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

Case No. ADJ976410 (SDO 0364068)
Regular
Sep 17, 2012

DIANNA BALDWIN vs. ROSS STORES, INC.

This case before the Workers' Compensation Appeals Board involves Dianna Baldwin (Applicant) and Ross Stores, Inc. (Defendant). The Board has issued an order dismissing the Applicant's Petition for Reconsideration. This dismissal is based on the Board's review of the record and incorporates the reasons provided in the administrative law judge's Report and Recommendation.

Petition for ReconsiderationReport and RecommendationWorkers' Compensation Administrative Law JudgeDismissedWorkers' Compensation Appeals BoardRoss StoresInc.Dianna BaldwinCase No. ADJ976410SDO 0364068
References
Case No. ADJ6683229
Regular
Jun 01, 2012

LINDA TERBEST vs. WALMART STORES, INC./SAM'S CLUB, AMERICAN HOME ASSURANCE

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimants' Petition for Reconsideration because it was filed 26 days after the order, exceeding the 25-day jurisdictional deadline. Furthermore, the petition was not verified as required by law, and the defect was not cured despite notice. The WCAB adopted the WCJ's reasoning, further supporting the dismissal.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissing LiensAdministrative Law JudgeJurisdictional Time LimitsUntimely PetitionVerification DefectLucena v. Diablo Auto BodyWCJ's Report and RecommendationMerits
References
Case No. ADJ8748354
Regular
Oct 03, 2018

VIDA ASADI ABOLVERDI vs. WALMART INC., ACE AMERICAN INSURANCE, YORK RISK SERVICES

The Workers' Compensation Appeals Board has dismissed a Petition for Removal in the case of Asadi Abolverdi v. Walmart Inc. The dismissal is due to the petitioner voluntarily withdrawing the petition. The order was filed on October 31, 2018, effectively ending this procedural step.

Petition for RemovalWithdrawn PetitionWorkers' Compensation Appeals BoardDismissedWalmart Inc.Ace American InsuranceYork Risk ServicesADJ8748354Anaheim District OfficeDeidra E. Lowe
References
Case No. MON 0304723
Regular
Jul 15, 2008

KHALIL TANTAWI vs. UNIFORMS, INC., MICROSOURCE MANAGEMENT, INC., GRANITE STATE INSURANCE COMPANY, AIG CLAIM SERVICES, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration of an arbitrator's decision that Granite State Insurance Company and State Compensation Insurance Fund only covered clerical and outside sales staff for Microsource Management, Inc. The Board found the arbitrator's decision lacked required express findings of fact and a determination of rights, and rescinded the decision. The case is returned to the trial level for further development of evidence regarding the applicant's exact job role on the date of injury and to issue a new decision with proper findings and an order.

Workers Compensation Appeals BoardKhalil TantawiUniforms IncMicrosource Management IncGranite State Insurance CompanyAIG Claim Services IncState Compensation Insurance Fundspecial employergeneral employeroutside salesperson
References
Case No. ADJ1775593 (SFO 496217)
Regular
Jan 21, 2003

Mercedes Berthaldan vs. ROSS STORES, INC., SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

The petition for reconsideration is granted to allow further study of the factual and legal issues.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationGRANTING PETITIONROSSI STORES INCSEDGWICK CLAIMS MANAGEMENT SERVICES INCADJ1775593SFO 496217DECISION AFTER RECONSIDERATIONSTATUTORY TIME CONSTRAINTSFACTUAL AND LEGAL ISSUES
References
Case No. ADJ1150181 (VNO 0541415)
Regular
Feb 14, 2021

SUSIE AREVALO vs. WAL-MART STORES, INC., AMERICAN HOME INSURANCE, administered by AVIZENT

This case involves a lien claimant, Superior Med Surgical, Inc., whose lien was dismissed by a Workers' Compensation Judge (WCJ) after failing to appear at a lien conference. The lien claimant submitted a timely objection to the dismissal notice, but it was not received by the WCJ due to EAMS system issues. The Workers' Compensation Appeals Board (WCAB) granted reconsideration on its own motion due to this procedural error. The WCAB rescinded the dismissal order and returned the case to the trial level for the WCJ to consider the lien claimant's objection.

