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

Case No. ADJ1210556 (AGO 0018589)
Regular
Oct 10, 2008

EDWIN MILLER vs. KEEBLER COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for removal and granted reconsideration of the WCJ's prior decisions regarding medical mileage and penalties. The Board found the WCJ failed to properly consider statutory factors in determining a "reasonable geographic area" for the applicant's medical treatment. Consequently, the WCAB rescinded the WCJ's decisions and returned the case to the trial level for further proceedings and a new decision addressing all outstanding issues, including the definition of a reasonable geographic area for treatment.

WCABPetition for RemovalPetition for ReconsiderationMedical MileageReasonable Geographic AreaLabor Code Section 4600Administrative Director Rule 9780(h)WCJBoltonRamirez
References
2
Case No. ADJ3107843 (MON 0208626)
Regular
Oct 05, 2009

CHRIS DERBOGHOSSIAN vs. ALL TUNE & LUBE, ERIE INSURANCE COMPANY, CRAWFORD & COMPANY

The Board affirmed the WCJ's decision except for the attorney's fees award for the applicant's wife deposition; the contempt order was rescinded as the WCJ lacked authority to address indirect contempt.

WCABremovalreconsiderationdisqualificationcontemptindirect contemptLabor Code section 5814transportation expenseattorney feesmedical treatment
References
11
Case No. ADJ7818556
Regular
Nov 20, 2017

MARCOS CAMACHO vs. PIREATE STAFFING, LUMBERMEN'S INDEMNITY, In Liquidation, Administered By CIGA, EXCLUSIVE TENT RENTALS, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration, rescinded the WCJ's decision, and returned the matter for further proceedings. The Board found the WCJ erred by drawing a negative inference and barring recovery based on the applicant's assertion of his Fifth Amendment privilege against self-incrimination regarding Social Security numbers. The Board determined this assertion does not inherently undermine credibility or the claim's legitimacy. Crucially, the parties had stipulated to an industrial injury to the applicant's back, but the WCJ's flawed reasoning prevented any determination on apportionment, making the decision incomplete.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderIndustrial InjuryBack InjuryHipsLower ExtremitiesPsycheFifth AmendmentSelf-Incrimination
References
1
Case No. ADJ9510116
Regular
Apr 06, 2016

SUNRISE TERRACE MOBILEHOME OWNERS ASSOCIATION vs. ICW Group/Explorer Insurance Company, Williamsburg National Insurance, Tower Select Insurance

Explorer Insurance Company sought reconsideration of a WCJ's decision awarding vocational expert costs. The parties had previously settled underlying claims for $30,000, with the C&R leaving the decision on vocational expert costs to the WCJ. Explorer argued the WCJ erred in awarding uncertain costs, failing to list all case numbers, and not awarding costs against all defendants. The Appeals Board granted reconsideration, rescinded the WCJ's decision, and returned the matter to the trial level due to the unclear identification of liable carriers across the multiple case numbers and differing insurance coverage stipulations. The WCJ will need to conduct further proceedings to definitively identify liable parties and address a stipulation resolving contribution.

Vocational expert costsOrder Approving Compromise and ReleasePetition for ReconsiderationReport and RecommendationJoint and several liabilityThird-party administratorSubstantial evidenceStipulationCumulative injuryContribution
References
1
Case No. ADJ2065472
Regular
Aug 15, 2013

CARLOS DURAN vs. RALPHS GROCERY COMPANY, SEDGWICK

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of the WCJ's prior decision in *Carlos Duran v. Ralphs Grocery Company*. The WCAB rescinded the WCJ's decision and returned the case to the trial level for further proceedings and a new decision. This action means the prior decision is no longer in effect and the case will be reheard by the WCJ. The parties retain their rights to seek further reconsideration of any new decision.

WCABReconsiderationRescindedReturned to Trial LevelFurther ProceedingsWCJ DecisionAdministrative Law JudgeRalphs Grocery CompanySedgwickCarlos Duran
References
0
Case No. ADJ 3758765 (LBO 0335564) ADJ 977794 (LBO 0350733)
Regular
Jun 24, 2009

ROBERT BOUQUET, vs. FARBOTECH COLOR INCORPORATED, et al., INK SYSTEMS, INC., et al.

