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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. ADJ7073544
Regular
Sep 06, 2016

OMAR NUNEZ vs. PETROCHEM INSULATION, INC., AIG CLAIMS

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded the prior dismissal of Omar Nunez's case. The WCAB found that the dismissal for failure to appear at trial violated Nunez's due process rights because no specific Notice of Intention to Dismiss (NIT) was issued for his non-appearance. The prior NIT addressed failure to prosecute, not failure to appear, thus depriving Nunez of an opportunity to object. The case was returned to the trial level for further proceedings.

Petition for ReconsiderationNotice of Intention to DismissFailure to AppearDue ProcessWCAB RulesDismissal Without PrejudiceFailure to ProsecuteViolation of RulesRescind OrderReturn to Trial Level
References
Case No. ADJ782721 (SBR 0340531)
Regular
Feb 14, 2011

ROSALIND GRANT vs. COUNTY OF SAN BERNARDINO

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an order dismissing Rosalind Grant's claim due to her failure to appear at trial. The WCAB found the dismissal improper because Grant's attorney was present at trial, and the rules permit dismissal only if a party and their representative fail to appear. Furthermore, the applicant has no obligation to testify, and defendants must formally subpoena an absent applicant or provide a notice to appear to their attorney. The case was returned to the trial level for further proceedings, including potential action on a previously negotiated compromise and release.

ReconsiderationDismissal OrderFailure to AppearCompromise and ReleaseAttorney RepresentationMandatory Settlement ConferenceNotice of Intention to DismissRescinded OrderReturn to Trial LevelHearsay Evidence
References
Case No. ADJ8265185
Regular
Jul 11, 2014

WALTER VELIZ vs. POTENTIAL INDUSTRIES, BERKLEY SPECIALTY

The Workers' Compensation Appeals Board denied reconsideration of an order dismissing a lien claim for failure to appear. The Board found the lien claimant's representative did not make a proper appearance, as they were not present when the case was called despite signing the minutes. Additionally, the claimant failed to comply with mandatory notice provisions and did not provide sufficient good cause for their non-compliance. Consequently, the petition for reconsideration was denied.

Workers' Compensation Appeals BoardReconsideration DeniedLien DismissalNotice of Intention to Dismiss LienLabor Code section 4903.6(b)WCAB Rules 10770.1(e)WCAB Rules 10774.5Electronic Adjudication Management SystemLien ClaimantHearing Representative
References
Case No. ADJ171587
Regular
Dec 21, 2012

MARCUS VASQUEZ vs. MARION RESIDENCE, FIREMANS FUND INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an administrative law judge's order suspending Integrated Healthcare Recovery Services (IHRS) from appearing before the board. This suspension stemmed from IHRS's failure to pay a $1,000 sanction previously imposed for missing a lien trial. The WCAB has now issued a notice of intent to suspend IHRS unless the sanction is paid within 20 days, citing IHRS's failure to comply with a final order as good cause. IHRS may avoid suspension by paying the sanction or demonstrating good cause to the WCAB.

Labor Code Section 4907Petition for ReconsiderationSuspension of AppearanceWCABWCJSanction OrderLien TrialFinal OrderFailure to PayHearing Representative
References
Case No. ADJ880264 (AHM 0133336)
Regular
Apr 19, 2017

DANIEL MEDINA vs. CONTROL AIR CONDITIONING, ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board (WCAB) granted the applicant's Petition for Reconsideration and rescinded the dismissal of his case. The dismissal was deemed a violation of due process because the applicant did not receive adequate notice that his case would be dismissed based on his personal appearance at the June 26, 2017 trial or his alleged lack of participation. The WCAB found that the original Notice of Intention to Dismiss was solely based on failure to appear at the May 15, 2017 trial, and the applicant's request for an opportunity to be heard on these issues was improperly denied. Consequently, the matter was returned to the trial level for further proceedings, ensuring the applicant's right to a fair hearing.

