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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. ADJ7237157
Regular
Aug 15, 2013

JUAN ESTRADA vs. R&L BROSAMER, INC.; CHARTIS/AIG

The Workers' Compensation Appeals Board (WCAB) granted removal, rescinded an administrative law judge's (WCJ) order, and otherwise affirmed the WCJ's decision. The rescinded order compelled the applicant, Juan Estrada, to attend a medical examination on July 19, 2013. The WCAB adopted and incorporated the WCJ's report outlining the reasons for this action.

RemovalRescindedMedical ExaminationCompelling AttendanceWCJ OrderPetition for RemovalWorkers' Compensation Appeals BoardAdministrative Law JudgeReport of WCJDecision After Removal
References
Case No. ADJ7709362
Regular
Dec 05, 2011

Gloria Kudelko vs. UNITED SERVICES AUTOMOBILE ASSOCIATION, HARTFORD INSURANCE COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

This case involves a defendant's petition for removal and reassignment of a Workers' Compensation Appeals Board matter. The defendant sought removal of an order from August 9, 2011, which scheduled trial, ordered a claims adjuster to appear, and ordered her to show cause for failing to appear at a prior conference. The Board granted the petition, rescinded the August 9, 2011 order, and returned the case for reassignment to a different WCJ for trial. The Board also stated the current WCJ should proceed with the sanctions issue, allowing the adjuster an opportunity to show good cause for her non-appearance.

Petition for RemovalWCJ SanctionClaims Adjuster AppearanceReassignment WCJMandatory Settlement ConferenceShow Cause OrderIndustrial InjuryWCAB Rule 10453Interlocutory OrderPetition for Reassignment
References
Case No. SFO 0498433
Regular
May 15, 2008

ROGELIO VELASQUEZ vs. HEALTH CERAMICS, LTD., ACCA, INC.

This case concerns the dismissal of a chiropractor's lien for $\$ 12,428.35$ after the lien claimant failed to appear at a mandatory settlement conference. The WCJ dismissed the lien, but the claimant objected, arguing they were unaware of the conference due to an incorrect address on file. Although the WCJ's subsequent attempt to vacate the dismissal was procedurally flawed, the Appeals Board granted reconsideration on its own motion due to the claimant's substantial argument. The Board rescinded the dismissal order and returned the matter to the WCJ for a lien conference to ensure proper resolution.

Workers' Compensation Appeals BoardRogelio VelasquezHealth CeramicsLtd.ACCAInc.SFO 0498433ReconsiderationAppeals Board's MotionWCJ
References
Case No. ADJ17550375; ADJ17550386
Regular
Jul 29, 2025

JOHN RICHARD SEDANO vs. LIVE ACTION GENERAL ENGINEERING INC.; NATIONAL CASUALTY INSURANCE

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a 'Findings of Fact, Award & Order' (F&A) issued on March 24, 2025, by a WCJ, and issued a Notice of Intent to impose sanctions. The WCJ had found that the defendant did not provide a bona fide offer of modified duty to the applicant, John Richard Sedano, and awarded temporary disability. Defendant argued that temporary disability should not have been awarded because an offer of work was made, the award lacked substantial medical evidence, and the WCJ failed to apply apportionment under Labor Code sections 4663 and 4664. The WCAB affirmed the March 24, 2025 F&A and imposed sanctions of $750.00$ jointly and severally against the employer, insurer, administrator, and their attorneys for errors in the petition for reconsideration, including failure to cite the evidentiary record, improperly attaching documents, raising new issues, and citing non-existent legal authority. The Board also found the defendant was equitably estopped from asserting the modified work offer as a bar to temporary disability, and that the modified work offer was independently invalid due to a conflict in medical restrictions.

