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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. ADJ3057068
Regular
Nov 01, 2010

Cecilio Torres vs. Holbrook Construction, Inc., Lincoln General Insurance Company, American Claims Management, State Compensation Insurance Fund

The Workers' Compensation Appeals Board granted reconsideration, rescinded a prior decision, and returned the case for further proceedings. The applicant claimed a back and other injuries, alleging he notified his supervisor of the incident and subsequent pain before termination. The Board found the applicant met his burden to prove he provided sufficient notice of injury to his supervisor prior to termination, fulfilling the notice requirement of Labor Code section 3600(a)(10). Defendants failed to rebut the applicant's evidence that he reported the injury and requested medical treatment from his supervisor.

Workers' Compensation Appeals BoardReconsiderationLabor Code Section 3600(a)(10)Notice of InjuryTerminationPreponderance of EvidenceSupervisor NoticeActual NoticeEmployer KnowledgeWCJ Decision
References
Case No. LAO 823855, LAO 823856
Regular
Oct 03, 2007

PEDRO M. RODRIGUEZ vs. RALPHS GROCERY COMPANY

The applicant sought reconsideration of a denial of workers' compensation benefits, which was based on the finding that his claims were filed after notice of termination. The Board affirmed the denial, concluding that the applicant's job abandonment led to a termination prior to the filing of his claims. The Board also determined that the employer properly denied both the specific and cumulative trauma claims, thus negating a presumption of compensability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderFindings of FactAdministrative Law JudgeApplicantDefendantRalphs Grocery CompanySecurity GuardIndustrial Injury
References
Case No. ADJ3395089 (STK 0177203)
Regular
Mar 20, 2009

ROBERT MILLER vs. CAROL-CARTER DESIGN & CONSTRUCTION, STATE COMPENSATION INSURANCE FUND

This case concerns a monetary sanction proposed against attorney Michael Linn by the Workers' Compensation Appeals Board (WCAB). Linn objected to the sanction, claiming he was denied due process due to a discrepancy in the service date of the WCAB's Notice of Intention. While the Notice stated a February 13, 2009 service date, Linn's evidence indicated actual service on February 17, 2009. Despite this, the WCAB acknowledges the discrepancy but notes Linn's objection was timely based on the actual service date. Consequently, the WCAB grants Linn an additional five days to file further objections.

Workers' Compensation Appeals BoardMonetary SanctionsMichael LinnEsq.Notice of IntentionGood CauseDue ProcessRequisite NoticeObjectionsTimely Response
References
Case No. ADJ17569878
Regular
Apr 28, 2025

Marvin Pineda Contreras vs. Southwest Plastering, Inc.; Zenith Insurance Company

Lien Claimant Oracle Imaging Riverside sought reconsideration of an Order Dismissing Lien issued on December 23, 2024, by the WCJ, following its alleged failure to object to a notice of intention to dismiss. Oracle contended it had not received proper notice of the hearing date, attributing this to the Appeals Board not sending notifications to its P.O. Box. The Appeals Board dismissed the Petition for Reconsideration as premature, returning the matter to the trial level for the WCJ to consider the Petition as one seeking to set aside the Order Dismissing Lien. The Board noted that any aggrieved party may seek reconsideration after the WCJ issues a subsequent decision.

Petition for ReconsiderationOrder Dismissing LienLien ClaimantNotice of IntentionFailure to AttendProper NoticeBad AddressReport and RecommendationCompromise and Release AgreementOrder Approving Compromise and Release
References
Case No. ADJ4718149 (GRO 0034104) ADJ708995 (GRO 0034105)
Regular
Jul 03, 2012

ART QUIROS vs. SUPERIOR TANK COMPANY, INC., SEABRIGHT INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and rescinded an earlier order awarding reimbursement to the Employment Development Department (EDD). The Board found that EDD's claim for reimbursement was invalid because EDD failed to provide the defendant with proper written notice of the lien claim and its extent, as required by Labor Code section 4904(a). Although EDD argued oral notice was given at hearings, the Board held that statutory law mandates written notification for a lien to be valid. Therefore, EDD's claim for reimbursement was disallowed.

