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

Case No. SDO 304863
Regular
Jun 09, 2008

FELICIANO CAMPOS vs. EARL K. POWERS CONSTRUCTION, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION FOR LEGION INSURANCE COMPANY, IN LIQUIDATION C/O BROADSPIRE SERVICES, INC.

The Workers' Compensation Appeals Board (WCAB) denied the applicant's Petition for Removal, finding no substantial prejudice or irreparable injury. The Board adopted the WCJ's report and reasoning, reiterating that removal is an extraordinary remedy rarely granted. Therefore, the petition for removal was officially denied.

Workers' Compensation Appeals BoardPetition for RemovalDeniedSubstantial PrejudiceIrreparable InjuryWCJ ReportAdministrative Law JudgeExtraordinary RemedyWrit DeniedLegion Insurance Company
References
Case No. ADJ7330565 ADJ7330566
Regular
Dec 03, 2012

MICHAEL ACOSTA vs. M.S. ROUSE COMPANY, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration because it was not filed from a final order determining substantive rights or liabilities, but rather from interlocutory procedural orders. The petition for removal was also denied as the applicant failed to demonstrate substantial prejudice or irreparable harm if removal was not granted. Consequently, the petition for reconsideration was dismissed, and removal was denied.

Petition for ReconsiderationFinal OrderSubstantive RightLiabilityInterlocutory OrdersProcedural DecisionsEvidentiary DecisionsRemovalSubstantial PrejudiceIrreparable Harm
References
Case No. ADJ7733498
Regular
Aug 14, 2012

MINOO DANESHRAD vs. NESSAH EDUCATIONAL AND CULTURAL CENTER, TOWER GROUP COMPANIES

This case involves a Petition for Reconsideration and Removal filed by an applicant. The Workers' Compensation Appeals Board (WCAB) dismissed the petition for reconsideration because it was filed from a non-final interlocutory order, which does not determine substantive rights. The petition for removal was denied because the applicant failed to demonstrate substantial prejudice or irreparable harm, as required by regulation. Consequently, both the petition for reconsideration and removal were dismissed and denied, respectively.

Petition for ReconsiderationFinal OrderSubstantive RightLiabilityInterlocutory OrdersProcedural DecisionsEvidentiary DecisionsRemovalSubstantial PrejudiceIrreparable Harm
References
Case No. ADJ7777181
Regular
Sep 26, 2012

GELMER ARRIAZA vs. CHUALAR PALLETS RECYCLE, TRUCK INSURANCE EXCHANGE

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration because it was not filed from a "final" order, citing that interlocutory procedural decisions do not determine substantive rights or liabilities. The WCAB also denied the petition for removal, adopting the Workers' Compensation Judge's report and finding no showing of substantial prejudice or irreparable harm. Additionally, the WCAB admonished the applicant's attorney for failing to include his State Bar number. Consequently, the Petition for Reconsideration was dismissed and removal was denied.

Petition for ReconsiderationFinal OrderSubstantive RightInterlocutory DecisionRemovalWCJ Report and RecommendationSubstantial PrejudiceIrreparable HarmState Bar NumberRules of Court Administrator
References
Case No. ADJ6946022
Regular
Jun 19, 2014

ROMAN RODRIGUEZ vs. THE MILLARD GROUP, NATIONAL UNION FIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration in this case. The denial was primarily based on the petition being improperly verified, a violation of Labor Code section 5902. Additionally, the petition included numerous unauthorized attachments contrary to Appeals Board Rule 10842. Even if the petition had been properly filed, it would have been denied on its merits.

Petition for ReconsiderationImproperly VerifiedLabor Code section 5902Appeals Board Rule 10842Deny on the meritsAdministrative law judgeWorkers' Compensation Appeals BoardDismissalSedgwick Claims Management ServicesNational Union Fire Insurance Company
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. ADJ6846176
Regular
Jun 09, 2010

MARILYN QUAID vs. OLD REPUBLIC TITLE COMPANY, LIBERTY MUTUAL FIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed Marilyn Quaid's Petition for Reconsideration because it was not verified, a violation of Labor Code section 5902. Even if it had been verified, the WCAB would have denied it on its merits, adopting the reasoning of the administrative law judge. Therefore, the WCAB ordered the Petition for Reconsideration to be dismissed.

Petition for ReconsiderationLabor Code section 5902verifieddismissedWCJ Report and Recommendationdeny on the meritsWorkers' Compensation Appeals BoardLiberty Mutual Fire Insurance CompanyOld Republic Title CompanyMarilyn Quaid
References
Case No. ADJ8033206
Regular
Sep 16, 2013

HUMBERTO ROMO vs. HUNTER LANDSCAPE, INC., CYPRESS INSURANCE COMPANY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Workers' Compensation Appeals Board (WCAB) dismissed Humberto Romo's Petition for Reconsideration. The dismissal was based on two procedural defects: the petition was not verified as required by Labor Code section 5902, and it failed to state statutory grounds under Labor Code section 5903. Even if the petition had been properly verified, the WCAB would have denied it on the merits, adopting the WCJ's reasoning.

Petition for ReconsiderationDismissedVerifiedLabor Code section 5902Statutory GroundsLabor Code section 5903WCJ ReportAdopt and IncorporateDeny on the MeritsWorkers' Compensation Appeals Board
References
Case No. ANA 0324555
Regular
Aug 19, 2007

CONNIE CERVANTES vs. TEMPEST SERVICES INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, ITT CANON

This case concerns whether a self-insured special employer's coverage constitutes "other insurance" that would relieve the California Insurance Guarantee Association (CIGA) of liability for an injured worker's benefits. The Appeals Board denied reconsideration, affirming the administrative law judge's finding that ITT, a permissibly self-insured special employer, was liable for benefits. The Board relied on precedent establishing that self-insurance by an employer is considered "other insurance" under relevant statutes, thus excluding CIGA's coverage.

Workers Compensation Appeals BoardGeneral employerSpecial employerPermissibly self-insuredCalifornia Insurance Guarantee AssociationCIGALiquidationCovered claimsOther insuranceInsurance Code section 1063.1(c)(9)
References
Case No. ADJ1749318 (OAK 0338628)
Regular
Nov 03, 2015

EDGAR PUENTE vs. MACY'S WEST

This case involves Macy's West seeking removal of an order denying their petition for a $500 credit related to a missed QME appointment. The Workers' Compensation Appeals Board granted removal, finding that summary denial of the credit petition would cause prejudice. The Board amended the original order to defer the issue of the credit petition until the applicant's underlying claims are settled or tried. This allows Macy's to present evidence and arguments for the credit at a later, more appropriate stage.

Workers' Compensation Appeals BoardPetition for RemovalOrder Denying Petition for CreditQME appointmentLabor Code section 5811Petition for Creditmedical-legal costmissed appointment feecompensable consequencehypertension
References
Showing 1-10 of 7,491 results

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