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

Case No. ADJ1756675 (STK 0194632) ADJ2792711 (STK 0194633)
Regular
Sep 21, 2009

Scott Davis vs. RMC PACIFIC MATERIALS, INC., TRAVELERS INDEMNITY OF ILLINOIS

The applicant sought reconsideration of a Joint Findings and Award concerning industrial injuries to his right arm, shoulder, neck, psyche, and right foot/ankle. The WCJ deferred the issue of permanent disability for further medical development. The applicant's petition for reconsideration, which challenged this deferral, was dismissed. This dismissal was based on the principle that reconsideration can only be sought from a final order, and the WCJ's deferral of issues for further development is an interlocutory procedural decision. The applicant may seek reconsideration of a final award once permanent disability is determined.

Workers' Compensation Appeals BoardPetition for ReconsiderationJoint Findings and AwardIndustrial InjuryWelder/MechanicRight ArmShoulderNeckPsycheTemporary Disability
References
10
Case No. VNO 0450531
Regular
Jun 12, 2008

NELSON PIMENTEL (Deceased) CLAUDIA CISNEROS, Guardian Ad Litem for SUMMER PIMENTEL vs. DAYNITE FACILITIES; STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to address an attorney's fee dispute and a request for disqualification of the Workers' Compensation Judge (WCJ). The WCAB increased the attorney's fee awarded to Ronald Ehrman to $4,800.00, finding that he had cured prior notification defects regarding his adverse interest in seeking additional fees. Additionally, the WCAB disqualified the original WCJ, finding that his criticisms of Ehrman's conduct created an appearance of bias, and reassigned the case to a new WCJ.

Workers' Compensation Appeals BoardDeath BenefitsAttorney's FeesGuardian Ad LitemReconsiderationDisqualificationWCJAdverse InterestEthics ViolationsPenalties
References
3
Case No. ADJ10133424
Regular
Jun 27, 2025

Braulio Espinoza vs. Standard Drywall, Inc.; Zurich North American Insurance/American Zurich Insurance Company

Applicant Braulio Espinoza sought reconsideration of a WCJ's decision regarding his permanent disability rating, contending the WCJ erred in failing to find him permanently totally disabled despite vocational evidence. The Appeals Board granted the petition for reconsideration, noting that the WCJ's finding on the vocational reporting was premature given the deferral of the psychiatric injury rating issue. The Board will conduct a further review of the factual and legal issues to issue a just and reasoned final decision.

Petition for ReconsiderationAgreed Medical EvaluatorPermanent Disability Rating ScheduleVocational ExpertRebuttalWhole Person ImpairmentLabor CodeAMA GuidesPsychiatric InjuryFunctional Capacity Evaluation
References
28
Case No. ADJ6691358
Regular
Jul 16, 2019

JAVIER GUERRA MENDOZA vs. SILVA BROS DAIRY, ATHENS ADMINISTRATORS

The defendant sought reconsideration of a WCJ's decision that found applicant sustained injury AOE/COE and awarded penalties for delayed attorney fees. Defendant primarily argued that the WCJ should have dismissed the claim for underpayment of permanent disability indemnity, rather than deferring it. The Appeals Board denied reconsideration, finding that the deferral of the underpayment issue was an interlocutory order not subject to reconsideration, and the defendant failed to demonstrate significant prejudice or irreparable harm. The Board emphasized the WCJ's discretion to develop the record when insufficient evidence exists.

AOE/COESilva Bros DairyAthens AdministratorsPetition for ReconsiderationFindings of FactAwardOrders and Opinion on DecisionWCJattorney's feespenalty
References
0
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. ADJ7184070
Regular
Aug 17, 2016

ARMANDO RODRIGUEZ vs. PACIFIC EXTERIORS, SEABRIGHT INSURANCE COMPANY

The Workers' Compensation Appeals Board denied a lien claimant's Petition for Removal and Disqualification of the WCJ. The lien claimant sought to challenge an order rescinding an earlier lien allowance and a notice of intent to sanction them for allegedly obtaining a settlement without proper authority. The Board found that the lien claimant had adequate recourse through a petition for reconsideration regarding sanctions and that the disqualification allegations were not supported by the record. The WCJ acted appropriately by rescinding the order when concerns were raised, and no bias was demonstrated.

