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

Case No. ADJ6946022
Regular
Jun 19, 2014

ROMAN RODRIGUEZ vs. THE MILLARD GROUP, NATIONAL UNION FIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration in this case. The denial was primarily based on the petition being improperly verified, a violation of Labor Code section 5902. Additionally, the petition included numerous unauthorized attachments contrary to Appeals Board Rule 10842. Even if the petition had been properly filed, it would have been denied on its merits.

Petition for ReconsiderationImproperly VerifiedLabor Code section 5902Appeals Board Rule 10842Deny on the meritsAdministrative law judgeWorkers' Compensation Appeals BoardDismissalSedgwick Claims Management ServicesNational Union Fire Insurance Company
References
Case No. ADJ 6909198
Regular
Dec 29, 2010

TEESHA WINFREY vs. COUNTY OF LOS ANGELES

The Workers' Compensation Appeals Board (WCAB) denied the County of Los Angeles's petition for reconsideration. The WCAB found the petition was timely filed and denied it on the merits. The denial was based on the reports of Dr. Fenton, which indicated ongoing temporary disability for the applicant, Teesha Winfrey.

Workers' Compensation Appeals BoardPetition for ReconsiderationDeniedMeritsWCJ ReportTemporary DisabilityDr. Fenton ReportsPermissibly Self-InsuredCase ADJLos Angeles District Office
References
Case No. ADJ6846176
Regular
Jun 09, 2010

MARILYN QUAID vs. OLD REPUBLIC TITLE COMPANY, LIBERTY MUTUAL FIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed Marilyn Quaid's Petition for Reconsideration because it was not verified, a violation of Labor Code section 5902. Even if it had been verified, the WCAB would have denied it on its merits, adopting the reasoning of the administrative law judge. Therefore, the WCAB ordered the Petition for Reconsideration to be dismissed.

Petition for ReconsiderationLabor Code section 5902verifieddismissedWCJ Report and Recommendationdeny on the meritsWorkers' Compensation Appeals BoardLiberty Mutual Fire Insurance CompanyOld Republic Title CompanyMarilyn Quaid
References
Case No. ADJ8033206
Regular
Sep 16, 2013

HUMBERTO ROMO vs. HUNTER LANDSCAPE, INC., CYPRESS INSURANCE COMPANY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Workers' Compensation Appeals Board (WCAB) dismissed Humberto Romo's Petition for Reconsideration. The dismissal was based on two procedural defects: the petition was not verified as required by Labor Code section 5902, and it failed to state statutory grounds under Labor Code section 5903. Even if the petition had been properly verified, the WCAB would have denied it on the merits, adopting the WCJ's reasoning.

Petition for ReconsiderationDismissedVerifiedLabor Code section 5902Statutory GroundsLabor Code section 5903WCJ ReportAdopt and IncorporateDeny on the MeritsWorkers' Compensation Appeals Board
References
Case No. unavailable
Regular
Jul 12, 2007

MORA vs. SOUTH BAY UNION SCHOOL DISTRICT, KEMPER INSURANCE COMPANY

This case concerns a lien claim by Beach Cities Surgery Center for medical treatment provided to an applicant injured in an admitted industrial incident. The WCJ initially disallowed the lien because the Surgery Center failed to prove its licensure/accreditation at the time of treatment. Although the petition for reconsideration appeared untimely, the Board accepted it as timely based on affidavits indicating hand delivery. Ultimately, reconsideration was denied on the merits, upholding the WCJ's original disallowance of the lien claim.

Workers' Compensation Appeals BoardLien claimantReconsiderationFindings and OrderIndustrial injuryLicensed or accreditedMedical treatmentLien claim disallowedPetition for reconsiderationUntimely filing
References
Case No. ADJ8522289
Regular
May 21, 2013

FAIZAH DEAN vs. INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS 47, EVEREST NATIONAL INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed Faiza Dean's Petition for Reconsideration because it was not verified as required by Labor Code section 5902. The Board also indicated that even if it had been verified, the petition would have been denied on its merits, adopting the WCJ's reasoning. Therefore, the Petition for Reconsideration has been dismissed, and the underlying decision stands.

Petition for ReconsiderationLabor Code section 5902VerifiedWCJ Report and RecommendationDismissedWorkers' Compensation Appeals BoardVerfication defectAdministrative Law JudgeSignificant Panel DecisionWrit denied
References
Case No. SBR 0239874
Regular
Sep 20, 2007

JOHN BASSETTE vs. MORENO VALLEY UNIFIED SCHOOL DISTRICT

This case involves John Bassette's repeated attempts to seek reconsideration from the Workers' Compensation Appeals Board (WCAB) regarding a prior denial of his petitions. The WCAB is denying his current petition for reconsideration, incorporating prior reasoning and warning the applicant of potential sanctions for filing frivolous and repetitious claims. The Board finds his arguments lack merit and have already been decided.

Workers' Compensation Appeals BoardIn pro perPetition for reconsiderationOrder Dismissing PetitionDenying ReconsiderationLabor Code Section 5814Irreparable harmSignificant prejudicePetition for removalVexatious litigant
References
Case No. ADJ10513647, ADJ10615093
Regular
Nov 26, 2018

JOSEPH NJOROGE vs. CITY OF WALNUT CREEK

The Workers' Compensation Appeals Board denied the applicant's Petition for Reconsideration because his injury while playing soccer did not arise out of and occur in the course of employment. While the applicant argued his employer required him to stay in top physical shape, the Board found the evidence insufficient to prove this expectation. Although the petition was initially questioned for timeliness due to defective service, the Board addressed it on the merits. The Board adopted the reasoning of the WCJ, which found no evidence the employer mandated specific off-duty exercises.

WORKERS' COMPENSATION APPEALS BOARDOPINION AND ORDER DENYING PETITION FOR RECONSIDERATIONFindings of Fact and OrderWCJINDUSTRIAL INJURYEZZY V. WORKERS' COMPENSATION APPEALS BOARDPHYSICAL CONDITIONINGOFF WORK EXERCISETimelinessPetition for Reconsideration
References
Case No. ADJ1468445 (AHM 0109357)
Regular
Jun 08, 2009

CYNTHIA MAYFIELD vs. VERIZON, SEDGWICK CMS

The Workers' Compensation Appeals Board (WCAB) has denied Cynthia Mayfield's Petition for Removal. The Board adopted the report of the workers' compensation administrative law judge (WCJ) as the basis for their decision. Therefore, the petition to remove the case from its current status has been denied.

Petition for RemovalDeniedWorkers' Compensation Appeals BoardWCJ reportADJ1468445Cynthia MayfieldVerizonSedgwick CMSadministrative law judgedeny removal
References
Case No. ADJ3546267 (LBO 0364744)
Regular
Apr 02, 2013

JOSE ZAVALA vs. CAL-STATE AUTO PARTS, INC., AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA

This order from the Workers' Compensation Appeals Board dismisses Applicant Jose Zavala's Petition for Reconsideration and denies removal. The Board adopted and incorporated the reasoning from the workers' compensation administrative law judge's Report and Recommendation. Therefore, the petition is dismissed, and removal is denied.

WORKERS' COMPENSATION APPEALS BOARDPETITION FOR RECONSIDERATIONDENY REMOVALADMINISTRATIVE LAW JUDGEREPORT AND RECOMMENDATIONDISMISSEDDENIEDADJ3546267LBO 0364744CAL-STATE AUTO PARTS
References
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