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

Case No. ADJ17825300
Regular
Sep 22, 2025

BARBARA CRATER vs. CRATE & BARREL HOLDINGS INC, PROPERTY & CASUALTY COMPANY OF HARTFORD

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The defendant challenged the WCJ's findings that they failed to prove an enforceable Medical Provider Network (MPN) for ancillary services and that the applicant had the right to select a family member for home care. The Board affirmed the WCJ's decision, concluding that the defendant did not establish the existence of an enforceable MPN and therefore could not control the selection of the home caregiver, allowing the applicant to choose her daughter.

Medical Provider NetworkAncillary ServicesHome Care ProviderFamily Member SelectionLabor Code Section 5813Petition for ReconsiderationFindings of FactWorkers' Compensation Administrative Law JudgeBurden of ProofUtilization Review
References
Case No. ADJ7080192
Regular
Jan 07, 2014

LORRAINE DICKINSON Widow, AISHA ANTOINETTE ANDERSON as Guardian ad Litem and Trustee for minor dependents: ANGELO URIAS; ANTONIO SOTO; DIAMONQUE SOTO vs. STATE OF CALIFORNIA, DEPARTMENT of CORRECTIONS, Legally Uninsured, STATE COMPENSATION INSURANCE FUND

The Appeals Board affirmed the WCJ's finding that the decedent's step-grandchildren were partial dependents. This was based on evidence that the decedent provided medical insurance and voluntarily contributed to their maintenance, establishing them as good faith family members. The Board found this sufficient to qualify for death benefits under Labor Code section 3503. However, the case was returned to the trial level for further development of the record regarding the specific amount of benefits.

Dependency benefitsStep-grandchildrenPartial dependentsHousehold membershipGood faith family memberLabor Code section 3501Labor Code section 3502Labor Code section 3503Date of injuryDeath benefits
References
Case No. ADJ8903041
Regular
Jul 01, 2014

MAGALI MANRIQUE DE ARCHA vs. MCDONALD'S/SANCHEZ FAMILY CORPORATION, CALIFORNIA RESTAURANT MUTUAL BENEFIT CORPORATION, AMERICAN CLAIMS MANAGEMENT

This order dismisses Magali Manrique de Archa's Petition for Removal in her workers' compensation case against McDonald's/Sanchez Family Corporation. The Workers' Compensation Appeals Board adopted and incorporated the administrative law judge's report, which recommended dismissal. The Board found no grounds to grant removal, thus dismissing the petition.

Petition for RemovalDismissalReconsiderationWorkers' Compensation Appeals BoardAdministrative Law Judge ReportSan Bernardino District OfficeSanchez Family CorporationCalifornia Restaurant Mutual Benefit CorporationAmerican Claims ManagementAlvandi Law Group
References
Case No. ADJ2395920 (VNO 0339759) ADJ2271599 (LAO 0819690)
Regular
Apr 21, 2014

YOLANDA DIAZ vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration as untimely. The defendant claimed they were never served with the original award, but the WCAB found their petition was filed more than 20 days after they "became aware" of the decision. The WCAB emphasized that in cases of defective service, the petition must be filed within 20 days of actual receipt. Additionally, the defendant was admonished for raising new issues and for procedural errors in their filing.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and Awardtimely filingserviceLabor CodestipulationElectronic Adjudication Management System (EAMS)defective serviceuntimely petition
References
Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ7463348
Regular
Jan 20, 2012

Olga Garau vs. STATE OF CALIFORNIA, DEPARTMENT OF INDUSTRIAL RELATIONS, legally uninsured; STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, adjusting agency

Applicant Olga Garau petitioned for removal of her case, alleging that assigned workers' compensation judges (WCJs) could not lawfully act as they were not active members of the California Bar. The Appeals Board denied the petition, adopting the WCJ's report and recommendation. The Board clarified that Labor Code section 123.5 requires WCJs to be licensed attorneys and maintain State Bar membership, which includes inactive members. Therefore, the applicant's allegations regarding the judges' qualifications were unsubstantiated, and the petition was denied.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ RecusalLabor Code Section 123.5State Bar MembershipActive vs. Inactive MemberBusiness and Professions Code Section 6003WCAB Rule 10848Report and RecommendationExpedited Trial
References
Case No. ADJ7375239
Regular
Oct 17, 2013

