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

Case No. ADJ6730960
Regular
Jul 25, 2013

FRANCISCO JIMENEZ vs. FELBRO, INC., COMPWEST INSURANCE

This case concerns a Petition for Reconsideration filed by the applicant, Francisco Jimenez, from an order that previously granted reconsideration of a prior decision. The Workers' Compensation Appeals Board (WCAB) dismissed the petition. The WCAB held that a petition for reconsideration can only be filed after a final order, decision, or award. An interlocutory order granting reconsideration without resolving the underlying issues is not considered final. Therefore, the petition was dismissed as procedurally improper.

Petition for ReconsiderationInterlocutoryFinal OrderDismissalLab. Code§ 5900Workers' Compensation Appeals BoardSafeway Stores v. Workers' Comp. Appeals Bd.California CEBHanna California Law
References
Case No. ADJ3096300 (VNO 0326012) ADJ4162370 (VNO 0346321) ADJ2446314 (VNO 0276125)
Regular
Jul 03, 2012

SUSAN BRITT vs. OFFICE OF THE COUNTY COUNSEL, Permissibly Self-Insured c/o TRISTAR RISK MANAGEMENT

This case concerns the Workers' Compensation Appeals Board's decision after a petition for removal by lien claimant David Silver, M.D. After granting the removal, the Board issued notice that it would find the applicant did not sustain an industrial injury to fibromyalgia, absent objection. As no objection was received, the Board affirmed this finding of no injury AOE/COE to fibromyalgia. The matter is returned to the trial level for final disposition of the lien, allowing for further relevant evidence presentation.

WORKERS' COMPENSATION APPEALS BOARDPetition for Removallien claimantDavid Silver M.D.injury arising out of and occurring in the course of employmentAOE/COEfibromyalgiatrial levelfinal dispositionadministrative law judge
References
Case No. ADJ7632202, ADJ7632184
Regular
Apr 13, 2015

TAYDE CHAPARRO vs. TALBOTS, INC, TRAVELERS INSURANCE

The Workers' Compensation Appeals Board dismissed Tayde Chaparro's Petition for Reconsideration. The Board found that the petition sought reconsideration of a non-final, interlocutory order, not a final decision that determines substantive rights, liabilities, or threshold issues. Therefore, as the order was not final, the petition was procedurally improper and dismissed.

Petition for ReconsiderationNon-final orderFinal orderSubstantive rightLiabilityThreshold issueInterlocutoryProcedural decisionEvidentiary decisionWCJ decision
References
Case No. ADJ9072672
Regular
Feb 05, 2018

APPICLANT vs. KRUSE & SON CORPORATION, AMTRUST

The Appeals Board dismissed a petition for reconsideration because it sought to appeal a non-final procedural order, not a final determination of rights or liabilities. Furthermore, the petition for removal, which was an alternative argument, was also dismissed as untimely. The Board clarified that reconsideration is only available for final orders, and removal petitions must be received by the WCAB within the statutory deadline.

Petition for ReconsiderationPetition for RemovalFinal OrderNon-final OrderInterlocutory OrderSubstantive RightThreshold IssueLien DismissalUntimely FilingMailing vs. Receipt
References
Case No. ADJ9168456, ADJ9177378
Regular
Aug 18, 2015

MARTA RIVAS vs. OVERHILL FARMS, INSURANCE COMPANY OF THE WEST

The Workers' Compensation Appeals Board dismissed Marta Rivas's Petition for Reconsideration. The Board found that the petition sought reconsideration of a non-final, interlocutory order, which is not appealable. Appeals are only permitted from final orders that determine substantive rights, liabilities, or threshold issues. The Board also admonished the applicant's counsel for filing a petition on a non-final order.

Workers' Compensation Appeals BoardPetition for Reconsiderationnon-final orderfinal ordersubstantive rightliabilitythreshold issueinterlocutoryprocedural decisionevidentiary decision
References
Case No. ADJ10127263
Regular
Jun 14, 2018

SANTIAGO MALDONADO RODRIGUEZ vs. SUNRIDGE LANDSCAPE MAINTENANCE, AMERICAN CLAIMS MANAGEMENT, INC.

