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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. SJO 208304
Regular
Jun 24, 2008

JAVIER VALDOVINOS vs. LABOR CONNECTION, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, CAMBRIDGE INTEGRATED SERVICES, RELIANCE INSURANCE, KAISER CEMENT CORPORATION, HANSON PERMANENTE CEMENT CO, ROYAL SUN & ALLIANCE INSURANCE

The Workers' Compensation Appeals Board granted CIGA's petition for reconsideration of an arbitrator's decision that denied CIGA's petition for contribution. The Board rescinded the arbitrator's decision and returned the case for further proceedings, finding that crucial Labor Connection documents regarding applicant's special employment by Kaiser Cement were improperly excluded from evidence. This allows for a fuller development of the record on the issue of employment before a new decision is issued.

CIGALabor ConnectionCalifornia Insurance Guarantee AssociationReliance InsuranceliquidationKaiser Cement CorporationHanson Permanente Cement CoRoyal Sun & Alliance InsuranceSpecial EmploymentContribution
References
Case No. ADJ481937 (RIV 0081478)
Regular
Mar 08, 2018

JERRY OLVERA vs. CEMENT UNLIMITED, IMPERIUM INSURANCE COMPANY, ATHENS ADMINISTRATORS

In Olvera v. Cement Unlimited, the Workers' Compensation Appeals Board dismissed a petition for reconsideration because it was untimely filed. The petition was electronically filed one day after the jurisdictional deadline of January 23, 2018, as the Order Dismissing Lien was served by mail on December 29, 2017. The Board reiterated that the filing deadline is jurisdictional and requires actual receipt of the petition, not just proof of mailing. Therefore, the Appeals Board lacked the authority to consider the merits of the petition.

Petition for ReconsiderationUntimely FilingJurisdictional Time LimitWorkers' Compensation Appeals BoardAdministrative Law JudgeService by MailProof of FilingElectronic FilingOrder Dismissing LienMaranian v. Workers' Comp. Appeals Bd.
References
Case No. ADJ10303873
Regular
Jan 13, 2020

Alfred Hunt vs. CEMEX; NATIONAL UNION FIRE INSURANCE COMPANY C/O GALLAGHER BASSETT

The Workers' Compensation Appeals Board affirmed a prior finding that applicant sustained a low back injury while employed as a cement truck driver. Despite applicant's delay in reporting the injury and prior inconsistent statements regarding previous industrial injuries, the Board found his trial testimony credible. The Board relied on the administrative law judge's credibility determination, supported by the QME report, to conclude that the applicant met his burden of proving injury arising out of and in the course of employment. A dissenting commissioner argued that inconsistencies and prior claims warranted rejection of the applicant's credibility.

Workers' Compensation Appeals BoardReconsiderationFindings of Fact and OrderIndustrial InjuryCement Truck DriverCredibilityTimely ReportingBurden of ProofAOE/COEPreexisting Condition
References
Case No. ADJ8820335
Regular
Apr 17, 2017

RAHSHON LOYD vs. DOLAN CONCRETE CONSTRUCTION, OLD REPUBLIC CONTRACTORS INSURANCE GROUP, GALLAGHER BASSETT SERVICES, INC.

This case concerns the calculation of applicant Rahshon Loyd's average weekly earnings (AWE) for temporary disability indemnity following a $100\%$ permanent and total industrial injury. The defendant argued the WCJ erred by calculating AWE based on a presumed 40-hour work week, instead of applicant's actual irregular earnings history. The Appeals Board granted reconsideration, finding that while applicant's earning capacity was relevant, his historical earnings as a union cement mason, even after attaining journeyman status, did not consistently reflect a 40-hour work week. Consequently, the Board amended the decision to calculate AWE as an average of his weekly wage over the three years prior to injury, resulting in a reduced temporary disability rate.

Workers' Compensation Appeals BoardAverage Weekly EarningsTemporary Disability IndemnityLabor Code Section 4453Earning CapacityUnion Cement MasonJourneymanPermanent and Total DisabilityVocational EvaluatorPetition for Reconsideration
References
Case No. ADJ2359824
Regular
Sep 15, 2008

JAVIER VALDOVINOS vs. LABOR CONNECTION, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION by CAMBRIDGE INTEGRATED SERVICES for RELIANCE INSURANCE, in liquidation, KAISER CEMENT CORPORATION / HANSON PERMANENTE CEMENT CO, ROYAL & SUN ALLIANCE INSURANCE

Royal & Sun Alliance's petition for reconsideration of the June 24, 2008 Opinion And Order is denied. The issue of applicant's employment must first be addressed by the Arbitrator.

