline of March 4, 2019. California law requires petitions for reconsideration to be *received* by the WCAB within the statutory period, not just mailed. Since the petition was not received within the allowed time, the WCAB lacked the authority to consider its merits.

Workers' Compensation Appeals BoardPetition for ReconsiderationUntimely FilingDismissalAdministrative Law JudgeLabor CodeCalifornia Code of RegulationsJurisdictionalJoint FindingsDate of Filing
References
Case No. ADJ10875673
Regular
Mar 18, 2019

JOSEPH PIZARRO vs. TRILLIUM STAFFING SOLUTIONS, XL SPECIALTY INSURANCE c/o CORVEL

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Reconsideration because it was filed untimely. The deadline to file was December 11, 2018, but the petition was not filed until January 17, 2019. The Appeals Board lacks jurisdiction to consider petitions filed outside the statutorily mandated time limits. The applicant remained represented by counsel of record throughout the process.

Petition for ReconsiderationUntimely FilingDismissalJurisdictional Time LimitWorkers' Compensation Appeals BoardAdministrative Law JudgeFindings and OrderService by MailFiling RequirementsLegal Timeliness
References
Showing 1-10 of 4,021 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational