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

Case No. ADJ6877332
Regular
Aug 29, 2014

ELEAZAR ESCOBEDO vs. JOHN O'SHEA dba O'SHEA WELDING, STATE COMPENSATION INSURANCE FUND

This Workers' Compensation Appeals Board case, concerning Eleazar Escobedo versus John O'Shea dba O'Shea Welding and State Compensation Insurance Fund, is being dismissed. The dismissal is a direct result of the petitioner voluntarily withdrawing their Petition for Reconsideration. The Board is ordering the dismissal of the reconsideration petition based on this withdrawal.

Petition for ReconsiderationWithdrawn PetitionOrder of DismissalWorkers' Compensation Appeals BoardApplicantDefendantCase NumberOakland District OfficeJuly 18 2014 DecisionAugust 29 2014 Filing
References
Case No. ADJ9585531
Regular
Aug 28, 2017

Andres Reyes vs. PT WELDING INC.; BERKSHIRE HATHAWAY PASADENA

The Workers' Compensation Appeals Board (WCAB) dismissed Applicant Andres Reyes's petition for reconsideration because it was filed against a non-final interlocutory discovery order. The WCAB also denied Applicant's petition for removal, finding no significant prejudice or irreparable harm, and directed the parties to resolve the discovery dispute through the Administrative Director. The original order denied Applicant's motion to quash a subpoena for his entire school records from iLearn Institute, which Applicant argued was irrelevant and invaded his privacy. Applicant's petition was dismissed as reconsideration is improper for non-final orders, and his removal petition was denied as he failed to demonstrate significant prejudice.

WACABPetition for ReconsiderationPetition for RemovalNon-final OrderInterlocutory OrderDiscovery OrderMotion to QuashSubpoena Duces TecumPrivacySignificant Prejudice
References
Case No. ADJ2284547 (LAO 0820988)
Regular
May 19, 2025

Julio Mendoza vs. Tuff-Weld Wood Specialties, State Compensation Insurance Fund

The Workers' Compensation Appeals Board granted reconsideration regarding a lien claim by Angoal Medical Collections (AMC) against Tuff-Weld Wood Specialties and State Compensation Insurance Fund. The initial F&O barred AMC's lien, citing untimely filing and the equitable doctrine of laches. The Board found that the defendant failed to provide evidence of prejudice, a necessary element for the laches defense. Consequently, the Board rescinded the prior F&O, deferring the issue of prejudice and returning the matter to the trial level for further proceedings.

Workers' Compensation Appeals BoardLien ClaimantReconsiderationFindings and OrderLabor Code Section 4903.8Equitable Doctrine of LachesAffirmative DefensePrejudiceBurden of ProofMedical-Legal Evaluation
References
Case No. ADJ1150041 (FRE 0244995)
Regular
Apr 23, 2012

JAMES CARTER (Deceased) EVELYN CARTER (Widow) vs. SUBURBAN STEEL, INC.; FRESNO FAB TECH; REM; and CIGA for SUPERIOR NATIONAL INSURANCE COMPANY, in liquidation

The Applicant seeks reconsideration of the denial of her deceased husband's workers' compensation claim, arguing that the medical evidence is insufficient and biased. The Appeals Board dismissed her petition, finding it to be a successive petition challenging a prior denial, which is not permitted. Furthermore, her petition for removal to disqualify the judge was dismissed for failing to meet procedural requirements. The Board upheld the original finding that the cancer and death did not arise out of employment, relying on the well-reasoned medical opinion of Dr. O'Neill.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalSuccessive petitionsWrit of reviewCourt of AppealsDisqualification of WCJRule 10452Cancer and deathWelding
References
Case No. ADJ11668611
Regular
Sep 16, 2019

MIGUEL LUNA vs. SOCAL STRUCTURAL STEEL FABRICATION, REDWOOD FIRE & CASUALTY/BHHC

The Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration and rescinded the prior findings of injury arising out of and in the course of employment. The WCAB found the original decision lacked substantial medical evidence to support the injury claim, as applicant's lay testimony alone is insufficient for causation when medical expertise is required. While giving deference to the WCJ's credibility determinations, the Board is returning the case to the trial level for further proceedings to develop the medical record.

