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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. 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. ADJ15400555
Regular
Oct 10, 2025

MA LUISA OLIVARES vs. WINDSOR PALMS CARE CENTER, STARSTONE NATIONAL INSURANCE COMPANY, CANNON COCHRAN MANAGEMENT SERVICES, INC.

Defendant filed a petition for removal against a workers' compensation administrative law judge's (WCJ) orders from May 9, 2024, which took the matter off calendar and appeared to consolidate cases. The Appeals Board determined that the WCJ's orders, issued without creating a proper record or providing adequate notice for consolidation, constituted irreparable harm and violated the parties' right to due process. Consequently, the Board granted the petition for removal and rescinded the May 9, 2024 Minute Orders. The case was then returned to the trial level for further proceedings, emphasizing the necessity of creating a proper record to support any future orders.

Petition for RemovalOrder Taking Matter Off CalendarConsolidationDiscoveryDue Process ViolationIrreparable HarmSubstantial EvidenceRecord DevelopmentNotice and Opportunity to be HeardOrder of Consolidation
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. ADJ9170309
Regular
Nov 03, 2025

Miguel Mosqueda vs. City of Clearlake

Applicant Miguel Mosqueda sought reconsideration of a July 25, 2025 decision which found his injuries were not caused by the employer's serious and willful misconduct or violation of safety orders. Mosqueda, a maintenance worker, suffered catastrophic injuries, including paraplegia, after falling from a ladder while trimming a tree for the City of Clearlake. He contended that the employer violated several Cal. Code Regs., tit. 8 sections related to safety, training, and equipment. The Workers' Compensation Appeals Board, adopting the WCJ's report, denied the petition for reconsideration, concluding that the employer's actions did not constitute serious and willful misconduct and that no alleged safety violation was the proximate cause of the accident.

Serious and willful misconductPetition for reconsiderationFindings and OrderViolation of statuteViolation of safety orderCal. Code Regs. tit. 8 § 3203Cal. Code Regs. tit. 8 § 3276(d)(1)Cal. Code Regs. tit. 8 § 3276(e)(15)Cal. Code Regs. tit. 8 § 3421(b)Cal. Code Regs. tit. 8 § 3421(d)
References
Case No. ADJ18454068
Regular
Nov 06, 2025

JOHN COCHRAN JR. vs. THE WALT DISNEY COMPANY, KEYSTONE PAYING AGENT, INC., AMERICAN BROADCASTING COMPANIES, CHUBB INSURANCE

Applicant John Cochran Jr. filed a petition for removal challenging an order that took his case off calendar without a developed record. The Workers' Compensation Appeals Board found the order to violate due process and cause irreparable harm. Consequently, the Board granted the petition, rescinded the August 13, 2025 order, and returned the matter to the trial level to create a proper record. The Board emphasized that decisions must be based on admitted evidence and supported by substantial evidence.

Petition for RemovalOrder Taking Matter Off CalendarRescind OrderCreate RecordDue Process ViolationIrreparable HarmSubstantial PrejudiceSubstantial EvidenceComplete RecordAdmitted Evidence
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
Case No. ADJ4124248
Regular
Jan 16, 2018

MATEO BARDALES vs. SUPERIOR CONSTRUCTION, AMERICAN HOME ASSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of an order dismissing a lien claimant. The claimant argued due process was violated due to lack of notice. The Board found no proof of service for notices of hearing or intention to dismiss, supporting the claimant's position. Consequently, the dismissal order was rescinded, and the matter was returned for further proceedings.

Petition for ReconsiderationOrder Dismissing LienDue Process ViolationNotice of Intention to DismissProof of ServiceEAMSLien ConferenceWCJ OrderRescind OrderReturn to Trial Level
References
Case No. ADJ270028 (VNO 0373478)
Regular
Mar 12, 2012

LISA TOWNSEND vs. COUNTY OF LOS ANGELES

The Workers' Compensation Appeals Board dismissed the lien claimant's first Petition for Reconsideration as untimely and seeking review of a non-final order. The claimant's initial petition was filed after the deadline due to being received after 5 PM on the filing date. However, the Board granted reconsideration of the second petition concerning a contempt order and fine against the lien claimant's representative, to allow further review of the factual and legal issues. The Board also admonished the claimant for violating page limit and document attachment rules in their filings.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder RescindingOrder Allowing LienOrder of ContemptLien ClaimantWCJuntimely petitionnon-final orderdue process
References
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