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

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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ4704248 (SJO 0269173)
Regular
Feb 09, 2012

MATTHEW WILL (Deceased), DIANA WILL (Widow) vs. STATE OF CALIFORNIA, DEPARTMENT OF FORESTRY AND FIRE PROTECTION, STATE COMPENSATION INSURANCE FUND

This case concerns whether the deceased firefighter Matthew Will's minor children are entitled to continuation benefits beyond the standard death benefit. The defendant argued that continuation benefits under Labor Code section 4703.5 are only available when there is no surviving totally dependent parent, and since the widow qualifies, the children are not eligible. The Workers' Compensation Appeals Board affirmed the original award, holding that the amendment to section 4703.5 intended to augment benefits rather than restrict them. They found the reference to section 3501 was to clarify which children qualify, not to preclude benefits when a parent survives.

WCABMatthew WillDiana WillDepartment of Forestry and Fire ProtectionLegally UninsuredState Compensation Insurance FundReconsiderationFindings Award and OrderDeath BenefitsLabor Code section 4702
References
Case No. Misc. No. 254
En Banc
Feb 14, 2013

vs. Daniel Escamilla

The Workers' Compensation Appeals Board suspends Daniel Escamilla's privilege to appear before it as a non-attorney representative for 90 days, finding good cause due to a repeated pattern of sanctionable conduct, including frivolous filings and misrepresentations of fact.

Labor Code section 4907nonattorney hearing representativeprivilege to appearWCABgood causefrivolous conductsanctionsLabor Code section 5813WCAB Rule 10561willful misrepresentation
References
Case No. ADJ13228350
Regular
Jul 14, 2025

Paul Janikowski vs. Tesla Motors, Inc.

Applicant Paul Janikowski, a production associate at Tesla Motors, Inc., suffered severe leg and ankle injuries in 2019 due to a machine malfunction involving a conveyor and skids. He alleged serious and willful misconduct by Tesla, arguing that the company failed to provide adequate safety protocols and reduced the job from a two-person task to a one-person task, forcing him to cross an energized conveyor. Despite defendant's arguments that safety protocols were in place and the operation met industry standards, the Workers' Compensation Administrative Law Judge (WCJ) found that the applicant met his burden of proof. The Appeals Board denied Tesla's petition for reconsideration, affirming the WCJ's finding of serious and willful misconduct by the employer.

Serious and willful misconductLabor Code section 4553Petition for ReconsiderationFindings Order and AwardWCJCal OSHAMercer-FraserJohns-ManvilleHawaiian PineappleDowden
References
Case No. ADJ3415468 (AHM 0146168)
Regular
Feb 05, 2013

ZOBEIDA ALVA vs. OXFORD VILLA, FIRSTCOMP OMAHA

The Workers' Compensation Appeals Board granted removal and imposed a $750 sanction on lien claimant SAI Professional Services and its representative, Betty Rezmer, for filing a frivolous Petition for Reconsideration. The Board found the petition contained willful misrepresentations of the record and disregarded evidence that contradicted the lien claimant's claims. After failing to respond to the Board's notice of intent to sanction, the $750 penalty is now officially assessed and must be paid to the Workers' Compensation Appeals Board.

Workers' Compensation Appeals BoardRemovalSanctionsLabor Code § 5813Rule 10561Lien ClaimantPetition for ReconsiderationFrivolous ActionWillful MisrepresentationsFailure to Appear
References
Case No. ADJ5814563
Regular
Nov 19, 2012

MARIA VILLEGAS vs. BURKE WILLIAMS, INC., TRAVELERS SACRAMENTO

The Appeals Board dismissed the lien claimant's Petition for Reconsideration as untimely, unverified, and unserved. The Board also initiated removal and a notice of intention to impose a $250 sanction against the lien claimant and its representative for frivolous conduct, including filing a petition with willful misrepresentations of the record. The lien claimant failed to appear at a lien conference, leading to a Notice of Intention to Dismiss, which formed the basis of the dismissed petition. The Board found the lien claimant's assertion of lack of notice contradicted the record, which showed service of the conference notice.

Notice of Intention to Dismiss LienPetition for ReconsiderationLien claimantRemovalSanctionsLabor Code § 5813Due processVerificationServiceUntimely
References
Case No. ADJ9427877
Regular
Apr 20, 2020

KARL KURTZ vs. WESCO AIRCRAFT HARDWARE, LIBERTY MUTUAL INSURANCE COMPANY

This case concerns an employer's termination of an employee while he was on temporary disability due to a back injury. The Workers' Compensation Appeals Board affirmed the finding that the termination violated Labor Code section 132a, finding the employer's stated reasons of relocation and claim denial constituted unlawful discrimination. While the employee is entitled to lost wage reimbursement from June 1, 2016, to October 9, 2018, issues regarding reinstatement and further wage loss remain deferred for further proceedings. The Board also affirmed the finding that the employee's injury was not due to his own serious and willful misconduct.

Labor Code Section 132aserious and willful misconductdiscriminationretaliationreinstatementlost wagestemporary disabilitypermanent disabilityserious and willful misconduct of employeeserious and willful misconduct of employer
References
Case No. ADJ292109 (LAO 0863163)
Regular
Oct 27, 2015

Erica Brumfield vs. County of Los Angeles, Department of Social Services, York Risk Services

The Appeals Board granted reconsideration and rescinded the WCJ's dismissal order. The dismissal was based on a defendant's petition containing material misrepresentations and improper service on the unrepresented applicant. Crucially, the defendant failed to properly serve notice of dismissal proceedings, and the applicant was actively pursuing her claim as evidenced by her communications with adjusters and medical providers. Therefore, the dismissal order is void *ab initio* due to lack of due process and material misrepresentations.

Amended Petition to Set Aside DismissalPetition to Dismiss Based On Lack of Prosecutionvoid ab initiomaterial misrepresentationPetition for Reconsiderationrescind the Orderindustrial injuryunrepresentedin propria personamisrepresentation of facts
References
Case No. ADJ9664689
Regular
Apr 02, 2015

VICTOR LUO vs. PACIFIC PATHWAY, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration of a sanctions order against applicant's attorneys. The attorneys argued due process violations based on alleged ex parte contact by the judge. The Board found the applicant's attorneys' petition contained misrepresentations of fact, justifying sanctions. Therefore, the Board issued a notice of intention to impose a $500 joint and several sanction against the law firm and its associate for unprofessional conduct and misleading pleadings.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationOrder Imposing SanctionsWCJex parte contactdue processbad-faith actionsLabor Code section 5813Appeals Board Rule 10561(b)sanctions
References
Case No. ADJ3588216 (LAO 0866168) ADJ4039946 (LAO0866169)
Regular
May 20, 2009

MARIA ADELA PEREZ vs. JOSE HERNANDEZ, CRAWFORD & COMPANY

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration. The defendant sought to rescind two stipulation and orders approving settlements with lien claimants, Dr. Ehyai and Dr. Dini. These orders settled the liens for $1,700 and $1,500 respectively, despite prior payments by the defendant to both doctors totaling over $4,300. The Board rescinded the orders and returned the matter for a hearing to determine if the stipulations were based on misrepresentation or mutual mistake by the lien claimants.

Workers' Compensation Appeals BoardPetition for ReconsiderationStipulation and OrderLien ClaimantDr. Reza EhyaiDr. Ali DiniRescissionMisrepresentationMutual MistakeGood Cause
References
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