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

Case No. ADJ7673518, ADJ7647749
Regular
Jan 23, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION / CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant sustained industrial injury to her neck. While the applicant testified to injuring her neck in a workplace incident and this was partially corroborated, the Board found insufficient evidence for other claimed injuries. The Board specifically disagreed with the administrative law judge's credibility assessment concerning the neck injury itself, relying on medical reports and testimony supporting the neck injury claim. The Board affirmed the denial of claims for all other alleged injuries, finding insufficient medical evidence to link them to the incident.

Petition for ReconsiderationFindings and OrderIndustrial InjuryNeck InjuryBack InjurySpine InjuryUpper ExtremitiesPsycheGastroesophageal SystemInternal System
References
Case No. SAU8840977
Regular
Nov 03, 2025

ERIC BRAGER vs. RKL TECHNOLOGIES, CENTER FOR BETTER HEALTH dba SOUTHLAND SPINE AND REHABILITATION

Liaison counsel for insurance carriers sought reconsideration or removal of a Discovery Order issued by a workers' compensation administrative law judge (WCJ) on August 1, 2025, which voided prior orders and mandated refiling of documents. The carriers argued lack of jurisdiction, insufficient evidence, and violation of due process, while a lien claimant opposed, asserting the judge was disqualified. The Workers' Compensation Appeals Board denied reconsideration, finding the Discovery Order was not a final order, but granted removal, concluding the order violated due process due to lack of notice and a fair hearing. Consequently, the Appeals Board rescinded the Discovery Order and returned the matter for further proceedings to properly adjudicate the allegations against the prior WCJ's orders.

Workers Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalDiscovery OrderVoiding Prior OrdersDisqualification of JudgeDue ProcessFair HearingLabor Code Section 5909Labor Code Section 5313
References
Case No. VNO 0486618 VNO 0486619
Regular
Feb 05, 2008

GRISELDA LEYVA vs. HEALTHCARE SERVICES GROUP, INC., ZURICH AMERICAN INSURANCE

The Workers' Compensation Appeals Board dismissed a lien claimant's petition for reconsideration because it sought review of an interlocutory procedural order, not a final decision. The order in question voided a conditional payment order for a lien claim due to apparent service and filing issues. The Board noted that the lien claimant's rights can still be addressed at a scheduled hearing or through a subsequent filing.

Lien claimantPetition for ReconsiderationOrder VoidingConditional Order to Pay Lien ClaimDue ProcessOfficial Address RecordInterlocutory Procedural OrdersFinal OrderSubstantive RightLiability
References
Case No. ADJ2877775 (AHM 0119600)
Regular
Dec 02, 2008

ARTURO BIVIANO vs. NATIONAL STORES, ARGONAUT INSURANCE

The Appeals Board granted reconsideration, rescinding the prior order dismissing the lien of Center for Pain Control. This dismissal was deemed void because the lien claimant never received proper notice of the order as required by regulation. Therefore, the case is returned to the trial level for further proceedings and a new decision on the lien claim.

Petition for ReconsiderationOrder Dismissing LienLien ClaimantService of ProcessDefective ServiceVoid OrderReturn to Trial LevelHearing on the MeritsRescinded OrderDecision After Reconsideration
References
Case No. ADJ8149506
Regular
Jul 19, 2017

MARTHA BELTRAN vs. KIMCO STAFFING/KIMSTAFF HR, SEDGWICK CMS

Here's a concise summary for a lawyer: A Petition for Reconsideration was filed by a lien claimant on June 9, 2017, challenging Findings and Orders issued on May 15, 2017. The Workers' Compensation Judge (WCJ) issued an order rescinding those Findings and Orders on June 26, 2017. However, this rescission occurred 16 days after the petition, exceeding the 15-day limit under Rule 10859, rendering the rescission order void. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to affirm the WCJ's intent, validating the rescinded Findings and Orders.

WCABPetition for ReconsiderationOrder RescindingFindings and OrdersAdministrative Law JudgeLien ClaimantVoid OrderAffirm OrderKimco StaffingSedgwick CMS
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. ADJ833288 (LBO 0385383)
Regular
Jan 29, 2016

MARTIN VALDEZ vs. NATURE'S TREE SERVICE, STATE COMPENSATION INSURANCE FUND

The applicant sought reconsideration of an order taking the case off calendar, arguing their attorney was not properly served with prior dismissal notices. The Appeals Board dismissed the Petition for Reconsideration because an order taking a case off calendar is interlocutory and not a final order subject to reconsideration. Furthermore, the Board denied the request for removal, stating the applicant had not shown substantial prejudice or irreparable harm. The applicant must address the prior dismissal order at the trial level before seeking appellate review.

WCABPetition for ReconsiderationPetition for RemovalOff Calendar OrderDismissal OrderSubstitution of AttorneysLack of ProsecutionService of ProcessInterlocutory OrderFinal Order
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. 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. ADJ3736897 (RIV 0044021)
Regular
Apr 07, 2014

TERESA BOLTON vs. PALM SPRINGS UNIFIED SCHOOL DISTRICT, KEENAN ASSOCIATES

The Appeals Board granted the lien claimant's petitions for removal, finding the defendant's petition for reconsideration untimely. The Board rescinded the WCJ's order vacating a prior minute order that required the defendant to pay $300 to the lien claimant. Consequently, the November 27, 2013 minute order, requiring the defendant to pay the costs, was reinstated. The defendant's petition for reconsideration was dismissed as untimely.

Petition for RemovalPetition for ReconsiderationUntimely FilingWCJ AuthorityMinute OrderLien ClaimantCosts AwardRescinded OrderReinstated OrderAppeals Board
References
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