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

Case No. ADJ3367486 (RIV 0016856) ADJ281670 (RIV 0008214) ADJ2292739 (RIV 0003259)
Regular
Feb 03, 2016

ROBERT O'NEAL vs. L.A. COUNTY FAIR ASSOCIATION, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION (CIGA)

The Workers' Compensation Appeals Board (WCAB) has granted the applicant's petition for reconsideration in the case of Robert O'Neal v. L.A. County Fair Association and CIGA. This reconsideration is granted to allow for further study of the complex factual and legal issues presented. The WCAB needs a complete understanding of the record to issue a just decision. All future filings related to the petition must be submitted directly to the WCAB Commissioners' office, not to any district office.

Workers' Compensation Appeals BoardPetition for ReconsiderationGrant of ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionOffice of the CommissionersElectronic Adjudication Management System (EAMS)Proposed SettlementWCJ
References
Case No. ADJ7555409
Regular
Mar 04, 2014

JESUS ESCANUELA vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, legally uninsured, adjusted by STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted the defendant's Petition for Reconsideration and dismissed the applicant's untimely petition. The WCAB found that the Agreed Medical Examiner's (AME) opinion regarding psychiatric permanent disability was not supported by substantial evidence, as it did not properly address causation under the current PDRS. Consequently, the case is remanded to the trial level for further development of the record concerning psychiatric permanent disability. The WCAB deferred the issue of permanent disability and attorney's fees pending this further development.

Workers' Compensation Appeals BoardJesus EscanuelaCalifornia Department of Correctionslegally uninsuredState Compensation Insurance FundADJ7555409Fresno District OfficeOpinion and OrderPetition for ReconsiderationFindings and Award
References
Case No. ADJ2601082 (SRO 00994437); ADJ641109 (SRO 013784); ADJ2342446 (SRO 0132314); ADJ3682825 (SRO 0132313)
Regular
Aug 09, 2011

JOANNA RILLON, ROBERT STRATTON, EVODIO CARRANZA vs. K-MART CORPORATION; SEDGWICK, TYRIS CORPORATION; STATE COMPENSATION INSURANCE FUND, G&G FOODS; STATE COMPENSATION INSURANCE FUND

In these consolidated cases, the Workers' Compensation Appeals Board reversed Workers' Compensation Judge decisions that limited attorney William T. Ferchland's fees to 12% of increased benefits. The Board found that Ferchland's requested fees, ranging from 13% to 15%, were justified given the good results obtained for his clients through successful negotiations of Compromise and Release agreements. The Board emphasized that while time is a factor, the quality of results achieved is paramount in fee determinations. Consequently, the Board awarded Ferchland the higher fee percentages he initially sought in each case.

Compromise and ReleaseIncreased BenefitsAttorney's FeesWCJ ReportPetition to ReopenPermanent DisabilityMedical TreatmentMandatory Settlement ConferenceVoluntary CooperationLegal Complexity
References
Case No. ADJ4132514 (SAC 0199422) ADJ187940 (SAC0199423)
Regular
Jan 07, 2009

ERNEST HOLMES vs. THE HUNTINGTON GROUP and INDUSTRIAL INDEMNITY COMPANY/FREMONT INSURANCE COMPANY, in liquidation and adjusted by CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

Applicant's petition for disqualification of WCJ Robert T. Thiessen is denied. The WCJ is found to be fair and objective, and best positioned to resolve future disputes.

Workers' Compensation Appeals BoardPetition for DisqualificationLabor Code Section 5311WCAB Rule 10452Declaration of ReadinessExpedited HearingJudge Robert T. ThiessenBiasReconsiderationFair Hearing
References
Case No. ADJ8188717
Regular
Mar 18, 2019

DANIEL CANO vs. A FRAME, EMPLOYERS COMPENSATION INSURANCE COMPANY

Lien claimants Majzel and Premium seek reconsideration after their 2012 and 2016 liens were dismissed for failure to pay activation fees and potentially being untimely. While the Board affirms dismissal of the 2012 liens, they grant reconsideration to amend the findings. The timeliness of the 2016 liens is now deferred, ensuring due process and a fair hearing before any final determination is made.

