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

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. MON 0212034
Regular
Mar 14, 2008

KRISTIAN VON RITZHOFF vs. OGDEN ENTERTAINMENT SERVICES

The Workers' Compensation Appeals Board (WCAB) vacated its prior order granting reconsideration and dismissed the applicant's petition, deeming it an improper reconsideration of a non-final order. The WCAB construed the applicant's request as a petition for removal, which it denied, upholding the WCJ's discretion to prohibit videotaping of proceedings. The decision emphasizes that a party's right to videotape hearings is within the WCJ's sound discretion and not a guaranteed right.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalRequest for Judicial NoticeVideotape ProceedingsWCJ DiscretionFinal OrderSubstantial PrejudiceIrreparable HarmVacating Order
References
Case No. ADJ9910760
Regular
Nov 20, 2018

RAFAEL GUZMAN RODRIGUEZ vs. WASTE MANAGEMENT COLLECTION AND RECYCLING, ACE AMERICAN INSURANCE

The Workers' Compensation Appeals Board (WCAB) denied the defendant's petition for reconsideration. The WCAB affirmed its prior decision allowing the applicant to audio record a qualified medical evaluation with Dr. Dizay. The Board exercised its broad discretion to guide discovery, amending the initial administrative law judge's order which had prohibited recording. This decision aligns with the WCAB's authority to review and modify WCJ decisions based on the existing record and judicial discretion.

Petition for ReconsiderationAudio RecordingQualified Medical EvaluatorPanel QMEWCAB DiscretionLabor Code Section 5708Code of Civil ProcedureWCJ DecisionReconsideration ProceedingsJudicial Discretion
References
Case No. ADJ1774552 (OXN 0142840) ADJ3077412 (OXN 0142839)
Regular
Oct 28, 2008

ROGENE GIANGROSSI vs. CALIFORNIA DEPARTMENT OF CORRECTIONS - CHINO, STATE COMPENSATION INSURANCE FUND

The applicant's petition for removal was denied because the Workers' Compensation Appeals Board found no abuse of discretion by the administrative law judge (WCJ). The WCJ correctly took the case off calendar when the applicant was absent for trial due to relocating out of state, as permitted by board rules. The board also found that the WCJ's order did not prejudice the applicant's right to future discovery or due process.

Petition for RemovalOff CalendarAbuse of DiscretionDue ProcessMandatory Settlement ConferenceDeferred RulingDevelopment of RecordSubstantial PrejudiceIrreparable HarmWorkers' Compensation Appeals Board
References
Case No. ADJ6950787
Regular
Jun 22, 2012

JOSE BARRIENTOS vs. MARK GREENBERG, ALLSTATE INSURANCE COMPANY, SEDGWICK CMS

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The defendant argued the administrative law judge (WCJ) abused discretion by finding the applicant credible, specifically regarding the duration of employment to exclude him from employee status under Labor Code §3352(h). The WCJ adopted the report recommending denial, emphasizing applicant's credible testimony regarding hours worked and pay, and finding the defendant's testimony less reliable due to a lack of direct knowledge. The Board extended great weight to the WCJ's credibility findings, affirming the denial of reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJcredibility findingLabor Code §3352(h)employee definitionconflicting testimonyobservational demeanorunreliable testimonyunrebutted testimony
References
Case No. ADJ6463173
Regular
Feb 13, 2015

Salvador Orozco vs. Golden Wheel Corporation, Pacific Compensation Insurance Company

The Workers' Compensation Appeals Board (WCAB) granted removal and rescinded an order from a WCJ that sanctioned a lien claimant and ordered personal appearances from its representatives. The WCAB found that the WCJ abused his discretion by issuing sanctions and appearance orders without affording the lien claimant proper due process and notice. Specifically, the lien claimant was not adequately notified that its compliance with Business & Professions Code section 22450 regarding photocopier licensing would be litigated and result in sanctions. The case is returned to the WCJ for further proceedings consistent with due process, allowing for evidence and legal briefing on the licensing issue.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationPetition for RemovalNotice of Intention to SanctionWCJMonetary SanctionsBusiness LicenseBusiness and Professions Code Section 22450Due Process
References
Case No. VNO 545629
Regular
Apr 10, 2008

FREDERICK HALLER vs. CITY OF RIVERSIDE POLICE DEPARTMENT, CITY OF RIVERSIDE WORKERS' COMPENSATION OFFICE

The Workers' Compensation Appeals Board denied reconsideration of a decision that established a reasonable attorney fee rate of $225 per hour. The applicant's counsel sought a higher rate, arguing that deposition fees were discretionary and citing internal guidelines from other district offices. The Board found the $225 rate reasonable based on local standards and the WCJ's discretion under Labor Code Section 5710.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ discretiondeposition feesreasonable rateattorney feesabuse of discretionLabor Code Section 5710removalRiverside
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. 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. ADJ9919365, ADJ9919392, ADJ10564628
Regular
Aug 25, 2017

ALFREDO JORDAN RAMOS vs. BEN'S ROOFING, INC., REDWOOD FIRE AND CASUALTY COMPANY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration and rescinded the WCJ's decision due to improperly identified exhibits and a lack of specific record citations in the opinion. The WCJ improperly admitted grouped medical reports and failed to cite which specific reports formed the basis of the Findings and Award. While the Appeals Board acknowledges the potential admissibility of the applicant's treating physician's later report, the WCJ retains discretion over its admission. The case is returned for further proceedings to allow for proper development of the record and a clearer articulation of the WCJ's reasoning.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardQualified Medical EvaluatorTreating Physician ReportLabor Code Section 5703Develop the RecordAdmissibility of EvidencePermanent DisabilityPanel QME
References
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