Petition for ReconsiderationDismissal of CaseNotice of Intention to DismissDue ProcessFailure to AppearAttorney Calendaring ErrorReport and RecommendationWorkers' Compensation JudgeWCABFindings of Fact
References
Case No. ADJ6679351
Regular
Sep 27, 2010

RAMON CURIEL vs. EFREN REYES POOL AND PLASTERING, INC., LINCOLN GENERAL INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and reversed a dismissal order. The applicant's case was dismissed for failure to appear at three hearings, which the applicant contended was due to unfortunate events affecting his attorney. While acknowledging that the applicant's counsel was at fault, the Board emphasized the constitutional mandate to accomplish substantial justice. The case was returned to the trial level WCJ to be heard on its merits, preserving the applicant's right to pursue his claim despite procedural failures.

Workers' Compensation Appeals BoardReconsiderationOrder Dismissing CaseFailure to AppearAttorney Non-AppearanceIndustrial InjuryPlastererDemolition ExpertMandatory Settlement ConferenceNotice of Intention to Dismiss
References
Case No. ADJ10044579
Regular
Dec 20, 2017

NEVITA BAILEY vs. FIRST GROUP AMERICA, NEW HAMPSHIRE INSURANCE COMPANY

The applicant filed a Petition for Removal after the Administrative Law Judge (ALJ) issued a Notice of Intent to Dismiss due to the applicant's failure to appear at a Mandatory Settlement Conference (MSC). The ALJ's notice stipulated dismissal unless the applicant appeared at a rescheduled MSC, which was subsequently taken off calendar due to the removal petition. The Appeals Board denied removal, finding no substantial prejudice as the applicant's failure to appear at the rescheduled MSC was rendered moot by the rescheduling. The Board also noted that a Notice of Intent to Dismiss should not be issued for a *potential* future failure to appear, but rather based on an actual occurrence.

Petition for RemovalWorkers' Compensation Appeals BoardMandatory Settlement ConferenceAdministrative Law JudgeNotice of Intent to DismissWCAB Rule 10563WCAB Rule 10562substantial prejudiceirreparable harmreconsideration
References
Case No. ADJ8098671
Regular
Jun 27, 2013

MARIA PORTILLO vs. KIM LIGHTING DIVISION OF HUBBELL, LIBERTY MUTUAL INSURANCE

The Workers' Compensation Appeals Board denied a lien claimant's petition for reconsideration of an order dismissing its lien. The dismissal was based on the lien claimant's failure to appear at a properly noticed lien trial, as evidenced by multiple mailings by the defendant that were not returned as undeliverable. The Board found the lien claimant's arguments regarding lack of notice to be unsubstantiated by the record. Additionally, the Board indicated it would consider sanctions against the lien claimant for prosecuting a frivolous petition.

Lien claimantPetition for ReconsiderationOrder Dismissing Lienfailure to appearlien trialNotice of Intention to Dismiss LiensBoard Rule 10562service of noticeOfficial Address Recordsanctions
References
Case No. ADJ2419683
Regular
Dec 03, 2012

HECTOR VICHEZ vs. AARON BROTHERS ART MARTS, BROADSPIRE FOR AMERICAN MOTORIST INSURANCE COMPANY

The Workers' Compensation Appeals Board granted the lien claimant's petition for reconsideration and issued a notice of intention to impose sanctions. This action stems from the lien claimant and their representatives' failure to appear at a properly noticed trial and subsequent filing of a petition for reconsideration without acknowledging this critical omission. The Board found their actions to be frivolous, intended to cause delay, and constituted misrepresentations to the Board. Sanctions of up to $2,500, plus attorney fees and costs, may be imposed jointly and severally against the lien claimant and his representatives if they fail to demonstrate good cause to the contrary.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationFindings and OrderDue ProcessSanctionsBad Faith ActionsFrivolous TacticsUnnecessary DelayLabor Code
References
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