AOE/COEPetition for ReconsiderationFindings and Ordersubstantial evidencecredibility determinationsindustrial causationmedical evidencedevelop the recordrescindedtrial level
References
Case No. ADJ2183666 (RDG 0113898) ADJ2837745 (RDG 0113903)
Regular
Sep 17, 2008

RONALD TYLER vs. REDDING LUMBER TRANSPORT, STATE COMPENSATION INSURANCE FUND

The Board denied the defendant's reconsideration request regarding an admitted industrial injury to the applicant's lungs and respiratory system. The defendant argued for a lower permanent disability rating, claiming a misunderstanding of a stipulation regarding a prior 10% permanent disability award. The Board affirmed the original decision, finding the stipulation regarding the prior 10% award to be binding and unpersuasive of the defendant's interpretation.

WCABRedding Lumber TransportState Compensation Insurance FundRonald TylerADJ2183666ADJ2837745industrial injurylungsrespiratory systempulmonary system
References
Case No. ADJ7813892
Regular
Oct 26, 2018

LEOBARDO GIJON (Deceased), CELEDONIA MARTINEZ (Widow), ESAU GIJON vs. ROBERT WAYNE ROBINSON, DIRECTOR OF INDUSTRIAL RELATIONS AS ADMINISTRATOR FOR THE UNINSURED EMPLOYERS BENEFITS TRUST FUND

This case concerns the fatal injury of Leobardo Gijon, who was run over by a backhoe on the property of uninsured employer Robert Wayne Robinson. The Workers' Compensation Appeals Board (WCAB) is reconsidering its prior decision that Gijon's death arose out of and occurred in the course of his employment (AOE/COE). The defendant argues the WCAB failed to adequately address the AOE/COE issue, contending Gijon was operating the backhoe for personal reasons. However, the WCAB found substantial evidence that Gijon's operation of the backhoe was authorized by the employer and reasonably contemplated by the employment, especially as it was to be considered payment for ongoing work. Therefore, the petition for reconsideration was denied.

AOE/COEUninsured Employers Benefits Trust FundDeceased employeeFatal injuryBackhoe accidentWelding workCompensable injuryCourse of employmentDual purpose doctrineZone of danger
References
Case No. ADJ8529720
Regular
Feb 06, 2017

ALEJANDRA GONZALEZ vs. 3M COMPANY, OLD REPUBLIC INSURANCE

This case concerns whether an untimely supplemental Qualified Medical Evaluator (QME) report warrants a replacement panel. The applicant requested a new panel because the original QME's supplemental report was late. The WCJ denied the defendant's request to keep the original QME, finding the defendant waived objection by striking a name from the new panel. The Appeals Board granted removal, rescinded the WCJ's order, and remanded the case. The Board clarified that striking a name from a new panel does not automatically waive the right to object to its validity.

PQMESupplemental ReportReplacement PanelLabor Code 4062.5DWC Medical UnitDeclaration of ReadinessMSCWaiverAdministrative Director Rule 38Rule 31.5
References
Case No. ADJ801311 (SFO 0482182)
Regular
Dec 28, 2009

WILLARD GRAY vs. LEE'S IMPERIAL WELDING, VIRGINIA SURETY CORPORATION

The WCJ's finding that the applicant's life pension would increase annually commencing on January 1 following the receipt of the life pension weekly benefit was reconsidered and the matter is returned to the WCJ for further proceedings and a new decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationCorrected Findings and AwardIndustrial Cumulative TraumaPermanent DisabilityApportionmentLife PensionLabor Code section 4659(c)Cost of Living AdjustmentsDuncan v. Workers' Comp. Appeals Bd.
References
Case No. ADJ4318912
Regular
Jun 14, 2015

MIKE TAYLOR vs. WILSON WELDING & HYDRAULICS, STATE COMPENSATION INSURANCE FUND

This case concerns a workers' compensation applicant who sustained severe back injuries in 1996. The applicant later filed to reopen, alleging consequential injuries to his psyche, heart, cardiovascular system, and diabetes, as well as 100% permanent total disability. The defendant argued these injuries were outside the five-year statute of limitations for claims. The Workers' Compensation Appeals Board denied reconsideration, adopting the WCJ's report which found the consequential injuries compensable, noting that a timely petition to reopen preserves jurisdiction. The Board also found substantial evidence supported the 100% permanent total disability rating based on agreed medical examiners' reports.

Petition for ReconsiderationConsequential InjuryPsycheCardiovascular SystemDiabetesPermanent Total DisabilityStatute of LimitationsAgreed Medical ExaminerFailed Back SyndromePost-Traumatic Stress Disorder
References
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