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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. ADJ8128282
Regular
Jan 23, 2014

ANGELA EGBIKUADJE vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, returning the case for further proceedings. The defendant, California Department of Corrections and Rehabilitation, argued that the applicant's psychiatric injury claim was preempted by the ADA and not proven under Labor Code section 3208.3. The Board found the original decision lacked proper analysis regarding predominant industrial causation and the good faith personnel action defense. Therefore, the case was remanded for further development of the record, including expert medical opinion on these issues.

Workers' Compensation Appeals BoardAngela EgbikuadjeCalifornia Department of Corrections and RehabilitationLegally UninsuredState Compensation Insurance FundADJ8128282Van Nuys District OfficeReconsiderationFindings and AwardIndustrial cumulative trauma injury
References
Case No. ADJ6834203
Regular
Dec 05, 2013

ROGELIO AVILA vs. EXPRESS SERVICES GROUP, LLC, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) denied reconsideration of an order dismissing Rogelio Avila's case for lack of prosecution. The WCJ issued an intent to dismiss after Avila and his counsel failed to respond to notices and a dismissal petition, despite the admitted industrial injury to his knee. The majority found no good cause to set aside the dismissal. However, one commissioner dissented, arguing for granting reconsideration to allow the case to proceed on its merits, emphasizing the policy favoring substantial justice and the minimal prejudice to the defendant.

Petition for ReconsiderationOrder of DismissalLack of ProsecutionNotice of Intent to DismissIndustrial InjuryPermanent DisabilityTreating PhysicianAppeals Board Rule 10582Pre-dismissal LetterGood Cause
References
Case No. ADJ780584, ADJ7543597
Regular
Feb 25, 2016

Diana Muniz vs. Edward Chen, M.D., The Hartford Insurance Company of the Midwest

The Workers' Compensation Appeals Board (WCAB) granted a lien claimant's petition for reconsideration of an order dismissing their lien. The lien claimant's representative mistakenly appeared at a different hearing, failing to appear at the scheduled lien conference. Despite the WCAB acknowledging the claimant's objection and the error, they affirmed the dismissal of the lien because the claimant failed to demonstrate good cause for their absence, as lien claimants are responsible for appearing at noticed hearings. Therefore, the lien was ultimately dismissed with prejudice due to the failure to appear and lack of good cause.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationOrder Dismissing LienNotice of Intention to DismissLien ConferenceGood CauseFailure to AppearWCJWCAB Rule 10240
References
Case No. ADJ3865022 (LAO 837425) ADJ1234925 (LAO 837426) ADJ4652554 (LAO 889199) ADJ4467339 (LAO 889200)
Regular
Dec 08, 2008

MANUEL VILLARREAL vs. DELUXE LABORATORIES, LIBERTY MUTUAL INSURANCE COMPANY

The Appeals Board denied Defendant's petition for removal, finding no substantial prejudice or irreparable harm, and dismissed their petition for reconsideration as it was not from a final order. The Board noted that Applicant's refiling of dismissed claims was procedurally irregular and that the WCJ incorrectly denied dismissal on procedural grounds without addressing the substantive issue of good cause for relief from dismissal. The case is returned to the trial level for the WCJ to consider Defendant's contention that Applicant must show good cause to set aside the earlier dismissal order and to potentially dismiss the later-filed applications.

Petition for RemovalPetition for ReconsiderationWCJDismissal Without PrejudiceDuplicate ClaimsStatute of LimitationsLabor Code Section 5405Applications for Adjudication of ClaimNotice of Intention to DismissGood Cause to Set Aside Dismissal
References
Case No. ADJ9706171
Regular
Sep 14, 2018

AMPARO RUSOW vs. NUESTRA GENTE, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration as it was not from a final order. However, the WCAB granted the defendant's Petition for Removal, finding that both parties would suffer irreparable harm if the dismissal issue was not thoroughly adjudicated. The WCAB rescinded both the Order of Dismissal and the Order Rescinding Dismissal. The matter was returned to the trial level for further proceedings to determine if the applicant had shown good cause to avoid dismissal.

Petition for RemovalPetition for ReconsiderationOrder Rescinding Order of DismissalOrder of DismissalFailure to ProsecuteGood CauseWCJ Report and RecommendationIrreparable HarmSubstantive RightAdjudication
References
Case No. ADJ8552899
Regular
Jun 12, 2017

ANTWANETTE SCONIERS vs. UNIVERSAL PROTECTION SERVICES, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an order dismissing a lien claim. The WCJ had dismissed the lien for non-appearance at a lien conference. However, the WCJ issued the dismissal order before the statutory 15-day period for objection had expired. Therefore, the WCAB vacated the dismissal order and remanded the case for further proceedings to determine if the lien claimant had good cause to object.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationOrder Dismissing Lienlien claimantWCJCompromise and ReleaseDeclaration of Readinesslien conferenceNotice of Intent to Dismiss LienNon-Appearance
References
Case No. ADJ4391713 (MON 0354049)
Regular
Jul 19, 2012

JANET BALDONADO vs. KAISER PERMANENTE MEDICAL CARE PROGRAM

This case involves a petition for reconsideration by several lien claimants whose liens were dismissed with prejudice by a workers' compensation judge. The lien claimants failed to appear at a scheduled lien trial. The judge dismissed the liens for failure to appear and later found that the lien claimants' objections, citing clerical error and a request for the judge to call their representative, did not constitute good cause for reinstatement. The Workers' Compensation Appeals Board denied the petition for reconsideration, upholding the dismissal of the liens.

WCABLien ClaimantsDismissal with PrejudiceStipulations with Request for AwardCumulative Industrial InjuryPermanent DisabilityLien TrialNotice of Intention to Dismiss Liens10 Day NOIFailure to Appear
References
Case No. ADJ392463 LAO 0860641 ADJ3776938 LAO 0860640 ADJ4582098 LAO 0860639
Regular
Aug 13, 2013

RENEE MOE vs. RALPHS GROCERY COMPANY, permissibly self-insured; SEDGWICK CMS, Sedgwick

Here's a summary for a lawyer, in four sentences maximum: The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration because it was filed from a non-final interlocutory order. The WCAB also denied the defendant's petition for removal, adopting the Workers' Compensation Judge's report. The judge had vacated the dismissal of a lien claimant's lien for psychiatric treatment, finding good cause due to the claimant's representative's verified explanation of illness and retirement. The WCAB admonished the defendant for improperly filing the petition, which unnecessarily delayed proceedings.

Petition for ReconsiderationDenial of RemovalFinal OrderSubstantive RightInterlocutory OrderExcusable NeglectLien ClaimantActivation FeeDismissal of LienVacating Dismissal
References
Case No. ADJ7671309
Regular
Jul 28, 2014

ISRAEL SALAZAR vs. HEALTHCARE SERVICES GROUP, ZURICH NORTH AMERICA

This case concerns a lien claimant's petition for reconsideration after their lien was dismissed with prejudice for failing to appear at a scheduled lien conference. The lien claimant's representative claimed the non-appearance was due to a calendaring error, believing the appearance was at 1:30 PM instead of in the morning. The Workers' Compensation Appeals Board (WCAB) denied the petition. The WCAB found that the representative's explanation did not constitute good cause and that his mere presence in the courtroom for other matters did not constitute an appearance for this specific conference.

WCABLien ClaimantPetition for ReconsiderationDismissalNon-AppearanceLien ConferenceGood CauseExcusable NeglectWCJOrder Dismissing
References
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