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

Case No. ADJ3183513 (SJO 0248396)
Regular
Mar 21, 2012

PAULO MUNOZ vs. BARRACOS CONSTRUCTION, VIRGINIA SURETY

The Workers' Compensation Appeals Board (WCAB) vacated its prior order granting reconsideration because the underlying order, which denied reassignment of the judge, was not a final order subject to reconsideration under Labor Code section 5900. The WCAB dismissed the petition for reconsideration as procedurally improper. Treating the joint petition as a request for removal under Labor Code section 5310, the WCAB denied the parties' request to reassign the case to the previous trial judge, citing the pending disciplinary matter and the lack of demonstrated prejudice.

Workers' Compensation Appeals Boardpetition for reconsiderationpetition for removalLabor Code section 5310Labor Code section 5900final orderinterim ordersprocedural ordervocational judgejoint petition
References
Case No. ADJ7041227
Regular
Aug 09, 2017

GERALD PADDIO vs. CLEVELAND CAVALIERS, SEATTLE SUPERSONICS, INDIANA PACERS, WASHINGTON BULLETS/WASHINGTON WIZARDS, TIG INSURANCE, NEW YORK KNICKERBOCKERS, CHICAGO ROCKERS, LAS VEGAS SLAM/ CHICAGO SKYLINERS, TRAVELERS INDEMNITY COMPANY

The Workers' Compensation Appeals Board denied Travelers Indemnity Company's petition for reconsideration, affirming its subject matter jurisdiction over applicant Gerald Paddio's cumulative injury claim. The Board found that Paddio's hiring as a professional basketball player in California, through his agent accepting an offer in San Francisco, established jurisdiction under Labor Code sections 3600.5(a) and 5305. The Board also noted that the issue of potential exemption from California law, raised by the defendant, was not ripe for appeal and must be addressed at the trial level. All other issues remain deferred for determination by a Workers' Compensation Judge.

Subject matter jurisdictionLabor Code section 3600.5Labor Code section 5305Contract of hireProfessional basketball playerCumulative industrial injuryPetition for reconsiderationDenial of petitionAdministrative law judgeWorkers' Compensation Appeals Board
References
Case No. ADJ8509270
Regular
Oct 30, 2015

JAMES HORICK vs. JOHN T. MALLOY, INC., AIG

The Workers' Compensation Appeals Board (WCAB) denied reconsideration of a prior ruling that allowed an injured worker to pursue an Independent Medical Review (IMR). The Administrative Director (AD) had initially denied the IMR request because the injured worker did not personally sign the application, despite their attorney signing it and providing notice of representation. The WCAB found that an attorney, representing an injured worker, is authorized to sign an IMR request as a procedural matter, binding the client. Therefore, the AD's denial was in error, and the matter was properly remanded for IMR.

Independent Medical ReviewPetition for ReconsiderationAdministrative DirectorWorkers' Compensation Appeals BoardFindings and OrderUtilization ReviewLabor Code 4610.5Administrative Rule 9792.10.1Attorney representationMedical authorization
References
Case No. ADJ6839103
Regular
Mar 28, 2013

MICHAEL DAVIS vs. BOSTON BREAKERS, THE NORTH RIVER INSURANCE CO., CINCINNATI BENGALS, TAMPA BAY BUCCANEERS

This case involves a former professional football player claiming cumulative industrial injury in California. The trial judge dismissed the case, finding no demonstrated injury sustained within California, thus divesting the Board of subject matter jurisdiction. The Appeals Board granted reconsideration to further study the issues. The Board rescinded the dismissal, returning the matter for further development of the record, particularly concerning the medical opinions' connection to California exposure and the mechanism of injury. The Board also noted that hearsay testimony from an investigator was permissible as the Board is not bound by strict rules of evidence.

