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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. WCK 45264
En Banc
Aug 25, 2004

James L. Leinon vs. Fishermen's Grotto, Mid-Century Insurance Company

The Appeals Board held that a penalty under Labor Code section 4650(d) does not apply to disputed disability indemnity payments that are made within 14 days of a final order, decision, or award that imposes liability for those benefits.

Workers' Compensation Appeals BoardLabor Code section 4650(d)Temporary Disability Indemnity (TDI)PenaltyReconsiderationEn Banc DecisionInjury disputeDisability disputeIndemnity rate disputeFinal order
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. 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. ADJ1449820
Regular
Aug 10, 2017

MICHAEL KILLEEN vs. COUNTY OF SAN BERNARDINO

This case concerns an applicant seeking Labor Code Section 4850 benefits, which provide paid leave for disabled peace officers. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, reversing a prior finding that the applicant had waived this benefit by not raising it in initial 2013 proceedings. The WCAB held that Section 4851 mandates the Appeals Board to determine Section 4850 benefits in disputed cases. Therefore, the applicant is entitled to Section 4850 benefits, with the amount to be determined by the parties or the WCJ if agreement is not reached.

Labor Code section 4850Peace officer benefitsPetition for reconsiderationFindings Award and OrdersWorkers' Compensation Appeals BoardMandatory settlement conferenceWCJ Report and RecommendationTimely issue raisedPermanent and stationaryVoluntary payment
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. ADJ11364300
Regular
May 24, 2019

JOHN MANNING vs. ORANGE COUNTY FIRE AUTHORITY

This case involves a dispute over an applicant's entitlement to an Independent Medical Examiner (IME) under an Alternative Dispute Resolution (ADR) agreement governing workers' compensation claims. The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration, finding the original order was not a final decision. However, the WCAB granted the petition for removal, rescinded the administrative law judge's finding that no IME was warranted, and returned the case for further proceedings. The WCAB determined it was unclear whether it had jurisdiction to rule on the medical-legal discovery dispute, as parties cannot confer jurisdiction by stipulation, and ordered the trial judge to determine if the ADR program or the WCAB has jurisdiction.

ADR agreementCalifornia Labor Code §3201.7Independent Medical Examiner (IME)removalreconsiderationWorkers' Compensation Appeals Board (WCAB)specific injurycumulative traumafire captainskin cancer
References
Case No. ADJ9845532
Regular
Feb 03, 2017

DONNA PARKER ALVAREZ vs. MOTHER LODE UNION ELEMENTARY SCHOOL DISTRICT, SCHOOLS INSURANCE AUTHORITY

The Workers' Compensation Appeals Board denied the employer's petition for reconsideration regarding an award of increased benefits. The Board upheld the administrative law judge's finding that the employer unreasonably delayed benefits for the applicant's left knee injury by failing to provide treatment after receiving a QME report identifying the injury and recommending treatment. The employer's contention of a medical and legal dispute was rejected as there was no evidence of a dispute and the employer had previously provided treatment for the left knee. Consequently, the $25\%$ penalty for unreasonable delay under Labor Code section 5814 was affirmed.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact and AwardLabor Code section 5814unreasonable delaymedical disputelegal disputeQualified Medical Evaluator (QME)Declaration of Readiness to ProceedLabor Code section 4063
References
Case No. ADJ2373559 (OAK 0280633)
Regular
Dec 29, 2008

LYNN JONES vs. INTERNEWS NETWORK, STATE COMPENSATION INSURANCE FUND

The WCAB granted reconsideration, rescinded the prior award, and returned the case to the trial level to allow parties to complete the dispute resolution process regarding medical treatment denials. The Board found that after utilization review denied treatment, the parties failed to follow the required procedures under Labor Code sections 4610 and 4062 to resolve the dispute. Therefore, a new decision is to be made after the proper dispute resolution process is completed.

Workers' Compensation Appeals BoardUtilization ReviewMedical Treatment DisputeLabor Code Section 4610Labor Code Section 4062Qualified Medical ExaminerGym MembershipPhysical TherapyIndustrial InjuryTreating Physician
References
Case No. ADJ8147593
Regular
Dec 16, 2019

BETZAIDA MENDEZ vs. COUNTY OF LOS ANGELES, TRISTAR RISK MANAGEMENT

The Workers' Compensation Appeals Board denied a lien claimant's petition for reconsideration of a fee dispute. The Board found that an express contract, including an arbitration clause, existed between the lien claimant and the defendant for medical services. Pursuant to Labor Code Section 5304, the Board lacks jurisdiction to resolve fee disputes arising from such express agreements. Therefore, the petition was denied, affirming the WCJ's finding of an arbitrable contract.

Lien claimantPPO Contractfee disputearbitration provisionexpress agreementWCAB jurisdictionSection 5304medical treatment disputescontract interpretationexclusive jurisdiction
References
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