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

Case No. ADJ7688511
Regular
Jul 18, 2012

VIRGINIA MARTINEZ vs. SUPERIOR COURT OF ORANGE, CORVEL

The Workers' Compensation Appeals Board denied reconsideration of an order disallowing lien claimant's attorney fees. The Board found the lien claimant's fee claim excessive and unsubstantiated, particularly as the applicant negotiated a settlement herself after dismissing the lien claimant. Furthermore, any alleged fee agreement was invalid due to untimely submission and non-compliance with statutory requirements for WCAB approval. The Board adopted the WCJ's report and reasoning in its entirety.

Workers' Compensation Appeals BoardVirginia MartinezSuperior Court of OrangeCorvelADJ7688511Order Denying Reconsiderationlien claimantattorney's feescompromise and release agreementmedical reports
References
Case No. ADJ7516108
Regular
Jun 06, 2011

ANGELICA CROTTE vs. UFO, INC., ILLINOIS MIDWEST INSURANCE AGENCY, VIRGINIA SURETY COMPANY, INC.

The Workers' Compensation Appeals Board (WCAB) dismissed Virginia Surety's petition for removal because it was unverified, violating WCAB Rule 10843(b). The WCAB also noted the petition's excessive length and improper attachments, which violated multiple rules, including CA Rule 10232(a)(10) and WCAB Rule 10842(c). Based on these egregious violations, the WCAB issued a notice of intention to impose a $500 sanction on Virginia Surety's counsel, Sophia E. Martinez, pursuant to Labor Code section 5813.

Petition for RemovalUnverified PetitionWCAB RulesLabor Code 5813SanctionsFrivolousWillful Failure to ComplyWCJAdministrative Law JudgeVirginia Surety Company
References
Case No. ADJ838366
Regular
Sep 28, 2009

RICARDO MARTINEZ (Deceased) MARIA MARTINEZ (Widow) vs. OLIVER TRUCKING COMPANY, INC.; GRANT WEST CASUALTY

The Workers' Compensation Appeals Board (WCAB) has denied a Petition for Removal in the case of Ricardo Martinez (deceased) v. Oliver Trucking Company, Inc. The Board adopted the findings of the administrative law judge, finding no grounds to disturb the prior decision. Therefore, the petition seeking removal of the case for further review has been formally denied.

Petition for RemovalWorkers' Compensation Appeals BoardDeceased ApplicantOliver Trucking CompanyGrant West CasualtyADJ838366LAO 0882518Administrative Law Judge ReportDenied RemovalAlfonso J. Moresi
References
Case No. ADJ4112217 (ANA 0344909)
Regular
Dec 17, 2012

ANGEL MARTINEZ vs. KELLY SERVICES; CNA

The Workers' Compensation Appeals Board dismissed Angel Martinez's petition for reconsideration as untimely. The petition was filed on October 25, 2012, significantly after Martinez admits having notice of the WCJ's March 8, 2012, Findings and Award on July 5, 2012. California law requires petitions for reconsideration to be filed within twenty days of notice, with limited extensions for mailing. This jurisdictional deadline was not met, thus precluding the Board from granting the petition.

Petition for ReconsiderationUntimelyDismissedLabor Code section 5903WCAB Rule 10507JurisdictionalFindings and AwardNoticeWCJ's decisionADJ4112217
References
Case No. ADJ805816 (AHM 0142886)
Regular
May 14, 2014

LIZA MARTINEZ vs. BURLINGTON SCHOOL, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) denied Liza Martinez's Petition for Reconsideration in her case against Burlington School, Inc. and State Compensation Insurance Fund. The Board adopted and incorporated the reasoning from the workers' compensation administrative law judge's report. The denial means Martinez's request for the WCAB to review its prior decision has been rejected.