Workers' Compensation Appeals BoardCumulative Trauma InjurySubject Matter JurisdictionProfessional Football PlayerCumulative Industrial InjuryMinimum ContactsSubstantial EvidenceMedical OpinionMechanism of InjuryApportionment
References
Case No. ADJ13111007
Regular
Oct 13, 2025

CHARLES MISERENDINO vs. CLUB DEMONSTRATION SERVICES, INC.; QBE SPECIALTY INSURANCE

Applicant filed a petition for removal from an order taking the matter off calendar, issued on September 10, 2024, by the WCJ. Applicant contended that the issue of additional panels was ripe for adjudication. The Appeals Board granted removal, finding that the WCJ's order violated due process by being issued without creating a record or explaining the need for further development, thus constituting irreparable harm. Consequently, the Board rescinded the September 10, 2024 order and returned the matter to the trial level to create a record, refraining from making a judgment on the warrant for additional panels without a formal record.

Petition for RemovalOrder Taking Matter Off CalendarAdjudicationDue Process ViolationIrreparable HarmSubstantial PrejudiceWCJ ReportRescind OrderReturn to Trial LevelCreate Record
References
Case No. ADJ16334598
Regular
Oct 13, 2025

ANTHONY REYES vs. XPO LOGISTICS SUPPLY CHAIN, INC.; EVEREST NATIONAL INSURANCE

Applicant Anthony Reyes filed a petition for removal challenging an order by the workers' compensation administrative law judge (WCJ) that took the matter off calendar. The WCAB granted removal, determining that the WCJ's order violated the parties' right to due process by failing to create a record or explain the deferral of the additional panels issue, thus constituting irreparable harm. As a Decision After Removal, the Appeals Board rescinded the April 24, 2025, order taking the matter off calendar and returned the case to the trial level to establish a proper record. The Board explicitly stated it made no judgment on the merits of additional panels at this stage due to the lack of a formal record.

Petition for RemovalOrder Taking Matter Off CalendarAdditional PanelsDue Process ViolationIrreparable HarmSubstantial PrejudiceRecord CreationTrial LevelWorkers' Compensation Appeals BoardRescind Order
References
Case No. ADJ2903829
Regular
Dec 01, 2012

CONSUELO DELGADO vs. RICO INTERNATIONAL, INC., ZENITH INSURANCE

The Workers' Compensation Appeals Board denied reconsideration of a prior decision, adopting the WCJ's report as its own reasoning. The Board also noted that the lien claimant's representative, Algene Nash, appears ineligible to practice before the Board and will initiate separate proceedings regarding this issue. Consequently, the Petition for Reconsideration was denied.

Workers' Compensation Appeals BoardReconsideration deniedLien claimantAlgene NashUnauthorized appearanceCal. Code Regs tit. 8 § 10779Benninghoff v. Superior CourtIn re Matter of Ramon PellicerIn Matter of John HoffmanAdministrative law judge report
References
Case No. MISC. 251
Significant
Jul 08, 2008

Ramon B. Pellicer vs.

The Appeals Board denied Ramon B. Pellicer's petition to appear as a non-attorney representative, based on his disciplinary history with the State Bar and legal precedent preventing disbarred or suspended attorneys from practicing before the WCAB.

WCABPetition to PracticeHearing RepresentativeNon-AttorneyInvoluntary Inactive EnrollmentState Bar CourtDisciplinary ChargesRules of Professional ConductBusiness and Professions CodeMoral Turpitude
References
Case No. MISC. 251
En Banc
Jul 08, 2008

Ramon B. Pellicer vs. State Bar of California

The Appeals Board denied Ramon B. Pellicer's petition to appear as a non-attorney hearing representative due to his prior disciplinary record with the State Bar, affirming that disbarred attorneys are precluded from practicing law in any capacity before the WCAB.

WCABPetition to PracticeHearing RepresentativeInvoluntary Inactive EnrollmentState Bar ActRules of Professional ConductDefaultDisciplinary ChargesPractice of LawDefrocked Attorney
References
Case No. ADJ1889994
Regular
Oct 28, 2010

DARRELL FULLINGTON vs. TAMPA BAY BUCCANEERS

The Workers' Compensation Appeals Board granted reconsideration of a prior decision because the applicant's case has been settled. The Board rescinded the prior findings and award and returned the matter to the trial level. This allows the judge to approve the settlement, or if not approved, the original decision can be reinstated and reconsidered.

Workers' Compensation Appeals BoardReconsiderationRescinded DecisionTrial Level ProceedingsFindings and AwardWorkers' Compensation Administrative JudgeSettlement ApprovalFurther ProceedingsPetition for ReconsiderationDefendant's Letter
References
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