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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. ADJ887768 (MON 0029718) ADJ4445992 (MON 0029719)
Regular
Jul 31, 2014

BERNARD BILLIK vs. HUGHES AIRCRAFT, WAUSAU INSURANCE COMPANY, LIBERTY MUTUAL INSURANCE COMPANY

This case concerns a Petition for Removal filed by defendants Hughes Aircraft and their insurers. The Workers' Compensation Appeals Board (WCAB) denied the petition, emphasizing that removal is an extraordinary remedy rarely granted, especially after trial has commenced or concluded. The WCAB found that the petitioners failed to demonstrate substantial prejudice or irreparable harm from denial. The Board concluded that reconsideration following a final adverse decision would be an adequate remedy for the defendants.

Petition for RemovalExtraordinary RemedySubstantial PrejudiceIrreparable HarmReconsiderationWCJ ReportSubmitted for DecisionAdverse DecisionFinal DecisionWorkers' Compensation Appeals Board
References
Case No. ADJ10725398 ADJ10725452
Regular
Mar 05, 2020

SHARON LAROSA vs. DRAKE ENTERPRISES, INC., dba BIG D PRODUCTS, PRO CENTURY INSURANCE COMPANY, ILLINOIS MIDWEST INSURANCE AGENCY, LLC

The Workers' Compensation Appeals Board denied the Petition for Removal, finding removal to be an extraordinary remedy not warranted here. The Board concluded the petitioner failed to demonstrate substantial prejudice or irreparable harm, or that reconsideration would be inadequate. Furthermore, the Board found the defendant's oral motion for reassignment untimely, as Labor Code § 5700 generally requires the same judge to conclude proceedings once assigned. The dissenting opinion argued for removal, asserting the defendant's motion for reassignment was timely under WCAB Rule 10453, as they were first notified of the assigned judge at the MSC and no testimony had been taken.

Petition for RemovalAppeals BoardWorkers' Compensation Administrative Law JudgeSubstantial PrejudiceIrreparable HarmReconsiderationLabor Code Section 5700Automatic ReassignmentMandatory Settlement ConferenceWCAB Rule 10453
References
Case No. ADJ3512142 (MON 0288509)
Regular
Jan 12, 2009

JOSE LUIS LARA vs. BRATIFF HOME CORP. dba METRO DINER and SCOTT BROFFMAN as substantial shareholder; UNINSURED EMPLOYERS BENEFIT TRUST FUND

The Appeals Board reversed the WCJ's finding that the applicant was an employee of Metro Diner on the date of injury, concluding that he was an independent contractor.

Workers' Compensation Appeals BoardBratiff Home Corp.Metro DinerScott BroffmanUninsured Employers Benefit Trust FundADJ3512142MON 0288509Opinion and Order Granting ReconsiderationDecision After ReconsiderationAdministrative Law Judge
References
Case No. LAO 0870433
Regular
Mar 21, 2008

FRAN WOODMANSEE vs. CALIFORNIA AMERICAN WATER COMPANY, THE TRAVELERS

The petitioner withdrew their Petition for Reconsideration of the February 1, 2008 decision. Consequently, the Workers' Compensation Appeals Board has dismissed the petition. This order concludes the reconsideration process for this specific petition.

Petition for ReconsiderationWithdrawn PetitionDismissed PetitionWorkers' Compensation Appeals BoardCalifornia American Water CompanyThe TravelersLAO 0870433Order of Dismissal
References
Case No. ADJ8210063, ADJ8621818
Significant

Grace Nunes, Applicant vs. State of California, Dept. of Motor Vehicles, Legally Uninsured; State Compensation Insurance Fund, Adjusting Agency

The Appeals Board rescinded a workers' compensation judge's finding of 100% industrial disability, concluding that the vocational and medical records were incomplete on the issue of apportionment and returned the case to the trial level for further proceedings.

En Banc DecisionReconsiderationFindings of Fact and AwardMotor Vehicle Field RepresentativeIndustrial InjuryNeck InjuryUpper Extremity InjuryLeft Shoulder InjuryBilateral Upper ExtremitiesUnapportioned Award
References
Case No. ADJ9260544
Regular
May 13, 2014

JOSE ARAIZA vs. FOSTER FARMS

The Workers' Compensation Appeals Board dismissed Jose Araiza's petition for reconsideration of a February 24, 2014 decision. The dismissal was based on the petitioner's withdrawal of the reconsideration request. This action concludes the reconsideration process initiated by Araiza.

Petition for ReconsiderationWithdrawnDismissedWorkers' Compensation Appeals BoardFoster FarmsSelf-insuredADJ9260544Fresno District OfficeApplicantDefendant
References
Case No. ADJ2844570 (SJO 0266373) ADJ4420741 (SJO 0267631) ADJ3297316 (SJO 0267632)
Regular
Jan 04, 2013

VERNA PARKS vs. BRADDOCK & LOGAN, SEABRIGHT INSURANCE COMPANY

The Workers' Compensation Appeals Board has dismissed Verna Parks' Petition for Reconsideration. The petitioner formally withdrew the petition, rendering it moot. Consequently, the Board issued an order dismissing the reconsideration of the October 17, 2012 decision. This action concludes the reconsideration phase of this case.

Petition for ReconsiderationDismissedWithdrawnWorkers' Compensation Appeals BoardApplicantDefendantsCase NosOrderDecisionConcur
References
Case No. ADJ15203597; ADJ15203084; ADJ15203598
Regular
Aug 04, 2025

FRANCISCO AGUIRRE vs. CALIFORNIA DRYWALL CO.; THE HARTFORD

The Workers' Compensation Appeals Board considered a Petition for Removal. The Board denied the petition, stating that removal is an extraordinary remedy rarely granted. The petitioner failed to demonstrate substantial prejudice or irreparable harm, nor did they show that reconsideration would not be an adequate remedy. Therefore, the Board concluded that the petition should be denied.

Petition for RemovalExtraordinary RemedySubstantial PrejudiceIrreparable HarmReconsiderationAdequate RemedyWCJ ReportAppeals BoardCalifornia Drywall Co.The Hartford
References
Case No. ADJ9032579
Regular
Oct 28, 2016

EDWARD DUARTE vs. HOFFMAN CONSTRUCTION COMPANY, NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA ADJUSTED BY AIG

This case involves Edward Duarte and his employer, Hoffman Construction Company, and their insurer. The Workers' Compensation Appeals Board issued an order dismissing a Petition for Removal previously filed by a petitioner. This dismissal occurred because the petitioner voluntarily withdrew the petition. Therefore, the appeal is concluded based on the withdrawal.

Petition for RemovalDismissalWorkers' Compensation Appeals BoardHoffman Construction CompanyNational Union Fire InsuranceADJ9032579Oakland District OfficeAugust 22 2016 decisionwithdrawn petitionDeidre E. Lowe
References
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