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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. ADJ2957106 (VNO 0541600)
Regular
Feb 11, 2014

GLENWOOD KIRBY BUSCHMAN vs. GARY D. DAVIS, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Disqualification of WCJ George Ferris. The Board found the petition to be successive, as it repeated previously denied claims, and moot because the WCJ has retired. Therefore, no further appeal regarding this disqualification is available before the Board.

Petition for DisqualificationSuccessive PetitionMoot PetitionWCJPresiding WCJWorkers' Compensation Appeals BoardAutomatic ReassignmentDenied PetitionCrowe Glass Co.Industrial Accident Commission
References
Case No. ADJ3935287 (LBO 0303736)
Regular
Sep 27, 2019

SANDRA TYLER DOZIER vs. STATE OF CALIFORNIA DEPARTMENT OF MOTOR VEHICLES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to a lien claimant after their lien was dismissed by a WCJ. The dismissal occurred due to alleged failure to appear at a lien conference, but the Board found no proof of service for the Notice of Intention to Dismiss. Lacking evidence of proper service, the dismissal was deemed improper, violating due process. The case is remanded to the WCJ for further proceedings.

Lien claimantPetition for ReconsiderationFindings and OrderNotice of Intention to DismissProof of serviceDue processFair hearingWorkers' Compensation Appeals BoardWCJLabor Code section 4908(b)(3)
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. ADJ3070217 (POM 0298265)
Regular
Apr 09, 2012

VICKIE WILLIAMS vs. JUDICIAL COURTS/ADMINISTRATIVE OFFICE OF THE COURTS, ADMINISTERED BY CORVEL CORPORATION

The Workers' Compensation Appeals Board dismissed Vickie Williams' petitions for reconsideration. These petitions sought to set aside reports from two Workers' Compensation Judges (WCJs) that were issued in response to Williams' prior petitions for removal and disqualification. The Board found that the WCJ reports were not final orders subject to reconsideration, and even if they were, the underlying Board orders being reconsidered were procedural, not final. Furthermore, Williams failed to present new evidence or arguments not previously rejected, making her petitions successive and subject to dismissal.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalPetition for DisqualificationWorkers' Compensation Judge (WCJ)Judicial Courts/Administrative Office of the CourtsCorvel CorporationInterim Procedural OrdersFinal OrderNewly Discovered Evidence
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. ADJ8172096
Regular
Apr 17, 2014

MARIA DEL SOCORRO MEDELLIN vs. ANNETTE ROJAS, FIRST AMERICAN SPECIALTY

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration. The Board adopted the WCJ's report, which found the applicant to be an employee based on credible testimony and medical records. The defendant contended the WCJ erred in finding employment, but the WCJ found the applicant met the hours requirement under Labor Code Section 3352(h). The Board gave great weight to the WCJ's credibility findings and denied the petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJGarza v. Workmen's Comp. Appeals Bd.Labor Code Section 3352(h)housekeeperemploymentdate of injuryPetition for ReconsiderationAmended Petition
References
Case No. ADJ6624664; ADJ6624781
Regular
Jul 19, 2011

WALTER ELLIS vs. SCHNEIDER NATIONAL CARRIERS, Permissibly Self-Insured

The Workers' Compensation Appeals Board denied reconsideration of the WCJ's decision, which found that applicant Walter Ellis failed to prove his claimed injuries arose out of and in the course of employment. The Board adopted the WCJ's report explaining that Ellis' petition for reconsideration was deficient, lacking proper service and verification. Furthermore, the WCJ properly denied Ellis' request for reassignment, as trial had already commenced and the claimed bias was not substantiated. Finally, the WCJ found no violation of Labor Code section 132a, as there was no evidence the employer discriminated against Ellis due to a workers' compensation claim.

WCABPetition for ReconsiderationWCJAOE-COELC 132aDiscriminationProof of ServiceVerificationJudicial BiasEx Parte Communication
References
Case No. ADJ10075393
Regular
Jan 06, 2016

HERMINIO ESCOBAR vs. CBN INDUSTRIES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration for lien claimant Centro Medico Sevilla, rescinding an order that dismissed their lien due to alleged non-appearance. The Board found a factual dispute regarding whether the lien claimant's representative refused to appear or if due process was denied. The case is remanded to the trial level for a new hearing before a different WCJ to determine the facts and decide whether to reinstate the lien claim.

Lien claimantReconsiderationOrder Dismissing Lien Claim for Non-AppearanceWCJHearing representativeStatute of limitationsDue processDeclaration of Readiness to ProceedPetition for ReconsiderationDecision After Reconsideration
References
Case No. ADJ7048367
Regular
May 24, 2016

BLANCA CANTU vs. NATIONAL STEEL & SHIPBUILDING COMPANY

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Disqualification against the defendant, National Steel & Shipbuilding Company. This dismissal was based on the petition being untimely filed, as it was not submitted until February 24, 2016, after multiple continuances of the trial date since March 2015. The Board adopted the WCJ's report and recommendations, which found the petition untimely under Cal. Code Regs., tit. 8, § 10452. Even if the petition had not been untimely, the Board indicated it would have been denied on its merits.

Petition for DisqualificationWCJtimelinessuntimelinessMandatory Settlement Conferencecontinuancesupplemental petitionCal. Code Regs.tit. 8§ 10848
References
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