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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ6959869
Regular
Nov 12, 2013

DAVID BODIN vs. ENTERTAINMENT PARTNERS, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, CHARTIS CLAIMS INC.

The Workers' Compensation Appeals Board granted reconsideration of an order that dismissed "Entertainment Partners" as a party defendant with prejudice. The applicant sought to have the dismissal be without prejudice to allow for potential rejoining of the defendant. The Board agreed with the judge's recommendation to amend the dismissal order. Therefore, Entertainment Partners is dismissed without prejudice, allowing the applicant to potentially rejoin them if further discovery warrants.

Workers Compensation Appeals BoardPetition for ReconsiderationOrder Dismissing Party DefendantsCumulative Trauma InjuryDismissal Without PrejudiceFinal OrderSubstantive RightLiabilityWorkers' Compensation Administrative Law JudgeRejoin Defendant
References
Case No. ADJ10793351
Regular
Sep 23, 2019

PHILLIP PUCCIARELLO vs. UNIVERSAL PROTECTION SERVICE, permissibly self-insured dba ALLIED, UNIVERSAL SECURITY, ESIS CHATSWORTH

The Workers' Compensation Appeals Board (WCAB) dismissed defendant's petition for reconsideration because the WCJ's order denying dismissal was not a final order. However, the WCAB granted the defendant's petition for removal. The WCAB found the defendant's initial notice of intent to dismiss was properly served and rescinded the WCJ's denial of dismissal. The matter was returned to the WCJ to issue a ten-day notice of intention to dismiss for failure to prosecute, as defendant's independent investigation of mail delivery was improper.

WCABPetition for ReconsiderationPetition for RemovalWCAB Rule 10582Petition to DismissFailure to ProsecuteOrder Denying Petition for DismissalApplicantDefendantAdministrative Law Judge
References
Case No. ADJ7684339
Regular
Apr 28, 2014

CARL GREENWOOD vs. GREEN BAY PACKERS, ZURICH INSURANCE COMPANY, HOUSTON THUNDERBEARS, TRAVELERS

The Workers' Compensation Appeals Board granted removal to join the Houston Thunderbears and their insurer Travelers as defendants. This decision rescinded the prior denial of joinder, finding that the Thunderbears had previously appeared and accepted coverage for the applicant's cumulative injury claim. The Board determined that joinder was appropriate to ensure due process and judicial economy, especially given allegations of the applicant working in California during their last year of injurious exposure with the Thunderbears. The case is returned to the trial level for further proceedings.

Workers' Compensation Appeals BoardPetition for RemovalJoinder of DefendantCumulative InjuryJurisdictionInjurious ExposureParty DefendantInsurerDue ProcessJudicial Economy
References
Case No. ADJ8231311
Regular
Mar 29, 2013

RON JENSEN vs. STEVENS CREEK TOYOTA, AUTO DEALERS COMPENSATION OF CALIFORNIA (ADCOMP), CORVEL CORPORATION

The Workers' Compensation Appeals Board denied a petition for reconsideration, upholding a finding that Ron Jensen's claim for a March 11, 2005 injury was not barred by the statute of limitations. The WCJ determined the statute was tolled due to the defendant's failure to provide proper notice of benefits. The defendant argued the applicant was repeatedly notified of time limitations, but the Board adopted the WCJ's credibility determination regarding the defendant's misstatements about permanent disability. A dissenting opinion argued the claim was time-barred, asserting the applicant received timely notices and that the defendant's assessment of no permanent disability was factually supported by medical reports at the time.

Workers' Compensation Appeals BoardStatute of LimitationsReconsiderationFindings and OrderApplicantDefendantWCJTolledNotice of BenefitsPermanent Disability
References
Case No. ADJ10632725, ADJ10632722
Regular
Mar 11, 2019

NORMA MENJIVAR vs. TOSCA FASHIONS, INC.; ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal in this case. Removal is an extraordinary remedy granted only upon a showing of substantial prejudice or irreparable harm. The Board found that the defendant failed to demonstrate such harm or that reconsideration would be an inadequate remedy. Additionally, the defendant did not follow procedural requirements, such as filing a Declaration of Readiness to Proceed, to address the dispute.

Workers' Compensation Appeals BoardPetition for Removalsubstantial prejudiceirreparable harmreconsiderationDeclaration of Readiness to ProceedAmaras v. Deluxe LaboratoreisWCJ reportextraordinary remedyapplicant
References
Case No. ADJ2005166 (RIV 0075472)
Regular
Feb 01, 2013

JESUS BRENES vs. VESLEY GROUP WEST, VIGILANTE INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) denied the defendant's Petition for Reconsideration. The WCAB adopted and incorporated the findings and reasoning of the workers' compensation administrative law judge. Furthermore, the defendant was admonished for attaching unnecessary documents to their answer, violating board rules, and warned of potential sanctions. This order signifies the final denial of the defendant's request for review.

Order Denying ReconsiderationWCAB Rule 10842ApplicantDefendantPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeWCJSanctionsIncorporated ReportOfficial Address Record
References
Case No. ADJ11275154
Regular
Jul 09, 2018

CAROL JACKSON vs. TNG, ACE AMERICAN INSURANCE COMPANY, LIBERTY MUTUAL

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration of an award. The defendant argued the award's indemnity rate and total value were based on a mutual mistake of fact. However, the applicant denied any mutual mistake regarding the rate. The Board found the defendant's mistake appeared unilateral and caused by neglect, thus upholding the original award.

Stipulations with Request for AwardPermanent disability indemnity rateMutual mistake of factPetition for ReconsiderationUnilateral mistakeGood causeLabor Code Section 5702Workers' Compensation Appeals BoardWCJApplicant
References
Case No. ADJ3274679
Regular
Jun 26, 2012

PATCHES CONWAY vs. ARCHITECTURAL ART MANUFACTURER, CHARTIS

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration because the defendant voluntarily withdrew it. The defendant had initially sought to set aside an Order Approving Compromise and Release, alleging an inadvertent clerical error by the applicant. However, the issue was resolved when the applicant corrected the error and the Appeals Board incorporated the amendments. Therefore, no further action was required on the reconsideration petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationCompromise and ReleaseOrder Approving Compromise and ReleaseSet Aside OrderInadvertent ErrorClerical ErrorIncorporate by ReferenceDismissed PetitionStatus Conference
References
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