Petition for RemovalWCJLien ClaimantSanctionsDisqualificationCompromise and ReleaseLabor CodeAdministrative Law JudgeOrder Re: LienPetition for Reconsideration
References
1
Case No. ADJ2263363 (SAC 0291821) ADJ2654728 (SAC 0291246)
Regular
Dec 05, 2008

LEROY ARMSTRONG vs. ENVIRONMENTAL CONSTRUCTION, STATE COMPENSATION INSURANCE FUND, SLIPFORM CONCRETE, BROADSPIRE, California Insurance Guarantee Association (CIGA), Legion Insurance, State Compensation Insurance Fund (SCIF), Fireman's Fund

The Workers' Compensation Appeals Board dismissed CIGA's petition for reconsideration because the WCJ's deferral of CIGA's requested issues was not a final order, and CIGA was not aggrieved. The Board also denied CIGA's petition for removal, finding no extraordinary circumstances. Finally, the Board denied SCIF's petition for reconsideration, agreeing with the WCJ's determination that the applicant's claim against Environmental Construction was timely.

Workers Compensation Appeals BoardCIGASCIFReconsiderationRemovalPetitionFinal OrderStatute of LimitationsIndustrial InjuryDeferred Issue
References
7
Case No. SAC 308622 SAC 308623 SAC 309351 SAC 323463 SAC 355784
Regular
May 09, 2007

DELETTE ZIEGELMANN-JACKSON vs. COUNTY OF SACRAMENTO

The applicant sought removal to challenge the WCJ's deferral of a ruling on a petition to enforce a subpoena for personal items, arguing it unfairly required a second deposition. The Appeals Board dismissed removal in several cases where no issues were pending, but granted removal in case number SAC 355784. The Board affirmed the WCJ's order deferring the subpoena ruling, allowing for potential further depositions if warranted, and returned the matter for further proceedings.

Workers Compensation Appeals BoardRemovalPetition to EnforceSubpoena Duces TecumDeferred RulingIndustrial InjuryLabor Code Section 132aDiscriminationPrivacyDeposition
References
0
Case No. ADJ2060741 (RJV 0068035)
Regular
Apr 13, 2009

GAIL ARITA vs. STATE OF CALIFORNIA, CDCR-CALIFORNIA REHABILITATION CENTER, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration to address petitions from both the applicant and defendant concerning the WCJ's decision. The applicant disputed the finding that she failed to prove entitlement to self-procured medical care. The defendant argued the claim was time-barred, but agreed with the applicant on the self-procured treatment issue. The Board affirmed the WCJ's original decision as amended, finding the applicant's self-procured treatment contention moot due to deferral.

Workers' Compensation Appeals BoardReconsiderationSelf-procured medical careBurden of proofAOE/COEStatute of limitationTemporary disabilityWCJ decisionAdministrative law judgeDefendant petition
References
0
Case No. SBR 0290399
Regular
Jul 22, 2008

MERRICK GAUTREAUX vs. DUNAGAN CONSTRUCTION COMPANY, STATE COMPENSATION INSURANCE FUND

The Board granted reconsideration of an award finding serious and willful misconduct by the employer, affirming the finding of misconduct for the reasons cited by the WCJ. However, the Board deferred the issue of whether the increased compensation award exceeds constitutional limits as per *Ferguson v. Workers' Comp. Appeals Bd.*, retaining jurisdiction for the WCJ to address this question. The Supplemental Findings, Award and Order were amended to reflect this deferral and reservation of jurisdiction.

Serious and willful misconductLabor Code $\S\S 4553$4553.1permanent total disabilityFerguson v. Workers' Comp. Appeals Bd.constitutional limitindemnity payablenormal benefitsattorney's feesdeferred issue
References
1
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