The Appeals Board granted reconsideration for CIGA (ADJ 3758765) and National Fire Insurance (ADJ 977794) due to errors in the Workers' Compensation Judge's (WCJ) decisions. In ADJ 3758765, the WCJ's decision improperly included Legion Insurance and omitted necessary caption corrections, necessitating a new decision. In ADJ 977794, the WCJ failed to rule on National's credit claim, erroneously calculated applicant's earnings, and required caption adjustments. Both cases are returned to the trial level for further proceedings and revised decisions by the WCJ.

CIGAFremont IndemnityNational Fire Insurance CompanyFarbotech ColorInk Systemspetition for reconsiderationFindings and AwardWCJpermanent disabilitytemporary total disability
References
3
Case No. ADJ9264230, ADJ10303901
Regular
Jan 04, 2019

ANA MOSTAFANIA vs. KINECTA FEDERAL CREDIT UNION, THE HARTFORD INSURANCE COMPANY OF THE MIDWEST

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of the WCJ's October 23, 2018 decision. The WCAB rescinded that decision, adopting the WCJ's report in full. The matter is now returned to the trial level for further proceedings and a new decision by the WCJ. This order is not a final determination on the merits of the case.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting ReconsiderationRescission of DecisionReturn to Trial LevelFurther ProceedingsDecision After ReconsiderationWCJ ReportAdministrative Law JudgeKinecta Federal Credit Union
References
0
Case No. ADJ7027968, ADJ5681902, ADJ7028675
Regular
Jul 31, 2014

Satbir Singh vs. Cardinal Freight Fleet, Clarendon National Insurance Company, Protective Insurance Company, SS Delivery, Van Liner Insurance Company

This case involves multiple workers' compensation claims filed by applicant Satbir Singh against various defendants, including Cardinal Freight Fleet and its insurers Clarendon National and Protective Insurance Company. The Workers' Compensation Appeals Board (WCAB) is reconsidering prior decisions by the Administrative Law Judge (WCJ). The WCAB has rescinded and substituted decisions for two cases (ADJ7028675 and ADJ5681902), deferring issues of insurance coverage, contribution/apportionment between defendants, and credit for third-party recovery. These deferred issues will be returned to the trial level for further proceedings and decisions by the WCJ. The WCAB affirmed the WCJ's decision in a third case (ADJ7027968) in its entirety.

ReconsiderationWCJApportionmentContributionInsurance CoverageThird Party RecoveryPermanent DisabilityTemporary Total DisabilitySelf-Procured TreatmentDeferred Issues
References
0
Case No. ADJ3115402 (MON 0350919) ADJ2375135 (MON 0350920)
Regular
Feb 25, 2014

ISAIAS AYALA vs. D AND D MOVE IT TREES COMPANY, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision concerning applicant Isaias Ayala. The WCAB rescinded the workers' compensation judge's (WCJ) decision and returned the case for further proceedings and a new decision by the WCJ. This order does not address the merits of the case, and parties retain the right to seek reconsideration of the subsequent WCJ decision.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationWCJrescindreturn for further proceedingsgrant reconsiderationdecision after reconsiderationtrial levelfinal decisionD AND D MOVE IT TREES COMPANY
References
0
Case No. ADJ4631701
Regular
Oct 19, 2012

ROCIO SALINAS vs. TUTOR & SALIBA, INTERCARE

The Workers' Compensation Appeals Board granted reconsideration and rescinded the WCJ's previous decision in the case of Salinas v. Tutor & Saliba. The Board adopted the WCJ's report and returned the matter to the trial level for further proceedings and a new decision. This order is not a final decision on the merits, and parties retain the right to seek reconsideration of the future WCJ decision.

Workers' Compensation Appeals BoardReconsiderationRescinded DecisionFurther ProceedingsWCJ DecisionTutor & SalibaIntercareADJ4631701OAK District OfficeOpinion and Order
References
0
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