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Case Law Database

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

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
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. ADJ192431 (SAC 0366013)
Regular
Jul 26, 2010

BRYAN ALBERTSON vs. KUEHNE & NAGEL, INC., TRAVELERS PROPERTY CASUALTY INSURANCE

This case involves a $1000 attorney's fee sanction imposed on Zurich American Insurance Company (Zurich) by a WCJ. Zurich sought reconsideration, arguing the sanction was unjustified and the WCJ acted in excess of powers. After a commissioners' conference and Zurich's subsequent payment of the sanction, the Board found the issue moot regarding payment. However, the Board affirmed the WCJ's original Order Imposing Sanctions, as the merits of the petition were previously rejected and the decision was final.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Imposing SanctionsAttorney's FeeZurich American Insurance CompanyWCJExcess of PowersMoot IssueFinal DecisionCommission Conference
References
Case No. SJO 0237342
Regular

LINDA ONTIVEROS vs. SAVERS STORES, ZURICH AMERICA INSURANCE

The Workers' Compensation Appeals Board (WCAB) denied the applicant's Petition for Reconsideration, upholding the WCJ's original decision. The WCAB clarified its judicial authority and the role of WCJs in delegating those powers. Specifically, the Board ordered a correction to the heading of the WCJ's report to accurately reflect the "Workers' Compensation Appeals Board" as the decision-making body.

Petition for ReconsiderationDeniedWorkers' Compensation Appeals BoardWCJJudicial AuthorityOriginal JurisdictionLab. CodeCal. Code RegsSan Jose District OfficeAdministrative Law Judge
References
Case No. ADJ7237157
Regular
Aug 15, 2013

JUAN ESTRADA vs. R&L BROSAMER, INC.; CHARTIS/AIG

The Workers' Compensation Appeals Board (WCAB) granted removal, rescinded an administrative law judge's (WCJ) order, and otherwise affirmed the WCJ's decision. The rescinded order compelled the applicant, Juan Estrada, to attend a medical examination on July 19, 2013. The WCAB adopted and incorporated the WCJ's report outlining the reasons for this action.

RemovalRescindedMedical ExaminationCompelling AttendanceWCJ OrderPetition for RemovalWorkers' Compensation Appeals BoardAdministrative Law JudgeReport of WCJDecision After Removal
References
Case No. ADJ7514657
Regular
Jun 09, 2016

Kenneth White vs. City of San Pablo

The Workers' Compensation Appeals Board (WCAB) denied the City of San Pablo's petition for reconsideration, adopting the reasoning of the workers' compensation judge (WCJ). The WCAB found that the applicant's psychiatric injury claim was not barred by the statute of limitations, as the employer failed to provide a claim form, thus tolling the limitations period. Furthermore, the WCAB upheld the WCJ's finding that the applicant, acting through his "attorney-in-fact" (his aunt with power of attorney), was unrepresented for the purposes of selecting a Qualified Medical Evaluator (QME). Therefore, the applicant retained the right to select a QME from the panel, and the employer could not strike a physician from that panel.

WCABPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeWCJQMEQualified Medical EvaluatorStatute of LimitationsDurable Power of AttorneyAttorney-in-FactDWC-1
References
Case No. ADJ7709362
Regular
Dec 05, 2011

Gloria Kudelko vs. UNITED SERVICES AUTOMOBILE ASSOCIATION, HARTFORD INSURANCE COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

This case involves a defendant's petition for removal and reassignment of a Workers' Compensation Appeals Board matter. The defendant sought removal of an order from August 9, 2011, which scheduled trial, ordered a claims adjuster to appear, and ordered her to show cause for failing to appear at a prior conference. The Board granted the petition, rescinded the August 9, 2011 order, and returned the case for reassignment to a different WCJ for trial. The Board also stated the current WCJ should proceed with the sanctions issue, allowing the adjuster an opportunity to show good cause for her non-appearance.

Petition for RemovalWCJ SanctionClaims Adjuster AppearanceReassignment WCJMandatory Settlement ConferenceShow Cause OrderIndustrial InjuryWCAB Rule 10453Interlocutory OrderPetition for Reassignment
References
Case No. LBO 0348739, LBO 0348738, LBO 0374512
Regular
Mar 13, 2008

ROSA MARTINEZ vs. IN SOO SHOO & GRACE JIN CHO dba SOFT TONE CLEANERS, BROADSPIRE INSURANCE, CHONG KU KIM dba SOFT TONE CLEANERS

The Workers' Compensation Appeals Board denied reconsideration of a WCJ's findings on an applicant's right hand injury. The Board adopted the WCJ's report, emphasizing the deference given to the WCJ's credibility determinations. The Board also corrected a minor clerical error in the WCJ's report heading, substituting "Workers' Compensation Appeals Board" for "Division of Workers' Compensation."

WCABPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeWCJGarza v. Workers' Comp. Appeals Bd.Judicial AuthorityOriginal JurisdictionLab. CodeDelegation of PowersCal. Code Regs.
References
Case No. ADJ8130064
Regular
Mar 29, 2019

Victor Juarez vs. Masonry by Joe, State Compensation Insurance Fund, Imperium Insurance Company, Athens Administrators, Endurance Southern Insurance

This case involves lien claimants who filed their liens in 2012 but failed to submit timely Labor Code section 4903.8(d) declarations, which were required for liens filed before January 1, 2013, by January 1, 2014. The WCAB granted reconsideration, rescinded the WCJ's order dismissing the liens, and returned the matter for further proceedings. The Board found that while the declarations were untimely, the specific remedy for such untimeliness for pre-2013 liens is not defined in the statute. However, the Board noted that the WCAB possesses equitable powers, including the application of the doctrine of laches, to address unjustifiable delay in lien claims.

Labor Code section 4903.8(d)Lien claimantsPetition for ReconsiderationFindings and Orderuntimely declarationsLabor Code section 4903.8(e)Senate Bill 863equitable doctrine of lachesunjustifiable delayequitable powers
References
Case No. ADJ3417047
Regular
Aug 21, 2017

LINEETTE VASQUEZ vs. CITY OF PASADENA WATER & POWER

The Workers' Compensation Appeals Board granted reconsideration for lien claimant South Medical Group. The lien claimant's lien was previously dismissed for non-appearance at a lien conference, which they claimed was due to lack of notice. The Board rescinded the dismissal order and returned the matter to the trial level for further proceedings. This decision was based on the WCJ's report, which recommended granting the petition.

Workers' Compensation Appeals BoardLien ClaimPetition for ReconsiderationDismissing LienNon-appearanceLien ConferenceOrder Dismissing LienRescindedWCJFurther Proceedings
References
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