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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. ADJ 1153404
Regular
Sep 04, 2008

Barbara Clark vs. SAN JOAQUIN COMMUNITY HOSPITAL, ADVENTIST HEALTH SYSTEM

Applicant's petition for reconsideration is dismissed as untimely. Reconsideration is granted for Dr. Tepper's petition, with his deposition fee set at $250/hour, allowing him to contest the fee afterward under Labor Code section 5307.6(c).

Workers' Compensation Appeals BoardReconsiderationDismissing ReconsiderationGranting ReconsiderationDecision After ReconsiderationPetition for ReconsiderationFindings and AwardLabor Code section 5903(b)FraudDiscovery Orders
References
Case No. ADJ6570033
Regular
Jan 26, 2011

CLORIA HERRERA vs. CIVIL DEMAND ASSOCIATES, STATE FARM FIRE & CASUALTY COMPANY

This Workers' Compensation Appeals Board (WCAB) case concerns a lien claimant, Bell Community Medical Group, seeking reconsideration of an order awarding them only $1,200. The lien claimant argued the awarded amount was significantly less than the $4,477.27 value of their services under the Official Medical Fee Schedule. They also claimed a denial of due process by not being allowed to present expert testimony or exhibits. The WCAB denied reconsideration, adopting the Judge's report which found the petition timely and verified despite initial concerns.

Workers' Compensation Appeals BoardLien claimantReconsiderationOfficial Medical Fee ScheduleDue processBill review expertAdministrative law judgePetition for ReconsiderationProof of ServiceLabor Code section 5903
References
Case No. ADJ7673518
Regular
Jun 18, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION/CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The defendant, AO-The University Corporation/California State University Northridge, sought reconsideration of a prior decision finding the applicant sustained an industrial neck injury on January 24, 2011. Defendant argued the applicant's alleged dishonesty under oath invalidated the injury report. However, the Board previously found sufficient additional evidence supported the industrial injury finding, even considering credibility issues. The Board denied the Petition for Reconsideration, reaffirming its prior decision.

Petition for ReconsiderationOpinion and Order Granting Petition for ReconsiderationDecision After Reconsiderationindustrial injuryneck injurylied under oathcredibilitysufficient additional evidenceWorkers' Compensation Appeals BoardAO-The University Corporation
References
Case No. SDO 0336073
Regular
May 19, 2008

JACK T. GOSLIN vs. CITY OF AVALON

In *Goslin v. City of Avalon*, the Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration of a decision filed March 4, 2008. The WCAB determined that reconsideration was necessary to thoroughly review the factual and legal issues and ensure a just and reasoned decision. All future filings in this matter are to be directed to the WCAB's Reconsideration Unit in San Francisco.

Workers' Compensation Appeals BoardReconsiderationPetition for ReconsiderationDecision After Reconsiderationstatutory time constraintsfactual and legal issuesPermissibly Self-InsuredSDO 0336073Reconsideration UnitSan Francisco District Office
References
Case No. ADJ7433112
Regular
Mar 09, 2016

BYRON IRVING vs. JP MORGAN CHASE, administered by LIBERTY MUTUAL INSURANCE

This case involves a petition for reconsideration filed by the defendant, JP Morgan Chase, against a Workers' Compensation Appeals Board decision. The Board has granted reconsideration based on an initial review, deeming it necessary for a thorough understanding of the factual and legal issues. Further proceedings are anticipated to facilitate a just decision. All future correspondence regarding the petition must be filed directly with the Appeals Board, not district offices or e-filed, until a decision after reconsideration is issued.

Workers' Compensation Appeals BoardReconsiderationPetition for ReconsiderationOrder Granting ReconsiderationBYRON IRVINGJP MORGAN CHASELIBERTY MUTUAL INSURANCEADJ7433112Los Angeles District OfficeOpinion and Order
References
Case No. SAC 342547
Regular
Jun 06, 2008

CLIFFORD J. FARIA vs. BEST BUY COMPANY, ACE AMERICAN INSURANCE COMPANY

The Appeals Board granted reconsideration and rescinded the prior order, returning the case to the trial level for further proceedings. This decision addresses disputes regarding the applicant's right to change treating physicians, the defendant's Medical Provider Network (MPN) obligations, and the calculation of the applicant's average weekly earnings. The Board requires further development of the record on these key issues.

Workers' Compensation Appeals BoardBest Buy CompanyAce American Insurance CompanyClifford FariaOpinion and Order Granting ReconsiderationDecision After ReconsiderationAdministrative Law Judge (WCJ)Treating PhysicianMedical Provider Network (MPN)Temporary Disability Indemnity
References
Case No. ADJ1709868 (OAK 0322846) ADJ3671153 (OAK 0322847)
Regular
Mar 20, 2012

JUAN GONZALEZ vs. WILLIAM MCCULLOCK, STATE COMPENSATION INSURANCE FUND

This case involves a defendant's petition for reconsideration of a prior Findings and Award and Opinion on Decision. The Workers' Compensation Appeals Board (WCAB) has granted this petition for reconsideration. The WCAB requires more time to thoroughly review the factual and legal issues to ensure a just and reasoned decision. Further proceedings may be determined to be appropriate.

Workers Compensation Appeals BoardReconsiderationFindings and AwardOpinion on DecisionPetition for ReconsiderationGranting ReconsiderationFactual IssuesLegal IssuesDecision After ReconsiderationOffice of the Commissioners
References
Case No. ADJ948816 (SFO 0499481) ADJ1273445 (SFO 0512742)
Regular
Nov 06, 2012

EDWIN SUAREZ vs. BARRETT BUSINESS SERVICES, INC.

This case involves a petition for reconsideration filed by defendant Barrett Business Services, Inc. regarding a prior decision. The Workers' Compensation Appeals Board (WCAB) has granted this petition. The WCAB determined that reconsideration is necessary to thoroughly review the factual and legal issues presented. This action will allow the Board to gain a complete understanding of the record and issue a just decision, potentially involving further proceedings.

Workers' Compensation Appeals BoardReconsiderationPetition for ReconsiderationGranting ReconsiderationPermissibly Self-InsuredBarrett Business ServicesEdwin SuarezAugust 16 2012Statutory time constraintsFactual and legal issues
References
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