The Workers' Compensation Appeals Board (WCAB) dismissed Santiago Maldonado Rodriguez's Petition for Reconsideration. The petition sought review of a non-final "Notice of Intention to Disburse Attorney Fee," which the WCAB clarified is not an order. Petitions for reconsideration can only be filed from final orders, decisions, or awards that determine substantive rights or liabilities or threshold issues. As the notice was not a final order, the WCAB dismissed the petition.

Petition for ReconsiderationNon-Final OrderFinal OrderSubstantive RightLiabilityThreshold IssueInterlocutoryProcedural DecisionsEvidentiary DecisionsNotice of Intention to Disburse Attorney Fee
References
Case No. ADJ9139200
Regular
Dec 11, 2015

MATTHEW BAKES vs. KAISER FOUNDATION HOSPITAL

The Workers' Compensation Appeals Board (WCAB) dismissed Matthew Bakes' petition for reconsideration because it was filed against a non-final order. California law requires petitions for reconsideration to be based on "final" orders that determine substantive rights, liabilities, or threshold issues, not interlocutory procedural or evidentiary decisions. The WCJ's decision at issue here only resolved an intermediate procedural or evidentiary matter. Thus, it was not a final order, and the petition was procedurally improper.

Petition for ReconsiderationNon-final orderFinal orderSubstantive rightLiabilityThreshold issueInterlocutoryProcedural decisionsEvidentiary decisionsRemoval
References
Case No. ADJ8868906
Regular
Feb 22, 2016

MICHELLE CANCHOLA vs. COUNTY OF LOS ANGELES

This case involves a petition for reconsideration that was dismissed because it was filed from a non-final order. The Workers' Compensation Appeals Board (WCAB) clarified that reconsideration is only available for final orders that determine substantive rights, liabilities, or threshold issues. An interlocutory procedural decision, such as a notice of intent to dismiss a lien for failure to appear at a conference, is not a final order. While the petition was dismissed, it will be considered as a timely objection to the notice of intent to dismiss.

Petition for ReconsiderationNon-final orderFinal orderSubstantive right or liabilityThreshold issueInterlocutoryProcedural decisionsEvidentiary decisionsLien claimantNotice of Intent to dismiss
References
Case No. ADJ5756567
Regular
May 20, 2015

JOSEPH BRAMBLE vs. STATE FARM, CNA CLAIMS PLUS

This case involves Joseph Bramble appealing a non-final order from the Workers' Compensation Appeals Board (WCAB). The WCAB dismissed the petition because reconsideration can only be sought from a final order that determines substantive rights, liabilities, or threshold issues. The judge's decision addressed an intermediate procedural or evidentiary matter, not a final determination of the case. The WCAB noted that reconsideration of the Summary Rating Determination should be filed with the Administrative Director, not the WCAB.

Petition for ReconsiderationNon-final orderFinal orderSubstantive right or liabilityThreshold issueInterlocutoryProcedural decisionsEvidentiary decisionsSummary Rating DeterminationAdministrative Director
References
Case No. ADJ9534817
Regular
Mar 08, 2016

AARON HENDERSON vs. FAIRVIEW FORD, TRAVELERS INSURANCE

The Workers' Compensation Appeals Board (WCAB) dismissed Aaron Henderson's petition for reconsideration because it was filed against a non-final order. A petition for reconsideration is only permitted from a final order that determines substantive rights, liabilities, or a fundamental threshold issue. The WCJ's decision in this case addressed an intermediate procedural or evidentiary matter, thus it was not a final order. Furthermore, the WCAB found no basis for removal, as the applicant failed to demonstrate substantial prejudice or irreparable harm.

Petition for ReconsiderationNon-final orderWCJ reportSubstantive right or liabilityThreshold issueInterlocutory proceduralEvidentiary decisionsRemovalSubstantial prejudiceIrreparable harm
References
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