Workers' Compensation Appeals BoardSuperior Tank CompanySeabright Insurance CompanyEmployment Development Departmentlien claimCompromise and Releasewritten noticeLabor Code section 4904(a)actual or constructive noticetemporary disability benefits
References
Case No. ADJ10110073
Regular
Aug 19, 2016

JAROD HANDEL vs. CONFERENCE DIRECT, LLC, THE HARTFORD SACRAMENTO

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to amend a prior finding. The Board affirmed the finding of injury to the applicant's back but removed the finding of injury to his sleep due to insufficient evidence. The WCAB found that the statute of limitations did not bar the claim because the defendant failed to prove they provided adequate notice of workers' compensation rights to the applicant, who credibly testified about his injury and subsequent surgery.

WORKERS' COMPENSATION APPEALS BOARDPETITION FOR RECONSIDERATIONFINDINGS OF FACTLABOR CODE SECTION 5405STATUTE OF LIMITATIONSSUBSTANTIAL MEDICAL EVIDENCEAPPLICATION FOR ADJUDICATIONAFFIRMATIVE DEFENSEBURDEN OF PROOFACTUAL NOTICE
References
Case No. OXN 0145183
Regular
May 06, 2008

IMELDA GARCIA vs. COLOMOS BERRY FARMS, INC., ZENITH INSURANCE COMPANY, A Corporation

The Workers' Compensation Appeals Board granted reconsideration, rescinded a prior dismissal order, and returned the case to the trial level because the lien claimant was not properly served with the Notice of Intention to Dismiss. This lack of notice deprived the lien claimant of an opportunity to object to the dismissal, and their petition for reconsideration was timely filed upon actual receipt of the dismissal order. Consequently, the matter will proceed with further proceedings at the trial level.

Workers' Compensation Appeals BoardLien claimantReconsiderationDismissal with prejudiceLack of prosecutionNotice of Intention to DismissOfficial Address RecordServicePetition for reconsiderationIndustrial injury
References
Case No. ADJ6953801
Regular
Oct 29, 2015

EDGAR CANO vs. NORTHROP CONSTRUCTION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded an order sanctioning three individuals because there was no proof of proper service of the Notice of Intention to Impose Sanctions or the Order of Sanctions on them. The Board found that a fundamental requirement of due process, actual notice, was not met. Although the WCJ was aware two individuals were outside California, service attempts were insufficient. Therefore, the sanctions were rescinded due to the failure to establish jurisdiction through proper service.

Order of SanctionsPetition for ReconsiderationWorkers' Compensation Appeals BoardFailure to AppearProof of RepresentationLien ClaimantAccess MediquipWCJ Exceeded AuthorityLack of JurisdictionOut-of-State Residents
References
Case No. ADJ581749 (VNO 0529719)
Regular
Jul 02, 2012

ARLENE HITE vs. TEPCO (STANDARD ABRASIVES, INC.), EVEREST NATIONAL INSURANCE COMPANY, CLARENDON NATIONAL INSURANCE COMPANY

This case concerns Clarendon National Insurance Company's petition for reconsideration of an arbitrator's contribution award. Clarendon argued it should not be liable for contribution because it was joined as a defendant over a year after the underlying cumulative trauma claim was settled. The Board denied reconsideration, finding that Clarendon received timely actual notice of Everest's contribution claim within one year of the settlement approval. Therefore, despite the delay in formal joinder, Clarendon cannot show prejudice and is liable for its share of the contribution award.

Workers' Compensation Appeals BoardPetition for ContributionLabor Code section 5500.5Cumulative traumaCompromise and releaseOrder of JoinderNunc pro tuncActual noticeTimely noticePrejudice
References
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