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

Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ8128282
Regular
Jan 23, 2014

ANGELA EGBIKUADJE vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, returning the case for further proceedings. The defendant, California Department of Corrections and Rehabilitation, argued that the applicant's psychiatric injury claim was preempted by the ADA and not proven under Labor Code section 3208.3. The Board found the original decision lacked proper analysis regarding predominant industrial causation and the good faith personnel action defense. Therefore, the case was remanded for further development of the record, including expert medical opinion on these issues.

Workers' Compensation Appeals BoardAngela EgbikuadjeCalifornia Department of Corrections and RehabilitationLegally UninsuredState Compensation Insurance FundADJ8128282Van Nuys District OfficeReconsiderationFindings and AwardIndustrial cumulative trauma injury
References
Case No. ADJ1856849
Regular
Aug 21, 2014

ROGELIO MERLOS vs. AJ SLENDERS DAIRY, ZENITH INSURANCE COMPANY

This Workers' Compensation Appeals Board (WCAB) notice indicates they are reconsidering a prior ruling that excluded defendant's exhibits A through M as irrelevant. The WCAB believes these exhibits may be relevant to the issues presented at trial. Absent timely written objection demonstrating good cause, these exhibits will be admitted into evidence. This decision will inform the final determination on the defendant's petition for reconsideration.

Petition for ReconsiderationExhibits A through MWCJNotice of Intention to Admit EvidenceWorkers' Compensation Appeals BoardWorkers' Compensation Administrative Law JudgeGood CauseWritten ObjectionDemonstration of Good CauseService of Notice
References
Case No. ADJ3711106 (MON 0347573) ADJ2131962 (MON 0350490)
Regular
Sep 16, 2010

ELIZABETH JUANILLO NAVARRO vs. JACK IN THE BOX, GALLAGHER BASSETT, ACE AMERICAN INSURANCE

This Workers' Compensation Appeals Board case concerns a lien claimant, Arthur Malkin, D.C., and his representative, Lee Toney, who are challenging a Notice of Intention to Impose Sanctions. The lien claimant contends he was misadvised and did not receive a necessary report from the Workers' Compensation Judge (WCJ). The Board has provided the missing report and granted an additional 10 days for the lien claimant to file further objections to the $250 sanction. Failure to show good cause within this extended period will result in the imposition of sanctions under Labor Code section 5813.

Workers' Compensation Appeals BoardNotice of Intention to Impose SanctionsLien claimantArthur Malkin D.C.Lee ToneyPetition for RemovalWCJ Report and RecommendationPetition for ReconsiderationLabor Code Section 5813Sanctions
References
Case No. ADJ6860509
Regular
Aug 16, 2012

JESUS HERNANDEZ vs. PLS FINANCIAL SERVICES, CHARTIS

This case concerns a lien claimant, Syndicated Diagnostic Imaging, whose lien was dismissed by the WCJ for failing to appear at a lien conference and not filing a timely objection to a notice of intent to dismiss. The lien claimant argued its representative appeared, and it filed a timely objection, but the Board found the objection was filed late and lacked proof of service or filing. The Board affirmed the dismissal because the lien claimant failed to demonstrate good cause for its absence or timely object to the dismissal notice.

Lien claimantSyndicated Diagnostic ImagingPetition for ReconsiderationOrder DenyingWCJlien conferencenotice of intention to dismissgood causeobjectionhearing representative
References
Case No. ADJ-4279077 (SDO 0317244)
Regular
Jun 09, 2016

TINA BARONI vs. CITY OF OCEANSIDE, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for RELIANCE NATIONAL INDEMNITY COMPANY

The Workers' Compensation Appeals Board (WCAB) issued a Decision After Removal ordering the striking of three sets of documents from the EAMS record. These documents pertained to San Diego Superior Court Case Number 37-2016-00006537-CU-IC-CTL and were submitted without objection. The WCAB previously issued a Notice of Intention to Strike these documents, stating they would be removed unless good cause to the contrary was shown. No objections were received from the parties or the identified attorneys.

Workers' Compensation Appeals BoardRemovalStriking DocumentsEAMS recordCalifornia Insurance Guarantee AssociationReliance National Indemnity CompanyLiquidationSan Diego Superior CourtObjectionGood Cause
References
Case No. ADJ2973256 (OXN 0141107)
Regular
Apr 25, 2016

PATRICK STOCKTON vs. THE WATER SYSTEM GROUP, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied a lien claimant's petition for reconsideration of a dismissal order. The dismissal was based on the lien claimant's failure to appear at a lien conference and the untimeliness and lack of good cause in their subsequent objection. While the objection's timeliness was questioned, the board agreed with the WCJ that a "failed mail procedure" does not constitute good cause for non-appearance. One commissioner dissented, believing the lien claimant's verified assertion of non-receipt of notice should warrant adjudication on the merits.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ClaimDismissalNon-AppearanceLien ConferenceObjection LetterUntimelyGood CauseNotice of Hearing
References
Case No. ADJ771710
Regular
Jan 12, 2012

CRIS PADILLA vs. HCI, INC., NATIONAL UNION FIRE INSURANCE COMPANY

The applicant sought reconsideration of an order suspending workers' compensation benefits for missing two medical evaluations, claiming he never received notice. The Board granted reconsideration, treating the petition as an objection to the original order. The Board rescinded the suspension order and returned the case to the trial judge to determine if there was good cause to set aside the original order. The applicant's claim of lack of notice will now be evaluated for good cause.

Workers' Compensation Appeals BoardPanel Qualified Medical EvaluationsPetition for ReconsiderationGood CauseObjectionRescinded OrderReturned to Trial LevelWCJ
References
Case No. ADJ780584, ADJ7543597
Regular
Feb 25, 2016

Diana Muniz vs. Edward Chen, M.D., The Hartford Insurance Company of the Midwest

The Workers' Compensation Appeals Board (WCAB) granted a lien claimant's petition for reconsideration of an order dismissing their lien. The lien claimant's representative mistakenly appeared at a different hearing, failing to appear at the scheduled lien conference. Despite the WCAB acknowledging the claimant's objection and the error, they affirmed the dismissal of the lien because the claimant failed to demonstrate good cause for their absence, as lien claimants are responsible for appearing at noticed hearings. Therefore, the lien was ultimately dismissed with prejudice due to the failure to appear and lack of good cause.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationOrder Dismissing LienNotice of Intention to DismissLien ConferenceGood CauseFailure to AppearWCJWCAB Rule 10240
References
Case No. ADJ1514704 (ANA 0401964) ADJ2766732 (ANA 0401698)
Regular
Jun 15, 2015

SALVADOR PADILLA vs. CDK PLUMBING, VIRGINIA SURETY COMPANY

The Workers' Compensation Appeals Board (WCAB) is imposing a $1,500 sanction on lien claimant Psychological Assessment Services and its representative, Claribel Palacios. This sanction is for filing a skeletal and unsubstantiated Petition for Reconsideration that lacked reasonable justification. The WCAB also notes that the lien claimant improperly e-filed their objection to the sanctions despite explicit instructions to file it directly with the Commissioners' office. The lien claimant's objection failed to demonstrate good cause to avoid the sanctions.

Petition for ReconsiderationFindings and Order Re: Liensskeletal pleadingreasonable justificationsanctionsObjectiongood causejointly and severallyGeneral Fundjurisdiction returned
References
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