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

Case No. ADJ7339980
Regular
Dec 24, 2014

EDITH GALVEZ vs. HANFORD HOTELS, LLC, AMERICAN HOME ASSURANCE, HELMSMAN

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration due to a failure to meet the verification requirements of Labor Code section 5902. Specifically, the petition and its attached verifications were either unsigned or defective, preventing the Board from confirming proper execution. Even if the petition had been properly verified, the WCAB would have denied it on the merits based on the administrative law judge's report.

Petition for ReconsiderationVerificationLabor Code Section 5902DismissalWorkers' Compensation Appeals BoardWCJHanford HotelsLLCAmerican Home AssuranceHelmsman
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. ADJ7288432
Regular
Dec 06, 2016

CLIAS ALBARRAN NAVARRETE vs. THE MERCHANT OF TENNIS, BERKSHIRE HATHAWAY

The Workers' Compensation Appeals Board (WCAB) dismissed petitions for reconsideration filed by three lien claimants. The petitions were dismissed because they were untimely, filed beyond the statutory 25-day deadline after the WCJ's decision was served. Additionally, the petitions failed to meet the verification requirement mandated by Labor Code section 5902. The WCAB found no evidence of defective service and the lien claimants did not cure the verification defect within a reasonable time after notice.

Petitions for ReconsiderationUntimely FilingUnverified PetitionJurisdictional DefectTollingVerification RequirementLabor Code Section 5902WCJ's ReportOfficial Address RecordLien Claimants
References
Case No. MON 0114910
Regular
Oct 02, 2007

TEDDIE GRIFFIN vs. STATE OF CALIFORNIA, DEPARTMENT OF SOCIAL SERVICES - IHSS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed the lien claimants' Petition for Reconsideration because it was not verified as required by Labor Code section 5902. The Board noted that even after the WCJ pointed out the defect, the lien claimants failed to cure the lack of verification. Therefore, the petition was dismissed for failure to comply with the statutory verification requirement.

LachesLabor Code section 4903.5PrejudiceLien claimantsCalifornia Psychiatric CenterNeuro-Electro DiagnosticPetition for ReconsiderationVerificationLabor Code section 5902Dismissal
References
Case No. ADJ1537159 (POM 0266229) ADJ3643803 (POM 0295243)
Regular
Oct 20, 2017

PETRA PAZOS vs. XEROX CORPORATION, INC., CONTINENTAL CASUALTY COMPANY

Defendant Continental Casualty Company's petition for reconsideration of the Workers' Compensation Appeals Board's (WCAB) award requiring contribution to ACE/USA for medical expenses was denied. The WCAB found the petition lacked the required verification and was not properly served on the arbitrator. Even if the petition had merit, it would have been dismissed due to the procedural defect of lack of verification. The WCAB also admonished the defendant for improperly attaching evidence to their filing.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardContributionMedical ExpensesLabor Code Section 5500.5ReimbursementArbitrator's Fee ForfeitureVerificationLabor Code Section 5902
References
Case No. MON 0317766
Regular
May 08, 2007

ROSA DIAZ vs. GOLDEN STATE WEST VALLEY CONVALESCENT HOSPITAL, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration because it was filed seven days late. The petition also lacked the required verification and did not adequately explain the legal basis for the requested relief. Therefore, the defendant's arguments regarding the lien settlement were not considered.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationStipulation and Orderlien claimantMagnolia Park ChiropracticState Compensation Insurance Funduntimely petitiondismissalstatutory periodverification requirement
References
Case No. ADJ3724175 (LBO 0309160)
Regular
Oct 10, 2008

Trudy Rabb vs. FEDERATED DEPARTMENT STORES; Permissibly Self-Insured/FEDERATED CLAIMS SERVICE

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration because the Minute Order denying a motion to quash a deposition is not a final order subject to reconsideration. The petition was also dismissed for failing to meet the statutory verification requirement. The Board denied the applicant's petition for removal, finding no evidence of irreparable harm or significant prejudice that would justify this extraordinary remedy.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalMotion to QuashAgreed Medical ExaminerTemporary DisabilityUnverified PetitionFinal OrderProcedural OrderSubstantive Right
References
Case No. ADJ10572792
Regular
Nov 30, 2018

JOHNNY MORAGA vs. CHAFFEY COMMUNITY COLLEGE, YORK RISK SERVICES GROUP

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration because it was filed untimely, over ten months after the WCJ's Order Approving Compromise and Release was personally served on November 2, 2017. Furthermore, the petition lacked the required verification under Labor Code section 5902, and the applicant failed to cure this defect after notice. The WCAB also noted that the petition would have been denied on the merits if not for the procedural defects.

Petition for ReconsiderationTimelinessPersonal ServiceLabor Code 5900Labor Code 5903WCAB Rule 10507WCAB Rule 10508Jurisdictional Time LimitVerification RequirementLabor Code 5902
References
Case No. ADJ9417204
Regular
Oct 05, 2018

SILVANA BEDROSSIAN vs. GLENDALE UNIFIED SCHOOL DISTRICT, YORK RISK SERVICES GROUP, INC.

The Workers' Compensation Appeals Board denied the Petition for Reconsideration because it was unverified and the petitioner failed to cure this defect after notice. The Board adopted the WCJ's report, which found no compelling reason for the lack of verification and that the petitioner did not act with diligence. Furthermore, the petitioner failed to demonstrate excusable neglect for not filing a required declaration and did not seek relief under Code of Civil Procedure section 473. Although the Board did not condone the petitioner's behavior, sanctions were not deemed warranted at this time.

Petition for ReconsiderationLack of VerificationLabor Code Section 5902Lucena v. Diablo Auto BodyCal. Code Regs. tit. 8 § 10450(e)WCJ ReportCode of Civil Procedure Section 473Excusable NeglectLien ClaimantDeclaration Requirement
References
Case No. ADJ11045133 ADJ11046176
Regular
Dec 30, 2019

JOHN QUIROGA vs. AK HVAC, NORGUARD INSURANCE COMPANY

The Workers' Compensation Appeals Board denied a lien claimant's petition for reconsideration of a prior dismissal order. The initial dismissal was based on the lien claimant's failure to verify its August 28, 2019, Petition for Reconsideration. Despite the lien claimant's subsequent attempt to submit a verified response and claim ignorance of the verification requirement, the Board found no legal basis for relief. As the underlying petition was dismissed, the Board did not address the lien claimant's substantive claim for reimbursement.

Lien claimantPetition for ReconsiderationVerification defectUnverified petitionDismissalTimelinessMedical-legal evaluationWCABWCJObjection and Response
References
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