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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. FRE 0226319

Regular

Jan 14, 2008

JUAN GUILLEN vs. SENSIENT DEHYDRATED FLAVORS, CHUBB INSURANCE, SPECIALTY RISK SERVICES, INC.

The Workers' Compensation Appeals Board dismissed Juan Guillen's Petition for Reconsideration as untimely, as it was filed over five months after the deadline. Even if it had been timely, the petition would have been denied due to its skeletal nature, lacking any specific arguments or references to the record or law. The WCAB lacks jurisdiction to grant petitions filed outside the statutory timeframe.

Petition for ReconsiderationFindings and Awarduntimely petitionskeletal petitionjurisdictionalLabor Code section 5903Board Rule 10390Board Rule 10846tractor operatorindustrial injury

References

Case No. ADJ8321950

Regular

Apr 30, 2013

JACINTO CORNEJO vs. FOWLER PACKING CO., STAR INSURANCE CO.

The Workers' Compensation Appeals Board denied the defendant's petitions for removal and reconsideration. The Board upheld the finding that the applicant sustained an industrial injury from dehydration, relying on the administrative law judge's credible assessment of the applicant's testimony regarding working conditions and reporting of the injury. The Board agreed that the applicant's testimony was sufficient to trigger a reasonable investigation by the employer, despite the defendant's claims about discovery closure and lack of notice.

Petition for RemovalPetition for ReconsiderationInjurious EventDehydrationAOE/COECredibilityMedical EvidenceDiscovery ClosedBurden of ProofReasonable Investigation

References

Case No. ADJ7392507

Regular

Aug 15, 2011

SALVADOR RODRIGUEZ vs. EBERHARD ROOFING, ZURICH NORTH AMERICA

Applicant seeks reconsideration of a prior decision finding only heat exhaustion and dehydration as his work injury, claiming the arbitrator overlooked back, neck, and leg injuries. The Appeals Board granted reconsideration, rescinded the prior decision, and remanded the case. This action is partly due to the applicant's former attorney's potential abandonment and the need for him to show good cause for withdrawal. The case will return to the arbitrator for further proceedings on the applicant's alleged orthopedic injuries.

Workers' Compensation Appeals BoardReconsiderationFindings and OrderHeat ExhaustionDehydrationBack InjuryNeck InjuryLeg InjuryMedical Provider Network (MPN)Orthopedic Injury

References

Case No. ADJ8063851, ADJ8061988

Regular

Dec 01, 2014

HASSAAN SALAAM, HASAAN SALAAM vs. TRADESMEN INTERNATIONAL, INC., NEW HAMPSHIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board denied reconsideration, upholding the original findings and award for applicant Hassaan Salaam. The defendants' petition argued insufficient evidence for certain injury findings and questioned the connection between dehydration and cumulative trauma. The Board adopted the WCJ's report, which found the evidence supported the award, clarified distinct injury mechanisms, and noted a correctable clerical error in case numbers. Reconsideration was denied, with the case to be returned to the WCJ for correction of the clerical error.

Petition for ReconsiderationWorkers' Compensation Appeals BoardAdministrative Law JudgeJoint Findings and AwardClerical ErrorDehydrationCumulative TraumaWelderMillwrightRepetitive Bending

References

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JUAN GUILLEN vs. SENSIENT DEHYDRATED FLAVORS, CHUBB INSURANCE, SPECIALTY RISK SERVICES, INC.

Petition for ReconsiderationFindings and Awarduntimely petitionskeletal petitionjurisdictionalLabor Code section 5903Board Rule 10390Board Rule 10846tractor operatorindustrial injury

JACINTO CORNEJO vs. FOWLER PACKING CO., STAR INSURANCE CO.

Petition for RemovalPetition for ReconsiderationInjurious EventDehydrationAOE/COECredibilityMedical EvidenceDiscovery ClosedBurden of ProofReasonable Investigation

SALVADOR RODRIGUEZ vs. EBERHARD ROOFING, ZURICH NORTH AMERICA

Workers' Compensation Appeals BoardReconsiderationFindings and OrderHeat ExhaustionDehydrationBack InjuryNeck InjuryLeg InjuryMedical Provider Network (MPN)Orthopedic Injury

HASSAAN SALAAM, HASAAN SALAAM vs. TRADESMEN INTERNATIONAL, INC., NEW HAMPSHIRE INSURANCE COMPANY

Petition for ReconsiderationWorkers' Compensation Appeals BoardAdministrative Law JudgeJoint Findings and AwardClerical ErrorDehydrationCumulative TraumaWelderMillwrightRepetitive Bending