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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. ADJ2769266
Regular
Jul 12, 2013

ROBERT HO vs. JMC MOTORS, SENTRY CLAIMS SERVICE

The Appeals Board rescinded the dismissal of Robert Ho's workers' compensation case, finding his response while incarcerated provided good cause not to dismiss. The dismissal order was based on lack of prosecution, but the Board determined the applicant's communication and subsequent Petition for Reconsideration raised valid issues. Although the applicant's attorney exhibited neglect in responding to dismissal notices, the Board returned the case to the trial level for further proceedings.

Workers Compensation Appeals BoardPetition for ReconsiderationOrder of DismissalLack of Prosecution30-day letterPetition to DismissMinutes of HearingNotice of Intention to DismissCumulative PeriodNervous System Injury
References
Case No. ADJ3982552
Regular
Jan 03, 2014

JAVIER GUTIERREZ vs. T A INDUSTRIES, INC., STATE COMPENSATION INSURANCE FUND

This case involves a workers' compensation applicant, Javier Gutierrez, whose claim was dismissed for lack of prosecution. The applicant argued that his objection to the defendant's dismissal petition and ongoing medical examinations constituted valid reasons against dismissal. The Appeals Board granted reconsideration, finding the applicant's petition was timely filed. Consequently, the Board rescinded the dismissal order and returned the case to the trial level for further proceedings.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder of DismissalLack of ProsecutionWCJE-filingEAMSTimely FilingPrimary Treating PhysicianMedical Examinations
References
Case No. ADJ7172643; ADJ7172641
Regular
Apr 02, 2012

JUSTIN MILLER vs. PF CHANGS CHINA BISTRO, GALLAGHER BASSETT SERVICES, INC.

This case involves an applicant whose workers' compensation claims were dismissed by the WCJ for lack of activity and prosecution. The applicant sought reconsideration, arguing due process violations and non-compliance with dismissal procedures. The Appeals Board denied the petition, finding the applicant's objections vague and lacking specific reasons for the lack of prosecution despite ample opportunity. A dissenting opinion argued that the dismissal constituted an abuse of discretion as the applicant had indicated an intention to prosecute the claim.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationJoint Order Dismissing Applicationswithout prejudicePetition for Dismissallack of activity and prosecutionNotice of Intent to Dismiss Applicationsobjections overruleddue process rights violatedCalifornia Code of Regulations title 8 section 10582
References
Case No. ADJ10190746 ADJ10190618
Regular
Aug 24, 2018

JOSE CARDENAS vs. A&M PROPERTIES, INSURANCE COMPANY OF THE WEST GROUP

In *Cardenas v. A&M Properties*, the Workers' Compensation Appeals Board (WCAB) dismissed a defendant's Petition for Removal. The WCAB found the petition deficient because it was unsigned and unverified, violating WCAB rules. Furthermore, the accompanying proof of service was also unsigned, which is a valid ground for summary dismissal. Consequently, the WCAB ordered the Petition for Removal dismissed.

Petition for RemovalWCAB Rule 10843(b)WCAB Rule 10450(e)WCAB Rule 10450(f)WCAB Rule 10850unsigned petitionunverified petitionproof of servicesummarily dismissingoff calendar
References
Case No. ADJ8205468 ADJ8393473
Regular
Sep 16, 2013

SHARO LEYVA vs. KIMCO STAFFING

The Workers' Compensation Appeals Board dismissed a Petition for Reconsideration by a lien claimant against Kimco Staffing. The dismissal was primarily based on the petition being untimely filed, exceeding the statutory 20-day limit plus 5 days for mailing. Additional grounds for dismissal included the petition's lack of verification, improper service, and failure to state valid grounds for reconsideration. Had these defects not existed, the petition would have been denied on the merits based on the administrative law judge's report.

Petition for ReconsiderationUntimelyDismissedLabor Code Section 5903Code of Civil Procedure Section 1013VerifiedProperly ServedGrounds for ReconsiderationMeritsWorkers' Compensation Appeals Board
References
Case No. ADJ8902882
Regular
Jan 08, 2016

Veronica Sanchez vs. TJX Companies/Marshalls of California, LLC, Zurich American Insurance Company

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a prior dismissal order. The original dismissal was issued because lien claimant Able Physical Therapy failed to appear at a lien conference and did not object to a Notice of Intention to Dismiss. However, the WCAB found that the dismissal order erroneously dismissed the entire application, not just Able's lien, which was the scope of the notice. The WCAB also noted that Able claimed a settlement had been reached prior to the conference.

Petition for ReconsiderationOrder of DismissalLien ConferenceNotice of Intention to DismissWorkers' Compensation Appeals BoardWCJPro PerLien ClaimantSettlementLack of Communication
References
Case No. ADJ9407205
Regular
Jan 05, 2018

ELLIE KAUCHER vs. PACIFIC OAKS EDUCATION CORP., TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board dismissed a lien claimant's Petition for Removal because no order dismissing their lien had been issued, rendering them not aggrieved. Additionally, the petition was dismissed for failing to include proof of service on an adverse party, which is a statutory requirement. The lien claimant failed to appear at a lien conference, prompting a Notice of Intention to Dismiss, but no actual dismissal order was made. Therefore, the Board found the petition procedurally defective and without merit.

Petition for RemovalLien ClaimantOrder of Dismissing LienWorkers' Compensation Appeals BoardNotice of Intention to Dismiss LienProof of ServiceAdverse PartyLabor Code Section 5905Aggrieved PartyLien Conference
References
Case No. ADJ7207713; ADJ7564833 ADJ7225655
Regular
Feb 05, 2013

CARMEN CARRASCO vs. LOS ANGELES DODGERS, ACE INSURANCE COMPANY

This case concerns lien claimants whose liens were dismissed for failing to appear at a lien conference. The Appeals Board granted reconsideration, rescinding the dismissal for Metropolitan Health Medical Group due to insufficient proof of service. However, the dismissals for Kohanim Chiropractic and Marina Kuznetsova were affirmed due to their failure to appear and lack of objection. The matter for Metropolitan Health Medical Group is remanded for further proceedings.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissal of LiensLien ConferenceExcusable NeglectProof of ServiceRescinded DismissalAffirmed DismissalTrial Level ProceedingsCalifornia Code of Regulations
References
Case No. ADJ6834203
Regular
Dec 05, 2013

ROGELIO AVILA vs. EXPRESS SERVICES GROUP, LLC, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) denied reconsideration of an order dismissing Rogelio Avila's case for lack of prosecution. The WCJ issued an intent to dismiss after Avila and his counsel failed to respond to notices and a dismissal petition, despite the admitted industrial injury to his knee. The majority found no good cause to set aside the dismissal. However, one commissioner dissented, arguing for granting reconsideration to allow the case to proceed on its merits, emphasizing the policy favoring substantial justice and the minimal prejudice to the defendant.

Petition for ReconsiderationOrder of DismissalLack of ProsecutionNotice of Intent to DismissIndustrial InjuryPermanent DisabilityTreating PhysicianAppeals Board Rule 10582Pre-dismissal LetterGood Cause
References
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