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

Case No. ADJ16819535
Regular
Feb 21, 2025

VINCENT OWENS vs. CITY OF RICHMOND, ACCLAMATION INSURANCE MANAGEMENT SERVICES

Applicant Vincent Owens, an equipment operator for the City of Richmond, sustained an industrial injury of valley fever. The Workers' Compensation Administrative Law Judge (WCJ) issued Findings and Award (F&A) on November 1, 2024, finding temporary disability and need for medical treatment. Defendant petitioned for reconsideration, arguing the WCJ failed to determine if applicant would have retired before October 24, 2023, and erroneously relied on a medical report obtained after discovery closure. The Appeals Board granted the petition, rescinded the F&A, and returned the matter to the trial level for further proceedings to allow defendant due process regarding the challenged medical report.

Workers' Compensation Appeals BoardVincent OwensCity of RichmondAcclamation Insurance Management ServicesADJ16819535Valley FeverCoccidioidomycosisTemporary DisabilityTemporary Total DisabilityPermanent and Stationary
References
Case No. ADJ4306207 (LBO 0384563)
Regular
Jul 20, 2015

Sergio Mancilla vs. Owens Brockway

Defendant Owens Brockway sought reconsideration to set aside a Stipulations with Request for Award, arguing a factual error in the amount of permanent disability paid to date used for credit calculation. The Workers' Compensation Appeals Board (WCAB) denied this petition. The WCAB adopted and incorporated the Workers' Compensation Judge's report, which recommended denial. Therefore, the award previously approved remains in effect.

Workers' Compensation Appeals BoardPetition for ReconsiderationStipulations with Request for AwardPermanent DisabilityCreditAwardWorkers' Compensation JudgePetition to ReopenSelf-insuredGallagher Bassett
References
Case No. ADJ9918511
Regular
Feb 23, 2016

VINCENT SARDELLA vs. ORANGE COUNTY SANITATION DISTRICT

The Workers' Compensation Appeals Board denied Vincent Sardella's Petition for Reconsideration. This decision upholds the findings of the Workers' Compensation Administrative Law Judge (WCJ). The Board gave great weight to the WCJ's credibility determination, which was based on observing the witness's demeanor. No substantial evidence was presented to overturn the WCJ's ruling.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportcredibility determinationGarza v. Workmen's Comp. Appeals Bd.Orange County Sanitation DistrictVINCENT SARDELLAadministrative law judgesubstantialitydeny reconsideration
References
Case No. OAK 0340283
Regular
Jan 09, 2008

ROBERT KLINE vs. STEVEN OWENS, AIG CLAIMS

The Workers' Compensation Appeals Board granted reconsideration of an Order Approving Compromise and Release because a child support lien for $\$7,996.76$ was not resolved despite being filed before the settlement. Although the lien claimant's petition for reconsideration was deemed untimely, the Board treated a timely letter from the claims adjuster as a petition for reconsideration. The original order approving the settlement was rescinded and the case was returned to the trial level for further proceedings to address the outstanding lien.

Workers' Compensation Appeals BoardRobert KlineSteven OwensAIG ClaimsOAK 0340283Opinion and Order Granting ReconsiderationDecision After ReconsiderationLien ClaimantDepartment of Child Support ServicesCompromise and Release
References
Case No. ADJ2496388 (AHM 0127594)
Regular
Nov 02, 2009

Janie Stuart vs. OWENS ILLINOIS; Permissibly SelfInsured, Administered by GALLAGHER BASSETT

Attorney's fees and costs granted to Janie Stuart's attorney, Ullasini Joy Dholakia, in the amount of $2,100.00 and $116.20 respectively.

Workers' Compensation Appeals BoardLabor Code Section 5801Supplemental Attorney's FeesPetition for Writ of ReviewReasonable Attorney's FeesCostsOwens IllinoisGallagher BassettUllasini Joy DholakiaDholakia & Associates
References
Case No. ADJ1054155 (LAO 0854446) ADJ1247741 (LAO 0854447) ADJ1895803 (LAO 0854448)
Regular
May 03, 2011

HIRITI OKUAMICHAEL vs. PAUL OWENS SHOES INC., STATE FARM FIRE AND CASUALTY COMPANY, STATE COMPENSATION INSURANCE FUND

This amended order clarifies that the Workers' Compensation Appeals Board has granted the applicant's petition for reconsideration of the February 8, 2011 Findings and Awards. This reconsideration aims to allow the Board to thoroughly study the factual and legal issues, including those to be raised in the applicant's supplemental petition. The applicant's request to file a supplemental petition has also been granted and reaffirmed. All future communications regarding these cases should be directed to the Office of the Commissioners of the WCAB.