Workers' Compensation Appeals BoardLien ClaimantsPetition for ReconsiderationFindings and DecisionNotice of Intention to Impose SanctionsWCJActivation FeeDismissed by Operation of LawCode of Civil Procedure Section 473(b)Mistake and Inadvertence
References
Case No. ADJ2789507 (VNO 0455132)
Regular
Jun 15, 2012

JOSE GUADALUPE FLORES vs. HARBOR RAIL TRANSPORTATION, U.S. FIDELITY \u0026 GUARANTY CORPORATION

This Workers' Compensation Appeals Board case, involving applicant Jose Guadalupe Flores against Harbor Rail Transportation and its insurer, is being reconsidered. Both the applicant and defendant petitioned for review of a prior decision. The Board granted reconsideration to allow further study of the factual and legal issues, aiming for a just and reasoned decision. All future communications must be filed in writing with the Board's Office of the Commissioners.

Workers' Compensation Appeals BoardReconsiderationGranting ReconsiderationFactual IssuesLegal IssuesJust DecisionReasoned DecisionFurther ProceedingsCommissionersSan Francisco
References
Case No. ADJ10368358
Regular
Jan 07, 2018

MICHAEL WYANT vs. GEA MECHANICAL EQUIPMENT US, INC., ZURICH AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration of an order denying his request to rescind a stipulated award. The Board found that the applicant was entitled to a hearing on his petition and that the original order lacked the required factual basis and reasoning. Consequently, the Board rescinded the denial order and returned the case to the trial level for further proceedings. This ensures the applicant receives a fair hearing and a decision supported by the record.

Petition for ReconsiderationStipulation with Request for AwardAwardPetition to RescindDEU ratingpermanent disabilityAME ReportDr. Mandeldue processfair hearing
References
Case No. ADJ4207158 (LAO 0879876) ADJ4078088 (LAO 0879877)
Regular
Feb 18, 2011

MARIA ANDRADE vs. DIAMOND CONTRACT SERVICES

In *Andrade v. Diamond Contract Services*, the Workers' Compensation Appeals Board (WCAB) granted the defendant's Petition for Removal. The WCAB overturned a prior order that had denied the defendant's request to have the applicant examined by their vocational expert. The Board found that fundamental fairness, through mutual discovery, required the applicant to submit to the evaluation. Therefore, the WCAB rescinded the prior order and directed the applicant to be examined by the defendant's vocational expert.

Petition for RemovalVocational ExpertRebuttal EvidenceDue ProcessLabor Code Section 5704DiscoveryFundamental FairnessAgreed Medical EvaluatorKeith WilkinsonCarmen Roman
References
Case No. ADJ11361823 ADJ11362378
Regular
Aug 02, 2019

ELLIE OLIVER-HORIST vs. WESCOM CREDIT UNION, FEDERAL INSURANCE COMPANY, CHUBB GROUP

The Appeals Board granted reconsideration and rescinded the WCJ's Findings and Order finding no injury AOE/COE. The applicant, who was unrepresented at the time of the original trial, claimed she missed it due to recovery from heart surgery and alleged her former attorney's misconduct. The Board determined that, based on the WCJ's statement that a continuance would have been granted if aware of the applicant's medical condition, a fair hearing was not afforded. The case is returned for further proceedings, allowing the applicant to present her case.

Petition for ReconsiderationJoint Findings and OrderWorkers' Compensation Appeals BoardAOE/COEcontinuancefiduciary dutiesdue processfair hearingheart surgerypro per
References
Case No. ADJ747812 (LAO 0828642)
Regular
Apr 25, 2013

BENITO ALVARADO vs. GROSS EGG RANCH, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed a Petition for Reconsideration in the case of Benito Alvarado v. Gross Egg Ranch and State Compensation Insurance Fund. The WCAB found the petition to be untimely and also subject to denial for failing to fairly state material evidence as required by WCAB Rule 10842(a). Specifically, the lien claimant's assertion that the case was never on calendar was contradicted by the electronic record. Therefore, the petition was dismissed.

Petition for ReconsiderationUntimelyWCAB 10842(a)Material EvidenceFair StatementEAMSEvents RecordCommunications RecordLien ClaimantDismissed
References
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