Temporary DisabilityModified DutyBona Fide OfferApportionmentLabor Code Sections 4663Labor Code Sections 4664SanctionsEquitable EstoppelMaximum Medical ImprovementWork Restrictions
References
Case No. ADJ3015096 (STK 0200853)
Regular
Dec 10, 2009

SANDRA CONCEPCION vs. TRAVIS UNIFIED SCHOOL DISTRICT, NORTH BAY SCHOOLS INSURANCE AUTHORITY

Reconsideration granted for petition to disqualify WCJ and for Finding and Order of October 12, 2009 requiring payment of $23,165.00. WCJ to issue Report detailing evidence supporting decision.

Petition for ReconsiderationDisqualification of WCJFinding and OrderDue ProcessSubstantial EvidenceNotice of IntentionOpinion on DecisionReport and RecommendationWorkers' Compensation Appeals BoardDecision After Reconsideration
References
Case No. ADJ2957106 (VNO 0541600)
Regular
Feb 11, 2014

GLENWOOD KIRBY BUSCHMAN vs. GARY D. DAVIS, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Disqualification of WCJ George Ferris. The Board found the petition to be successive, as it repeated previously denied claims, and moot because the WCJ has retired. Therefore, no further appeal regarding this disqualification is available before the Board.

Petition for DisqualificationSuccessive PetitionMoot PetitionWCJPresiding WCJWorkers' Compensation Appeals BoardAutomatic ReassignmentDenied PetitionCrowe Glass Co.Industrial Accident Commission
References
Case No. ADJ3935287 (LBO 0303736)
Regular
Sep 27, 2019

SANDRA TYLER DOZIER vs. STATE OF CALIFORNIA DEPARTMENT OF MOTOR VEHICLES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to a lien claimant after their lien was dismissed by a WCJ. The dismissal occurred due to alleged failure to appear at a lien conference, but the Board found no proof of service for the Notice of Intention to Dismiss. Lacking evidence of proper service, the dismissal was deemed improper, violating due process. The case is remanded to the WCJ for further proceedings.

Lien claimantPetition for ReconsiderationFindings and OrderNotice of Intention to DismissProof of serviceDue processFair hearingWorkers' Compensation Appeals BoardWCJLabor Code section 4908(b)(3)
References
Case No. ADJ8082805
Regular
Nov 04, 2013

AYMER MIGUELES COTO vs. FUJI FOOD PRODUCTS, INC., NATIONAL UNION FIRE INSURANCE

In this workers' compensation case, the applicant claimed industrial injury to his back, right shoulder, and feet/ankles. The WCJ initially found no industrial injury and ordered that the applicant take nothing. The applicant sought reconsideration, arguing he did sustain an injury and that the WCJ's credibility determination was incorrect, citing a doctor's report. The Appeals Board granted reconsideration but ultimately affirmed the WCJ's original decision, adopting the WCJ's report. Therefore, the applicant's claim was denied.

Workers' Compensation Appeals BoardReconsiderationFindings and OrderIndustrial InjuryBack InjuryShoulder InjuryFoot InjuryAnkle InjuryWarehouse LaborerCredibility
References
Case No. ADJ3070217 (POM 0298265)
Regular
Apr 09, 2012

VICKIE WILLIAMS vs. JUDICIAL COURTS/ADMINISTRATIVE OFFICE OF THE COURTS, ADMINISTERED BY CORVEL CORPORATION

The Workers' Compensation Appeals Board dismissed Vickie Williams' petitions for reconsideration. These petitions sought to set aside reports from two Workers' Compensation Judges (WCJs) that were issued in response to Williams' prior petitions for removal and disqualification. The Board found that the WCJ reports were not final orders subject to reconsideration, and even if they were, the underlying Board orders being reconsidered were procedural, not final. Furthermore, Williams failed to present new evidence or arguments not previously rejected, making her petitions successive and subject to dismissal.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalPetition for DisqualificationWorkers' Compensation Judge (WCJ)Judicial Courts/Administrative Office of the CourtsCorvel CorporationInterim Procedural OrdersFinal OrderNewly Discovered Evidence
References
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