DARIO LOPEZ vs. MOORPARK UNIFIED SCHOOL DISTRICT, YORK INSURANCE SERVICES GROUP

The WCAB dismissed a petition for reconsideration regarding a lien dismissal, but granted removal on its own motion to correct an error. The administrative law judge incorrectly dismissed a lien for "Accident Injury & Family Therapy" in case ADJ520287 for failure to pay a lien activation fee. This was an error as the lien belonged to "Universal Psychiatric Medical Center" in that case, while "Accident Injury & Family Therapy" had a separate lien in ADJ7375239. The WCAB rescinded the order, dismissed the correct lien for non-payment, and returned the matter to the trial level.

Workers' Compensation Appeals BoardLien ClaimantLien Activation FeePetition for ReconsiderationRemovalOrder Dismissing Lien ClaimEAMSUniversal Psychiatric Medical CenterAccident Injury & Family TherapyInnovative Medical Management
References
Case No. ADJ8164712
Regular
Sep 12, 2016

Maria Galdamez vs. The Hosseini Family Trust, LRS Realty

The Workers' Compensation Appeals Board denied Maria Galdamez's petition for reconsideration of a decision finding she did not sustain an industrial injury as a housekeeper for The Hosseini Family Trust. Galdamez argued her claim was presumed compensable under Labor Code section 5402 and that her testimony was sufficient, but the Board found no proof of claim form filing to trigger the presumption and insufficient corroboration for her testimony. The Board granted reconsideration for The Hosseini Family Trust solely to amend a finding regarding its alleged uninsured status, as that issue was not ripe for determination. The Trust's other arguments, including employment status and general/special employment, were either affirmed based on substantial evidence or waived for not being raised at trial.

Workers Compensation Appeals BoardIndustrial InjuryLabor Code Section 5402Presumption of CompensabilityPre-Trial Conference StatementPetition for ReconsiderationEmployer LiabilityUninsured EmployersGeneral-Special EmploymentJoint Employment
References
Case No. ADJ12616197
Regular
Jan 12, 2022

VANESSA FATZER (Deceased) KATRINA S. HAGEN, Director of Department of Industrial Relations, administrator for Death Without Dependents Unit JOEL STAPLETON III vs. KELLY-MOORE PAINT COMPANY INC., ACE AMERICAN INSURANCE COMPANY, administered by ESIS, INC.

The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior finding, and returned the case to the WCJ for further proceedings. The Board found that the original decision, which determined Mr. Stapleton was a partial dependent of the deceased, was not supported by substantial evidence. Specifically, the WCJ's credibility assessment of Mr. Stapleton and his father was insufficient as their testimony was solely from deposition transcripts and they were not called as witnesses at trial. The Board emphasized that deposition testimony alone is insufficient to establish credibility for a dependency determination.

Death Without Dependents UnitPartial DependentLabor Code Section 4706.5Dependency DeterminationCredibility of WitnessesDeposition TestimonySubstantial EvidenceFurther ProceedingsReconsiderationRescission
References
Case No. ADJ7517392
Regular
Apr 21, 2014

ANDRES LUNA vs. SUPERIOR EMBLEM, FIRST COMP

The Appeals Board granted reconsideration to lien claimant Syndicated Diagnostic Imaging, rescinding an order that dismissed their lien. The dismissal occurred because the lien claimant failed to appear at a conference, citing a family emergency. The Board found no proof that the lien claimant received notice of intent to dismiss. Consequently, the case is returned to the trial level for further proceedings.

Lien claimantPetition for ReconsiderationOrder Dismissing Lienfamily emergencyNotice of Intention to Dismiss Lien Claimproof of servicerescindedreturned to trial levelWorkers' Compensation Appeals BoardWCJ
References
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