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

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. ADJ11125540, ADJ11127934, ADJ11125539
Regular
Feb 11, 2020

ALONDRA SUASTEQUI vs. SOUTHEAST PERSONNEL LEASING, STATE NATIONAL INSURANCE

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The Board affirmed the finding that the applicant did not sustain claimed injuries, upholding the administrative law judge's decision that the applicant take nothing. Crucially, the applicant failed to provide evidence that a claim form was properly filed with the employer, thus not triggering the 90-day presumption of compensability under Labor Code section 5402. The Board also found any error in admitting denial letters was harmless, as they were not necessary to the conclusion.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and Orderspecific trauma injurycumulative trauma injuryWCJ credibility determinationLabor Code section 5402presumption of compensabilitydenial letterspre-trial conference statement
References
Case No. ADJ10841110
Regular
Apr 28, 2025

RODRIGO PORTILLO vs. TALTECH CONSTRUCTION INC, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted lien claimant Physical Rehabilitation Services' petition for reconsideration regarding a WCJ's decision that found Rodrigo Portillo's employment was not established and that defendant Taltech Construction Inc. and State Compensation Insurance Fund were not liable for treatment costs. The lien claimant argued error in applying Labor Code section 5402 regarding a defective denial letter. The Board's decision is not a final order on the merits but defers a final decision pending further review of the factual and legal issues.

Lien claimantPetition for ReconsiderationLabor Code section 5402delay periodemployment statusdenial letterdefectstatute of limitationstransmission of caseEAMS
References
Case No. ADJ7503292
Regular
Mar 26, 2013

RIGOBERTO MENDOZA vs. PIZZA MIZZA, GUARD INSURANCE GROUP

The Workers' Compensation Appeals Board denied Rigoberto Mendoza's petition for reconsideration, upholding the Workers' Compensation Administrative Law Judge's (WCJ) finding that Mendoza did not sustain the alleged industrial injury. The WCJ's decision was based on an evaluation of witness credibility and inconsistencies in Mendoza's account of the injury. Specifically, the WCJ found the employer's testimony more credible regarding the timing and nature of the reported injury. The Board gave great weight to the WCJ's credibility determination, leading to the denial of reconsideration.

WCABPetition for ReconsiderationDenialCredibilityGarza v. Workers' Comp. Appeals Bd.ApplicantEmployerIndustrial InjuryBack InjuryLeg Injury
References
Case No. ADJ14953769
Regular
Feb 28, 2023

MANUEL DE JESUS CHAVAC vs. 99 CENTS ONLY STORES, LLC, ATHENS ADMINISTRATORS

The applicant sought reconsideration of a WCJ's finding that QME Panel No. 7480460 was valid. The applicant argued the panel was invalid because the defendant failed to serve the denial letter on the applicant's attorney, thus violating due process and Labor Code section 4062.2. The Appeals Board granted reconsideration, finding the defendant's denial letter was improperly served, preventing the applicant's attorney from objecting. Consequently, QME Panel No. 7480460 was deemed invalid, and the parties were ordered to proceed with Panel No. 7483530.

Workers' Compensation Appeals BoardQualified Medical EvaluatorQME PanelLabor Code section 4060Administrative Director Rule 30(b)Petition for ReconsiderationFindings of Fact and OrderInjury AOE/COEDenial of LiabilityService of Process
References
Case No. ADJ1882653 (VNO 0549022)
Regular
Jan 28, 2011

CESAR LOPEZ, SR. vs. BARRETT BUSINESS SERVICES

The Workers' Compensation Appeals Board granted reconsideration and rescinded the previous award finding industrial injury. The Board determined that while the defendant initially provided some medical treatment, thus triggering the five-year statute of limitations under Labor Code section 5410, this period was tolled. Once the defendant issued a denial notice on February 24, 2006, the one-year statute of limitations commenced, and the applicant's subsequent claim, filed more than one year after the denial, was consequently barred.

Workers' Compensation Appeals BoardStatute of LimitationsLabor Code Section 5410Labor Code Section 5405Industrial InjuryPetition for ReconsiderationFindings and AwardRescindedTollingDenial Letter
References
Case No. ADJ11535411
Regular
Jul 19, 2019

TERRI HARRISON vs. CITY OF TORRANCE

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration, overturning a prior ruling that presumed the applicant's injury compensable due to a late denial. The Board found that the defendant's denial letter, mailed on December 26, 2018, was timely because the 90-day presumption period expired on December 25, 2018, a court holiday, making the next business day the deadline. The employer's inability to definitively prove the claim form's receipt date led the Board to infer a receipt date of September 26, 2018, thus making the December 26 denial compliant with Labor Code section 5402. Consequently, the applicant's injury is not presumed compensable.

Labor Code section 5402presumption of compensabilitytimely denialclaim form filing dateCode of Civil Procedure section 1013WCAB Rule 10507(a)court holidaybusiness day extensionPetition for ReconsiderationFindings and Order
References
Case No. ADJ15763825
Regular
Sep 16, 2025

CLAUDIO CARDOZO vs. ROCK AND ROLL CAR WASH, REDWOOD FIRE AND CASUALTY INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the Petition for Reconsideration filed by Redwood Fire and Casualty Insurance Company dba Berkshire Hathaway Homestate Companies. The petition challenged a lien trial decision concerning a medical-legal evaluation performed by Dr. Michaels of Premier Psychological Services. The WCJ found that a medical dispute regarding psyche existed at the time of the evaluation, Dr. Michaels was validly designated as the Primary Treating Physician, and the evaluation was not barred by the 60-day rule for new claims as it was an amendment to an already accepted claim. The Appeals Board adopted the WCJ's reasoning and denied the petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationLabor Code Section 5909Adjudication NumberOpinion and Order Denying PetitionWCJ ReportEAMS TransmissionNotice of TransmissionProof of ServiceFindings and Order
References
Case No. ADJ9334882
Regular
May 20, 2019

MARIA CASTANEDA vs. ARAMARK, ACE AMERICAN INSURANCE COMPANY

This Workers' Compensation Appeals Board decision grants reconsideration of a prior ruling. The Board adopted the Judge's report, finding that the witness's credibility determination was entitled to great weight and no substantial evidence contradicted it. Consequently, the Board affirmed the prior decision but amended specific findings and struck a portion of the award. The employer's denial of injury to the applicant's left shoulder was determined to be not unreasonable.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportcredibility determinationGarza v. Workmen's Comp. Appeals Bd.affirm decisionstrike paragraph Camend Findings of Factdenial of injuryleft shoulder
References
Case No. ADJ612384
Regular
Jun 04, 2009

ROSARIO LOPEZ vs. READY PAC PRODUCE, GALLAGHER BASSETT

This case involves applicant Rosario Lopez's petition for removal to the Workers' Compensation Appeals Board (WCAB). The petition, seeking to rescind an order taking the case off calendar, was dismissed because it was not verified, a mandatory requirement under WCAB rules. While the applicant argued for compensability under Labor Code section 5402(b) due to an untimely denial and preclusion of a QME under section 4062.2, these merits were not reached. The WCAB adopted the WCJ's report which, if it had reached the merits, would have denied the petition.

Petition for RemovalUnverified PetitionWCJ ReportQualified Medical EvaluationsLabor Code Section 5402(b)Labor Code Section 4062.2WCAB Rule 10843(b)DismissalTimely DenialInadequate Denial
References
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