Workers' Compensation Appeals BoardLiza MartinezBurlington SchoolState Compensation Insurance FundPetition for ReconsiderationDeniedWCJ ReportCal. Code Regs.tit. 8§ 10848
References
Case No. ADJ4413836
Regular
Aug 06, 2010

RAMIRO MARTINEZ vs. INTERWALL DEVELOPMENT CORPORATION, STATE COMPENSATION INSURANCE FUND SANTA ANA

This Workers' Compensation Appeals Board case involved a petition for reconsideration filed by Ramiro Martinez. The Board denied Martinez's petition. The denial was based on the report of the workers' compensation administrative law judge, which the Board adopted and incorporated. Therefore, the applicant's request for reconsideration of the prior decision was ultimately unsuccessful.

Petition for ReconsiderationDenying ReconsiderationWorkers' Compensation Appeals BoardWCJ ReportAdopt and IncorporateService by MailPinnacle Lien ServicesState Compensation Insurance FundInterwall Development CorporationRamiro Martinez
References
Case No. ADJ8246745
Regular
Dec 19, 2017

Tommy Martinez vs. Security Paving Company, The Hartford Insurance Company

This case concerns Tommy Martinez's workers' compensation claim against Security Paving Company. The Board granted reconsideration to amend the award, finding Martinez did not sustain a compensable psychiatric injury due to insufficient employment duration. However, the Board affirmed the finding of permanent total disability from his orthopedic injury, ruling it unapportionable and supported by substantial medical evidence independent of vocational reports. The dissenting opinion argues the vocational evidence and QME's opinion on total disability are not substantial, lacking clarity on work capacity due to industrial injury versus other factors.

WCABSecurity Paving CompanyThe Hartford Insurance CompanyTommy MartinezADJ8246745Petition for ReconsiderationFindings and Awardpermanent total disabilitycumulative trauma injuryshoulders
References
Case No. ADJ1817205 (RIV 0076837) ADJ2824273 (RIV 0076838)
Regular
Jul 02, 2014

SONNY LOVELESS vs. NEWPORT FARMS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, ZURICH AMERICAN INSURANCE CO., VIRGINIA SURETY INSURANCE COMPANY

This case involves a dispute over reimbursement for workers' compensation benefits paid by CIGA. The Appeals Board affirmed an arbitrator's decision granting CIGA full reimbursement from Virginia Surety and Zurich for benefits paid to the applicant. Virginia Surety's arguments that the cumulative trauma periods should be reevaluated and that CIGA was liable for the first period were rejected. The Board found Virginia Surety is bound by prior stipulations establishing two cumulative trauma periods, making its coverage "other insurance" under Insurance Code § 1063.1(c)(9) and thus excluding CIGA's liability for those benefits.

Workers' Compensation Appeals BoardSonny LovelessNewport FarmsCalifornia Insurance Guarantee Association (CIGA)Superior NationalZurich American Insurance Co.Virginia Surety Insurance Companycumulative traumastipulated awardreimbursement
References
Case No. ADJ7481094
Regular
Nov 19, 2012

ARTURO MARTINEZ vs. DISNEYLAND RESORT

The Workers' Compensation Appeals Board (WCAB) granted reconsideration in the case of *Martinez v. Disneyland Resort* following a petition by lien claimant Safety Works Medical, Inc. This action was taken due to statutory time constraints and the need for further study of the factual and legal issues. The WCAB aims to fully understand the record to issue a just decision. All future communications regarding this case must now be submitted in writing to the WCAB Commissioners in San Francisco, not to any district office or e-filed.

Workers' Compensation Appeals BoardReconsiderationLien ClaimantStatutory Time ConstraintsFactual and Legal IssuesDecision After ReconsiderationCommissionersElectronic Adjudication Management SystemDisneyland ResortSafety Works Medical
References
Case No. ADJ770506
Regular
Sep 12, 2011

SILVESTRE MARTINEZ vs. EL CAMINO MEMORIAL PARK, TRAVELERS INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) has dismissed Silvestre Martinez's petition for reconsideration. The dismissal is based on the petition being untimely filed. Even if it weren't untimely, the WCAB would have denied reconsideration on the merits. Therefore, the petition is officially dismissed.

Petition for ReconsiderationDismissing PetitionWorkers' Compensation Appeals BoardAdministrative Law JudgeReport and RecommendationUntimely PetitionMerits DenialSilvestre MartinezEl Camino Memorial ParkTravelers Insurance Company
References
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