Supplemental PetitionReconsiderationAppeals Board Rule 10848Findings and AwardsDecision After ReconsiderationOffice of the CommissionersWCABADJ1054155ADJ1247741ADJ1895803
References
Case No. ADJ7048509, ADJ7099409
Regular
Aug 16, 2018

LATASHIA VINCENT vs. WELLS FARGO BANK, SEDGWICK

The Workers' Compensation Appeals Board (WCAB) denied the Petition for Removal filed by Latashia Vincent. The WCAB found that supplemental pleadings filed by the applicant were not considered as they were submitted without authorization. Removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which was not demonstrated here. The WCAB also admonished the applicant's counsel for improper ex parte communications and causing unnecessary delays.

Petition for RemovalSupplemental PleadingsExtraordinary RemedySubstantial PrejudiceIrreparable HarmReconsiderationEx Parte CommunicationsWCJ ReportAppeals BoardDenial of Removal
References
Case No. ADJ3131839 (LBO 0826068)
Regular
Jul 23, 2013

VINCENT JONES vs. INSPERITY, ADMINISTAFF, PLASTOPAN INDUSTRIES, LUMBERMAN'S INSURANCE

The Appeals Board granted reconsideration to review the WCJ's award of retroactive vocational rehabilitation benefits (VRTD) to applicant Vincent Jones. The Board agreed that the Rehabilitation Unit's determination was valid and enforceable, correcting a clerical error in the liability start date. However, the Board rescinded the VRTD rate and earnings determination, remanding these issues to the trial level for further proceedings consistent with a wage-loss calculation approach as established in *Gamble*.

Petition for ReconsiderationFindings and AwardRehabilitation UnitVocational Rehabilitation BenefitsRetroactive BenefitsDelay RateOrder Approving Compromise and ReleaseThomas FindingAOE/COEInchoate Benefits
References
Case No. ADJ20331276, ADJ20331280
Regular
Sep 24, 2025

BRITNEY OWENS vs. CVS PHARMACY, ACE AMERICAN INSURANCE COMPANY

Applicant Britney Owens filed a petition for removal challenging an order setting the matter for trial, arguing that discovery was incomplete. The Workers' Compensation Appeals Board (WCAB) denied the petition, affirming that removal is an extraordinary remedy and finding no evidence of substantial prejudice or irreparable harm. The Board emphasized that parties would have ample opportunity at trial to develop the record and present evidence, including on the appropriateness of further discovery. Additionally, the Board observed that if the defendant lacks evidence to establish the date of injury, they proceed at their own peril concerning the post-termination defense.

Petition for RemovalPost-termination defenseBifurcated trialDiscovery completenessSubstantial prejudiceIrreparable harmReconsideration remedyAdmitted evidenceSubstantial evidenceDevelop the record
References
Case No. ADJ8155609
Regular
Feb 12, 2015

VINCENT LEWIS vs. NTS INC.; OLD REPUBLIC, Administered by GALLAGHER BASSETT SERVICES

The Workers' Compensation Appeals Board (WCAB) rescinded the Administrative Law Judge's (ALJ) decision, finding that applicant Vincent Lewis did not sustain injury arising out of and occurring in the course of employment (AOE/COE). The WCAB determined that applicant's testimony was not credible due to numerous inconsistencies regarding the mechanism and date of injury, as well as prior incidents and claims. Furthermore, the WCAB found the applicant's treating physician's report to be unsubstantial due to internal contradictions and missing information. Consequently, the WCAB ordered that the applicant take nothing further by way of his claim.

AOE/COESubstantial EvidenceCredibilityInconsistent TestimonyMedical ReportBurden of ProofReconsiderationWCJ DecisionRescindWorkers' Compensation Appeals Board
References
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