Workers' Compensation Appeals BoardLien ClaimantNotice of Intention to Dismiss LienWCJReconsiderationEAMSDue ProcessSuperior Med SurgicalWal-Mart StoresInc.
References
Case No. ADJ9052447
Regular
Oct 13, 2018

JACQUELINE FINDLER vs. WALMART, AVIZENT, YORK INSURANCE

The Workers' Compensation Appeals Board denied the petition for reconsideration in *Findler v. Walmart*. The WCAB adopted the findings of the WCJ, who found that the lien claimant failed to provide sufficient evidence of the reasonable value of services rendered. This was because the applicable fee schedule did not control for services provided before its effective date. Therefore, the lien claimant was required to present evidence of reasonable value, which they did not adequately do.

Jacqueline FindlerWalmartAvizentYork InsuranceADJ9052447Petition for ReconsiderationWorkers' Compensation Appeals BoardWCJOpinion and Order DenyingAdministrative Director Rule 9983
References
Case No. ADJ10334027
Regular
Feb 24, 2017

MAURICIO VALENCIA ALEJANDRE vs. AEROGROUND INC, XL INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC

This Workers' Compensation Appeals Board case concerns a Petition for Removal filed by the defendant, Aeroground Inc., challenging an Order setting a trial date. The defendant argued a due process violation due to not being allowed to file a pre-trial conference statement after missing a prior hearing. However, the parties subsequently submitted a Compromise and Release agreement that was approved. Consequently, the Board dismissed the Petition for Removal as moot because the case was resolved.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ OrderPre-trial conference statementDue process violationCompromise and ReleaseOrder Approving Compromise and ReleaseDismissedAdministrative Law JudgeAEROGROUND INC
References
Case No. ADJ7621915
Regular
Jun 12, 2014

MIRIAN OCHOA vs. SODEXHO, INC.

The Workers' Compensation Appeals Board (WCAB) denied Sodexho, Inc.'s Petition for Removal in the case of Mirian Ochoa. The WCAB adopted the administrative law judge's report and found that the petitioner may have materially misrepresented the record. The Board noted that the judge may investigate sanctions for this potential violation of WCAB Rule 10561(b)(5)(A). Consequently, the Petition for Removal was denied.

Petition for RemovalWCAB Rule 10561(b)(5)(A)Materially misrepresentedSanctionsWorkers' Compensation Administrative Law JudgeDeny removalReport of the workers' compensation administrative law judgeADJ7621915SODEXHOINC.
References
Case No. ADJ11369357, ADJ11369329
Regular
May 21, 2025

GLORIA DAVIS vs. KAISER FOUNDATION HOSPITAL, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

Gloria Davis, the applicant, sought reconsideration of Findings and Orders issued on February 7, 2025. The original orders found she sustained a lumbar spine injury but denied her Labor Code section 132a claim for discrimination. Davis contended that the F&O was a result of fraud and WCJ bias, specifically regarding her termination from Kaiser Foundation Hospital for alleged HIPAA violations. The Workers' Compensation Appeals Board reviewed the petition, the defendant's answer, and the WCJ's report. The Board denied reconsideration, upholding the WCJ's credibility determination and finding no evidence that Davis was discriminated against due to her industrial injuries.

WORKERS' COMPENSATION APPEALS BOARDGLORIA DAVISKAISER FOUNDATION HOSPITALSEDGWICK CLAIMS MANAGEMENT SERVICESINC.ADJ11369357ADJ11369329Oakland District OfficeOPINION AND ORDER DENYING PETITION FOR RECONSIDERATIONpatient care technician
References
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