CIGAliquidationspecial employmentLabor Connectioncontributionreimbursementinterim orderreconsiderationremandArbitrator
References
Case No. OAK 304398
Regular
Sep 20, 2007

ANTHONY GONSALVES vs. HESS CONTRUCTION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision regarding the applicable permanent disability rating schedule. The WCAB found the issue of applying the 1997 versus the 2005 schedule was a final order, making the defendant's petition for removal incorrect but treating it as a petition for reconsideration. The WCAB rescinded the prior order and returned the case for a new decision, requiring the WCJ to reevaluate which schedule applies in light of a recent Court of Appeal decision.

Workers' Compensation Appeals BoardPetition for RemovalPetition for ReconsiderationPermanent Disability Rating Schedule1997 Schedule2005 ScheduleLabor Code § 4660(d)Comprehensive Medical-Legal ReportTreating Physician ReportVera v. Workers' Comp. Appeals Bd.
References
Case No. ADJ11046718
Regular
Jun 03, 2019

FELIX CHAVEZ vs. DPR CONSTRUCTION, NATIONAL UNION FIRE INSURANCE COMPANY, A. RUIZ CONSTRUCTION, ZURICH NORTH AMERICA

This case involves a dispute over the cumulative injury period for Felix Chavez's bilateral carpal tunnel syndrome. The Workers' Compensation Appeals Board granted reconsideration, finding the applicant's date of injury was November 15, 2017, when he became disabled and underwent surgery. Consequently, the Labor Code section 5500.5 liability period was established as February 21, 2017, to November 15, 2017, encompassing employment with both A. Ruiz Construction and DPR Construction. The Board ordered National Fire Insurance Company, as the last carrier on the risk, to administer the claim.

WCABPetition for ReconsiderationCumulative InjuryCarpal Tunnel SyndromeLabor Code Section 5500.5Labor Code Section 5412Date of InjuryLiability PeriodBilateralCement Mason
References
Case No. ADJ18067229
Regular
Jul 10, 2025

RAY GUTIERREZ vs. CMAX COMMERCIAL MAINTENANCE, INC.; PALOMAR SPECIALTY INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) denied the Petition for Reconsideration filed by CMAX COMMERCIAL MAINTENANCE, INC. and PALOMAR SPECIALTY INSURANCE COMPANY (Defendants) regarding the continuation of home health care for applicant RAY GUTIERREZ. The WCAB affirmed the WCJ's finding that the defendants failed to meet their burden of proof to show a change in the applicant's medical condition or circumstances to justify terminating previously authorized ongoing home health care, citing the principles established in Patterson v. The Oaks Farm. The decision also clarified the applicability of Labor Code section 5909 regarding the timeline for acting on reconsideration petitions, which was met by the Board. Commissioner Razo dissented, arguing Patterson should not apply due to the initial limited authorization and that a change in circumstances was evident.

Workers' Compensation Appeals BoardPetition for ReconsiderationLabor Code Section 5909Utilization ReviewPatterson v. The Oaks FarmRequest for AuthorizationChange of CircumstancesHome Health CareMedical NecessityWCJ Report
References
Case No. ADJ125663 (LAO 0884491)
Regular
Nov 06, 2014

ALFONSO RODRIGUEZ vs. CONCO CEMENT COMPANY, ZURICH AMERICAN INSURANCE

The Workers' Compensation Appeals Board (WCAB) dismissed reconsideration of a Notice of Intention to Dismiss (NIT) liens totaling $43,545.00. The WCAB found that an NIT is an interlocutory order not subject to reconsideration. However, the WCAB returned the case to the trial level for the administrative law judge to consider the lien claimants' petition as a timely objection. The judge will determine if good cause exists to avoid dismissal, ensuring the lien claimants' due process rights.

Workers' Compensation Appeals BoardLien ClaimantsNotice of Intention to DismissLien ConferenceGood CauseReconsiderationInterlocutory OrderFinal OrderDue ProcessLien Disallowance
References
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