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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. 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. 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. ADJ6613592
Regular
Aug 06, 2010

GIRASOL GARCIA vs. EXPEDIA MEDIA, LLC, ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a prior decision. The Board found that the administrative law judge erred in definitively concluding the employer complied with Medical Provider Network (MPN) notification requirements. Doubts exist regarding whether initial MPN notifications were timely provided at the time of injury. Therefore, the case is returned to the trial level for further development of the evidentiary record and to refine the issues for decision, including the consequences of any improper notice.

MPN notificationTitle 8 California Code of Regulations Section 9767.12Labor Code Section 4616.3Knight v. United Parcel Serviceself-procured medical careadmissibility of medical reportstreatment with physicianreformulate issuesconsequences of failure to give noticecured notice
References
Case No. ADJ8098671
Regular
Jun 27, 2013

MARIA PORTILLO vs. KIM LIGHTING DIVISION OF HUBBELL, LIBERTY MUTUAL INSURANCE

The Workers' Compensation Appeals Board denied a lien claimant's petition for reconsideration of an order dismissing its lien. The dismissal was based on the lien claimant's failure to appear at a properly noticed lien trial, as evidenced by multiple mailings by the defendant that were not returned as undeliverable. The Board found the lien claimant's arguments regarding lack of notice to be unsubstantiated by the record. Additionally, the Board indicated it would consider sanctions against the lien claimant for prosecuting a frivolous petition.

Lien claimantPetition for ReconsiderationOrder Dismissing Lienfailure to appearlien trialNotice of Intention to Dismiss LiensBoard Rule 10562service of noticeOfficial Address Recordsanctions
References
Case No. ADJ6946296
Regular
Sep 19, 2017

MICHELE KELLEY vs. LOMA LINDA UNIVERSITY MEDICAL CENTER

This case involves lien claimants whose liens were dismissed for failing to appear at a hearing noticed as a status conference on attorney's fees. The claimants argued their non-appearance was justified as they believed the hearing did not concern their liens. The Workers' Compensation Appeals Board granted reconsideration, finding the claimants' failure to appear was due to excusable neglect based on the hearing's specific notice. Consequently, the dismissal orders were rescinded, and the matter was returned for further proceedings.

WCABPetitions for ReconsiderationLien ClaimsWCJStatus ConferenceLien ConferenceWCAB Rule 10770.1Failure to AppearExcusable NeglectCode of Civil Procedure section 473(b)
References
Case No. ADJ880264 (AHM 0133336)
Regular
Apr 19, 2017

DANIEL MEDINA vs. CONTROL AIR CONDITIONING, ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board (WCAB) granted the applicant's Petition for Reconsideration and rescinded the dismissal of his case. The dismissal was deemed a violation of due process because the applicant did not receive adequate notice that his case would be dismissed based on his personal appearance at the June 26, 2017 trial or his alleged lack of participation. The WCAB found that the original Notice of Intention to Dismiss was solely based on failure to appear at the May 15, 2017 trial, and the applicant's request for an opportunity to be heard on these issues was improperly denied. Consequently, the matter was returned to the trial level for further proceedings, ensuring the applicant's right to a fair hearing.

Petition for ReconsiderationDismissal of CaseNotice of Intention to DismissDue ProcessFailure to AppearAttorney Calendaring ErrorReport and RecommendationWorkers' Compensation JudgeWCABFindings of Fact
References
Case No. AD J8008305
Regular
Apr 12, 2016

MARCIAL LARA vs. NEMAN BROTHERS AND ASSOCIATES, INC.; FARMERS INSURANCE GROUP

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an order dismissing Dr. Khan's lien with prejudice. The WCAB found that Dr. Khan and his representative, Maximum Medical, Inc., were not properly served with notices of hearings and documents. This lack of notice violated due process, preventing them from appearing and presenting their case at a lien conference. Consequently, the WCAB rescinded the dismissal order and returned the case to the trial level for further proceedings.

Petition for ReconsiderationOrder to Dismiss LienLien ClaimantFailure to AppearDue ProcessNoticeOpportunity to Be HeardWorkers' Compensation Appeals BoardWCJCompromise and Release
References
Case No. ADJ7073544
Regular
Sep 06, 2016

OMAR NUNEZ vs. PETROCHEM INSULATION, INC., AIG CLAIMS

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded the prior dismissal of Omar Nunez's case. The WCAB found that the dismissal for failure to appear at trial violated Nunez's due process rights because no specific Notice of Intention to Dismiss (NIT) was issued for his non-appearance. The prior NIT addressed failure to prosecute, not failure to appear, thus depriving Nunez of an opportunity to object. The case was returned to the trial level for further proceedings.

Petition for ReconsiderationNotice of Intention to DismissFailure to AppearDue ProcessWCAB RulesDismissal Without PrejudiceFailure to ProsecuteViolation of RulesRescind OrderReturn to Trial Level
References
Case No. ADJ7144166
Regular

PAULINA CORTEZ vs. KOOSHAREM CORP. dba SELECT STAFFING, ACE AMERICAN RISK COMPANY, C/O ESIS, INC.

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration, finding it was not a final order. The WCAB granted removal on its own motion to issue a notice of intention to impose sanctions against the lien claimant and its representatives. This action stems from the lien claimant's failure to appear at a properly noticed conference, misrepresentations regarding notice, and violations of procedural rules, constituting bad-faith tactics. Sanctions of $1,000 are proposed jointly and severally against the lien claimant and its representatives for these violations.

Labor Code 5813Rule 10561Petition for ReconsiderationNotice of Intention to DismissRemovalSanctionsBad Faith ActionsFrivolous TacticsLien ClaimantUnnecessary Delay
References
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