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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. 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. ADJ7485185, ADJ9885267
Regular
Sep 18, 2017

LAURA ORTIZ vs. FARMERS INSURANCE GROUP, MID CENTURY INSURANCE

This Workers' Compensation Appeals Board decision denies a petition for reconsideration, affirming the applicant's timely invocation of jurisdiction to seek additional benefits. The Board adopted the WCJ's reasoning that the applicant's filings of an Application for Adjudication of Claim and an Amended Application, along with documented medical evidence of worsening condition, satisfied the requirements for reopening and seeking further compensation. These actions put the defendants on notice of the applicant's intent to pursue increased benefits, even without a formal petition to reopen.

Petition for ReconsiderationLabor Code section 5410Application for Adjudication of ClaimRiel v. State of CaliforniaBeaida v. Workers' Comp. Appeals Bd.stipulated awardpro perfuture medical treatmentincreased symptomsworsening condition
References
Case No. ADJ9331983
Regular
Oct 21, 2014

VANESSA SABALLOS vs. SEARS HOLDINGS CORP., ACE AMERICAN INSURANCE

The Workers' Compensation Appeals Board granted the applicant's petition for removal due to substantial prejudice and irreparable harm. The applicant, who had recently dismissed her attorney, appeared at a settlement conference without her case file and relevant documents. She is also in the process of securing new legal representation. The Board rescinded the trial setting order, emphasizing that reconsideration would be an inadequate remedy given these circumstances. The case is remanded for a status conference to allow the applicant to obtain counsel and prepare adequately.

Petition for RemovalWCJ OrderSubstantial PrejudiceIrreparable InjuryNew Legal RepresentationDiscoveryStatus ConferenceApplication for Adjudication of ClaimSales AssociatePsyche Injury
References
Case No. ADJ488924 (SDO 0329999) ADJ8455935 ADJ2035939 (SDO 0358767)
Regular
Jun 03, 2013

CRAIG STEVENS vs. PACIFIC BELL TELEPHONE COMPANY, AT&T, SEDGWICK CMS

The Workers' Compensation Appeals Board denied reconsideration of a prior decision that found the applicant's claims for cumulative injury to the neck, back, and bilateral fingers barred by the statute of limitations. The Board also upheld the finding that the applicant's prior compromise and release agreement, settling five workers' compensation claims, was valid and intended to resolve all issues. The applicant's petition for reconsideration was denied based on the WCJ's report, which the Board adopted and incorporated. The Board gave great weight to the WCJ's credibility findings, particularly regarding the applicant's testimony about the compromise and release.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ credibilityGarza v. Workmen's Comp. Appeals Bd.ADJ488924AT&TSedgwick CMScumulative traumastatute of limitationsLabor Code section 5412
References
Case No. ADJ3514782 (VNO 0144032), ADJ918354 (VNO 0144033)
Regular
Oct 08, 2012

Ellen Braswell vs. Los Angeles Unified School District, SEDGWICK CMS

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petitions for Reconsideration because they were filed from interlocutory orders, not final decisions determining substantive rights. Furthermore, the WCAB denied the applicant's Petitions for Removal as she failed to demonstrate substantial prejudice or irreparable harm. Both petitions sought to strike a QME report, which is not a final appealable order. Consequently, the WCAB upheld the WCJ's findings.

WCABPetition for ReconsiderationPetition for RemovalFinding and OrderQME Panelapplicant in propria personafinal ordersubstantive rightinterlocutoryprocedural decision
References
Case No. ADJ7895046
Regular
Dec 28, 2013

DEBRA ROY vs. STATE OF CALIFORNIA/DSS FOOD STAMP EMPLOYMENT TRAINING, STATE COMPENSATION INSURANCE FUND

This Workers' Compensation Appeals Board (WCAB) order dismisses Debra Roy's petition for reconsideration as untimely filed. The original Findings of Fact and Orders were issued on August 1, 2013, and the petition was not filed within the statutory 25-day deadline. Even if timely, the WCAB would have denied the petition on the merits based on the administrative law judge's report. Supplemental documents filed by the applicant did not alter this decision.

Petition for ReconsiderationUntimelyLabor Code section 5903Code of Civil Procedure section 1013Findings of Fact and OrdersIn propria personaWCAB Rules of Practice and ProcedureDismissedAdministrative Law JudgeApplicant's Attorney
References
Case No. ADJ2524386 (LAO 0803654) ADJ2571077 (LAO 0803655)
Regular
Oct 02, 2020

RAUL MARINO vs. COCA-COLA ENTERPRISES, BROADSPIRE

This case concerns a minor amendment to an already approved Compromise and Release agreement between Raul Marino and Coca-Cola Enterprises. The defendant sought to increase the net payment to the applicant by $47.14 and correct the date of injury for one of the cases. The applicant agreed to these changes, and the Board found them to be in the applicant's best interest. Consequently, the Board amended its previous decision to incorporate these agreed-upon modifications.

Compromise and ReleaseAmendmentNet Amount PayableDate of InjuryReconsiderationWorkers' Compensation Appeals BoardSelf-InsuredApplicantDefendantOpinion and Order
References
Case No. ADJ8855485
Regular
Nov 07, 2019

IMELDA SOSA vs. BRAWLEY UNION HIGH SCHOOL DISTRICT, ATHENS ADMINISTRATORS, LIBERTY MUTUAL INSURANCE, SELF-INSURED SCHOOLS OF CALIFORNIA

This case involves an employer's reconsideration request concerning a finding of cumulative trauma injury. The applicant was found to have sustained a cumulative trauma injury through June 13, 2011, resulting in 23% permanent disability and an award for indemnity and future medical treatment. The employer argued against compensable temporary disability for a single day's absence and questioned the applicant's knowledge of the cumulative trauma's industrial cause. The Board affirmed the original award, finding the applicant had knowledge of an industrial injury and suffered disability on June 13, 2011.

Cumulative trauma injuryDate of injuryLabor Code section 5412Compensable temporary disabilityPermanent disabilityIndustrial accident leaveEducation CodeWorkers' Compensation Appeals BoardReconsiderationFindings Award and Order
References
Case No. ADJ6687390
Regular
Sep 28, 2015

GABRIELA OCHOA RODRIGUEZ vs. PERSONA HR, TOWER INSURANCE, ACCUPRINT SERVICES

This case involves an applicant injured while employed as a printer for Persona HR and Accuprint Services, Inc. Persona HR sought reconsideration of a finding of dual employment, arguing it was denied due process by the admission of witness testimony without prior notice. The Workers' Compensation Appeals Board denied reconsideration, finding that any error in admitting the testimony was harmless as it was not relied upon for the decision. The Board affirmed the finding of dual employment based on contract language and emails, noting that an employee can have joint and several liability for compensation benefits from multiple employers.

Workers' Compensation Appeals BoardPersona HRTower InsuranceAccuprint ServicesUninsuredpetition for reconsiderationindustrial injurybilateral wristslumbar spineright knees
References
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