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

Case No. MON 259901 MON 261908
Regular

VICENTE FELIX vs. WEBER METALS, INC., AIG CLAIMS SERVICES, INC.

Defendant AIG's petition for reconsideration was dismissed by the Workers' Compensation Appeals Board because it was unverified and sought reconsideration of a non-final "Notice of Intention to Grant Petition." The Board found the petition to be contrary to Labor Code section 5902 due to the lack of verification and noted that a notice of intention is not a final order subject to reconsideration. Consequently, the Board dismissed the petition and deferred addressing the appended petition to change administrator.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Appointing Administrator of AwardUnverified PetitionLabor Code Section 5902Report and RecommendationNotice of IntentionFinal OrderPetition to Change AdministratorWCJ
References
Case No. ADJ12375088
Regular
Mar 24, 2023

ELMER FERRER vs. WEBER METALS INC., SENTRY SELECT STEVENS POINT

The Workers' Compensation Appeals Board denied a petition for reconsideration filed by Weber Metals Inc. The defendant sought to overturn an order directing further record development through medical panels. The Board determined that while the WCJ's decision resolved threshold issues making it a final order, the defendant's challenge pertained solely to an interlocutory discovery order. Consequently, the Board applied the stricter "removal" standard and found that the defendant failed to demonstrate significant prejudice or irreparable harm, thus denying the petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings Award and Orderdevelop the recordinternal/endocrinologypsychologyReport and Recommendationthreshold issuefinal decisioninterlocutory issue
References
Case No. ADJ3943133 (SAC 0365154)
Regular
Nov 26, 2013

JACOB CARLSON vs. CUSTOM BILT METALS, NATIONAL UNION FIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of the WCJ's decision in Carlson v. Custom Bilt Metals. This action was taken because the parties advised the WCAB that the matter had been settled. Consequently, the WCAB rescinded the previous decision and returned the case to the trial level for further proceedings and a new decision by the WCJ, contingent on the settlement's approval. If the settlement is not approved, the original decision may be reinstated.

WCABPetition for ReconsiderationGranting ReconsiderationRescind DecisionTrial LevelSettlement ApprovalWCJ DecisionReturn to TrialFurther ProceedingsAdministrative Law Judge
References
Case No. ADJ3388315 (SBR 0294441) ADJ683842 (SBR 0340933)
Regular
Jul 22, 2014

Marvin Camacho vs. Western Metal Lathe, Sompo Japan Insurance Company, Broadspire, Remedy Temp, Reliance National, California Insurance Guarantee Association, Williams Furnace Company, St. Paul Fire & Marine, Kimco Staffing, Liberty Mutual Insurance

The Workers' Compensation Appeals Board denied Williams Furnace Company's petition for reconsideration and granted Sompo Japan Insurance Company's petition. The Board affirmed the original award for Marvin Camacho's neck and back injuries sustained while employed by Remedy Temp and Western Metal Lathe, as well as prior injuries to his cervical and lumbar spine from Williams Furnace Company. Issues of temporary total disability, additional attorney's fees, and other matters were deferred for further development at the trial level. Liberty Mutual Insurance, carrier for Kimco Staffing, was dismissed from the case.

WORKERS' COMPENSATION APPEALS BOARDWESTERN METAL LATHESOMPO JAPAN INSURANCE COMPANYBROADSPIREREMEDY TEMPRELIANCE NATIONALCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONWILLIAMS FURNACE COMPANYST. PAUL FIRE & MARINEKIMCO STAFFING
References
Case No. ADJ6477366
Regular
Aug 06, 2010

FRANKIE SCOTT vs. CUSTOM ALLOY SCRAP METAL, ZENITH INSURANCE COMPANY

This order denies Frankie Scott's petition for reconsideration in the case against Custom Alloy Scrap Metal and Zenith Insurance Company. The Workers' Compensation Appeals Board (WCAB) adopted and incorporated the findings of the workers' compensation administrative law judge (WCJ) in their decision. The WCAB also granted significant weight to the WCJ's credibility determination, citing *Garza v. Workmen's Comp. Appeals Bd.*

WORKERS' COMPENSATION APPEALS BOARDORDER DENYING RECONSIDERATIONPetition for Reconsiderationadministrative law judgecredibility findingGarza v. Workmen's Comp. Appeals Bd.ADJ6477366CUSTOM ALLOY SCRAP METALZENITH INSURANCE COMPANYALFONSO J. MORESI
References
Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ9047894
Regular
Aug 26, 2014

PEDRO PICENO vs. WEBER LOGISTICS, TRAVELERS

The Workers' Compensation Appeals Board granted the applicant's Petition for Reconsideration of a prior decision. Reconsideration was granted to allow for further study of the factual and legal issues to ensure a just and reasoned decision. All future communications regarding this case must be filed in writing with the Office of the Commissioners of the WCAB, not with any district office or electronically.

Petition for ReconsiderationWeber LogisticsTravelersADJ9047894Pomona District OfficeJune 112014statutory time constraintsfactual and legal issuesjust and reasoned decision
References
Case No. SBR 0334926 SBR 0335220
Regular
May 19, 2008

DONNA WEBER vs. VICTOR VALLEY HOSPITAL, ALPHA FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to address issues regarding permanent disability and future medical treatment, deferring both for further proceedings. The WCAB rescinded the trial judge's order allowing the defendant an additional 60 days to offer modified work, holding that the applicant is entitled to a 15% increase in her permanent disability award due to the employer's failure to offer modified work within the statutory timeframe. The Board noted that the admissibility of treating physician and QME reports on permanent disability issues is governed by Labor Code section 4061(i).

Workers' Compensation Appeals BoardDonna WeberVictor Valley HospitalAlpha FundJoint Findings of Fact and AwardQualified Medical Evaluator (QME)Labor Code Section 4062.1Treating PhysicianPermanent DisabilityFuture Medical Treatment
References
Case No. ADJ4237598 (LAO 0866879)
Regular
Apr 17, 2012

CHRIS JOHN MUNOZ vs. INFINITY METALS, INC., STATE COMPENSATION INSURANCE FUND

The applicant's attorneys, Perona Langer, sought reconsideration of the WCJ's fee allocation between them and prior counsel. Perona Langer argued the WCJ failed to consider time and results obtained when awarding them $820.00 in attorneys' fees. However, the Board dismissed the petition because Perona Langer failed to properly serve their petition on all adverse parties, specifically Warren S. Seider. Consequently, the petition was dismissed without addressing the merits of the fee dispute.

WCABADJ4237598ADJ2618117Perona LangerInfinity MetalsState Compensation Insurance FundPetition for ReconsiderationFindings and OrderWCJattorneys' fees
References
Case No. ADJ10541840
Regular
Nov 10, 2016

FRANCIS ESPINOZA vs. COMMERCIAL METALS COMPANY, AMERICAN ZURICH INSURANCE COMPANY

In this Workers' Compensation Appeals Board case, the Board granted reconsideration to further review the issues. However, the Defendant subsequently withdrew their Petition for Reconsideration. Consequently, the Board has dismissed the Defendant's Petition. The decision to dismiss the Petition for Reconsideration was issued after the Defendant's withdrawal.

Workers' Compensation Appeals BoardReconsiderationPetition for ReconsiderationDismissedCommercial Metals CompanyAmerican Zurich Insurance CompanyFrancis EspinozaADJ10541840San Francisco District OfficeDecision After Reconsideration
References
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