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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. 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. ADJ8327776
Regular
Oct 18, 2012

PATRICK CURTIS BUDGE vs. WIGHTMAN ENTERPRISES, TOWER NATIONAL INSURANCE

The Workers' Compensation Appeals Board denied Patrick Curtis Budge's Petition for Removal. The Board found no showing of substantial prejudice or irreparable injury that would warrant granting this extraordinary remedy. While the WCJ initially recommended dismissal for lack of verification, the applicant subsequently provided the necessary filing. Therefore, the petition was denied.

Petition for RemovalWorkers' Compensation Appeals BoardRemoval deniedSubstantial prejudiceIrreparable injuryWCJ reportLack of verificationVerification filedAdministrative law judgeExtraordinary remedy
References
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. 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. ADJ4085752 (OAK 0339695)
Regular
Mar 16, 2009

DAPHNE LIPTON vs. OFFICE TEAM and INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, Administered By AIG CLAIMS SERVICES, AEROSOLES, KELLY TEMPORARY SERVICES

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration and removal as untimely filed. The applicant failed to file within the statutory 20-day period after receiving the WCJ's decisions. Furthermore, the petition lacked required verification and did not demonstrate substantial prejudice or irreparable harm, both grounds for dismissal. The Board noted that the applicant's purported appeals concerned decisions that either favored her or were not final orders.

ReconsiderationRemovalPetition for ReconsiderationPetition for RemovalUntimely FilingDismissalDiscovery CooperationDepositionCumulative InjurySpecific Injury
References
Case No. ADJ8452616
Regular
Sep 11, 2012

GUILLERMO SANDOVAL DE LA CRUZ vs. DMS FACILITY SERVICES, ZURICH NORTH AMERICA

This case concerns a Petition for Reconsideration filed by a lien claimant, Tri-County Medical Group, challenging an arbitrator's disallowance of its liens. The Appeals Board dismissed the petition because it was not timely filed with the Board and was instead mailed to the arbitrator. Furthermore, the Board noted the petition lacked proper verification and the proof of service was defective. Even if timely, the Board would have denied the petition on its merits due to insufficient evidence presented by the lien claimant.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationDisallowed LiensMedical Provider Network (MPN)Arbitrator's FindingsTimely FilingJurisdictionRule 10865Proof of Service
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. ADJ2118952
Regular
Aug 04, 2009

IRENE LOPEZ vs. NEW BREED, LIBERTY MUTUAL INSURANCE COMPANY

This case involves a lien claimant's petition for reconsideration of an order dismissing their lien. The Workers' Compensation Appeals Board (WCAB) dismissed the petition as untimely, filed 34 days after the order, exceeding the 20-day statutory limit plus mailing extensions. Additionally, the petition was unverified and skeletal, violating Labor Code requirements. As a result, the WCAB lacked jurisdiction and dismissed the petition.

Workers Compensation Appeals BoardPetition for ReconsiderationUntimely FilingLien ClaimantLabor Code Section 5903JurisdictionOrder of DismissalVerificationSkeletal PetitionWCAB Rule 10507
References
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