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

Case No. VNO 0486618 VNO 0486619
Regular
Feb 05, 2008

GRISELDA LEYVA vs. HEALTHCARE SERVICES GROUP, INC., ZURICH AMERICAN INSURANCE

The Workers' Compensation Appeals Board dismissed a lien claimant's petition for reconsideration because it sought review of an interlocutory procedural order, not a final decision. The order in question voided a conditional payment order for a lien claim due to apparent service and filing issues. The Board noted that the lien claimant's rights can still be addressed at a scheduled hearing or through a subsequent filing.

Lien claimantPetition for ReconsiderationOrder VoidingConditional Order to Pay Lien ClaimDue ProcessOfficial Address RecordInterlocutory Procedural OrdersFinal OrderSubstantive RightLiability
References
Case No. ADJ8149506
Regular
Jul 19, 2017

MARTHA BELTRAN vs. KIMCO STAFFING/KIMSTAFF HR, SEDGWICK CMS

Here's a concise summary for a lawyer: A Petition for Reconsideration was filed by a lien claimant on June 9, 2017, challenging Findings and Orders issued on May 15, 2017. The Workers' Compensation Judge (WCJ) issued an order rescinding those Findings and Orders on June 26, 2017. However, this rescission occurred 16 days after the petition, exceeding the 15-day limit under Rule 10859, rendering the rescission order void. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to affirm the WCJ's intent, validating the rescinded Findings and Orders.

WCABPetition for ReconsiderationOrder RescindingFindings and OrdersAdministrative Law JudgeLien ClaimantVoid OrderAffirm OrderKimco StaffingSedgwick CMS
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. ADJ2877775 (AHM 0119600)
Regular
Dec 02, 2008

ARTURO BIVIANO vs. NATIONAL STORES, ARGONAUT INSURANCE

The Appeals Board granted reconsideration, rescinding the prior order dismissing the lien of Center for Pain Control. This dismissal was deemed void because the lien claimant never received proper notice of the order as required by regulation. Therefore, the case is returned to the trial level for further proceedings and a new decision on the lien claim.

Petition for ReconsiderationOrder Dismissing LienLien ClaimantService of ProcessDefective ServiceVoid OrderReturn to Trial LevelHearing on the MeritsRescinded OrderDecision After Reconsideration
References
Case No. ADJ8050106 ADJ9468937 ADJ9154032
Regular
Nov 03, 2018

ANTONIO VAZQUEZ vs. CARSON TRAILERS, AMTRUST NORTH AMERICA

The Appeals Board dismissed the petition for reconsideration because it was taken from an interlocutory procedural order, not a final decision. The Board also denied the petition for removal, finding no substantial prejudice or irreparable harm, and that reconsideration would be an adequate remedy if a final decision issues. The order pertains to multiple cases involving Antonio Vazquez and Carson Trailers. The WCJ's order directing the use of a specific bill reviewer was deemed an evidentiary/procedural matter.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFinal OrderInterlocutory OrderEvidentiary OrderProcedural OrderSubstantive RightThreshold IssueExtraordinary Remedy
References
Case No. ADJ 6962762, ADJ4127525 (SBR 0330147), ADJ9551358
Regular
Feb 19, 2016

HARMEET KAUR vs. UNIVERSITY OF CALIFORNIA, DAVIS

The applicant filed two petitions challenging orders compelling attendance at a deposition and a PQME. The Appeals Board dismissed the first petition as it sought reconsideration of a non-final order. The Board then granted removal on the second petition, setting aside the order compelling the PQME attendance due to potential prejudice from an alleged agreed medical evaluation. Reconsideration was denied for both petitions as they addressed interlocutory matters.

WCABPetition for ReconsiderationPetition for RemovalOrder Compelling DepositionOrder Compelling PQMEWCJAgreed Medical Evaluation (AME)Interlocutory OrderFinal OrderRule 10859
References
Case No. SAU8840977
Regular
Nov 03, 2025

ERIC BRAGER vs. RKL TECHNOLOGIES, CENTER FOR BETTER HEALTH dba SOUTHLAND SPINE AND REHABILITATION

Liaison counsel for insurance carriers sought reconsideration or removal of a Discovery Order issued by a workers' compensation administrative law judge (WCJ) on August 1, 2025, which voided prior orders and mandated refiling of documents. The carriers argued lack of jurisdiction, insufficient evidence, and violation of due process, while a lien claimant opposed, asserting the judge was disqualified. The Workers' Compensation Appeals Board denied reconsideration, finding the Discovery Order was not a final order, but granted removal, concluding the order violated due process due to lack of notice and a fair hearing. Consequently, the Appeals Board rescinded the Discovery Order and returned the matter for further proceedings to properly adjudicate the allegations against the prior WCJ's orders.

Workers Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalDiscovery OrderVoiding Prior OrdersDisqualification of JudgeDue ProcessFair HearingLabor Code Section 5909Labor Code Section 5313
References
Case No. ADJ9274305
Regular
Dec 15, 2014

SALVADOR REYES vs. AVP&H A CALIFORNIA CORPORATION, MEADOWBROOK INSURANCE GROUP

The Workers' Compensation Appeals Board dismissed Salvador Reyes's Petition for Reconsideration because it was filed against an interlocutory order, not a final decision. The Petition for Removal was dismissed as moot, as the underlying issue regarding a specific Qualified Medical Examiner appeared to be resolved. Both petitions were denied as they did not address substantive rights or liabilities. The order reflects standard practice for non-final and moot petitions.

Petition for ReconsiderationPetition for RemovalFinal OrderInterlocutory OrderSubstantive RightLiabilityMootnessQMEOrder to CompelMeet and Confer
References
Case No. LBO 0384614
Regular
Jan 23, 2008

CAROLINA SALES vs. ROSS STORES, INC. and XL SPECIALTY INSURANCE, MJO STAFFING and AMERICAN HOME ASSURANCE

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration of an order vacating a Compromise and Release (C&R). The Board then granted reconsideration on its own motion to rescind the original C&R approval. This action affirmed the WCJ's decision to vacate the C&R, effectively returning the parties to their pre-settlement status, due to the applicant's expressed confusion and potential lack of full understanding of the agreement's terms.

Compromise and ReleasePetition for ReconsiderationOrder VacatingFinal OrderLabor Code Section 5900Good CauseUnverified PetitionIndustrial InjuryApplicant's UnderstandingWCJ Discretion
References
Case No. ADJ9120917, ADJ6899995
Regular
Sep 16, 2016

RICK STEIN vs. CITY OF HUNTINGTON BEACH

The WCAB dismissed the defendant's petition for reconsideration because the WCJ's order vacating a prior order approving a compromise and release was not a final order. The Board granted the defendant's petition for removal to amend the vacating order, specifying the matter should be set for a status conference. This action was taken under WCAB Rule 10859, allowing the WCJ to rescind an order and conduct further proceedings within 30 days. The case is returned to the WCJ to determine if good cause exists to set aside the compromise and release.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalCompromise and ReleaseOrder Approving Compromise and ReleaseOrder Vacating Order Approving Compromise and ReleaseWCJLabor Code Section 132(a)Cumulative Trauma InjuryLeft Knee Injury
References
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