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

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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. 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. ADJ 8560911
Regular
May 02, 2016

TIM MCDONALD vs. SAN FRANCISCO 49ERS, TIG SPECIALTY COMPANY

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration, rescinding the original award of 73% permanent disability and attorney fees. The Board determined that the 2005 Permanent Disability Rating Schedule, not an older schedule, should be used for rating the applicant's cumulative trauma injury claim filed in 2012. The case is returned to the trial level for a new determination of permanent disability using the 2005 schedule, affirming findings on injury and medical treatment.

Workers' Compensation Appeals BoardSan Francisco 49ersTIG Specialty Companyindustrial injuryprofessional athletefootball playerstrong safetycumulative traumapermanent disabilityapportionment
References
Case No. ADJ6705977 ADJ6880053
Regular
Jun 13, 2014

TERRI SIEGEL vs. WALGREENS, ZURICH AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed the defendant's untimely petition for removal, finding it lacked merit and was frivolous. The Board noted the petition was filed months after the subject orders, violating the 20-day filing deadline. Additionally, the defendant failed to demonstrate prejudice or irreparable harm, or that reconsideration would be inadequate. Consequently, the Board intends to impose sanctions of up to $1,000 on the defendant for filing a baseless petition.

Petition for RemovalUntimely PetitionOrder Vacating SubmissionOrder Taking Off CalendarReport and RecommendationSanctionsFrivolous PetitionLabor Code Section 5813Appeals Board Rule 10561Significant Prejudice
References
Case No. ADJ10793351
Regular
Sep 23, 2019

PHILLIP PUCCIARELLO vs. UNIVERSAL PROTECTION SERVICE, permissibly self-insured dba ALLIED, UNIVERSAL SECURITY, ESIS CHATSWORTH

The Workers' Compensation Appeals Board (WCAB) dismissed defendant's petition for reconsideration because the WCJ's order denying dismissal was not a final order. However, the WCAB granted the defendant's petition for removal. The WCAB found the defendant's initial notice of intent to dismiss was properly served and rescinded the WCJ's denial of dismissal. The matter was returned to the WCJ to issue a ten-day notice of intention to dismiss for failure to prosecute, as defendant's independent investigation of mail delivery was improper.

WCABPetition for ReconsiderationPetition for RemovalWCAB Rule 10582Petition to DismissFailure to ProsecuteOrder Denying Petition for DismissalApplicantDefendantAdministrative Law Judge
References
Case No. SFO 0417742
Regular
Jul 11, 2008

WYNEMA RATTO vs. CENTURY 21 EXCELLENT HOMES, CLARENDON NATIONAL INSURANCE, administered by AARLA

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration, finding the challenged WCJ order was not a final determination of substantive rights. However, the WCAB granted the defendant's Petition for Removal, agreeing the order to produce the entire claims file was overbroad. The WCAB amended the order to require the claims file be produced at trial, allowing the WCJ to determine specific discovery needs if justified by the lien claimant.

Petition for RemovalPetition for ReconsiderationDismissed PetitionGranted PetitionClaims FileOverbroad OrderGood CauseIrreparable HarmReal Estate Broker's AssociateStipulated Awards
References
Case No. ADJ7255629, ADJ7258202
Regular
Apr 23, 2013

ROMALDA MERCADO vs. CM LAUNDRY, LLC, BERKSHIRE HATHAWAY HOMESTATE COMPANIES for CYPRESS INSURANCE COMPANY

This Workers' Compensation Appeals Board order dismisses the applicant's petition for reconsideration of a July 18, 2012 decision. The dismissal is based on the petitioner's withdrawal of the petition. Furthermore, the Board notes that the petition was likely untimely and defective, as indicated in the administrative law judge's report.

Petition for ReconsiderationDismissing PetitionUntimely PetitionDefective PetitionWorkers' Compensation Appeals BoardAdministrative Law Judge's ReportCase NumbersApplicantDefendantsWithdrawal of Petition
References
Case No. LAO 0827740
Regular
Jan 15, 2008

GUILLERMO MALACHOWSKI vs. FEDERATED DEPARTMENT STORES

The Appeals Board vacated its prior order granting reconsideration and dismissed the lien claimant's petition. The lien claimant's letter, treated as a petition, was untimely filed and also failed to meet the verification and specificity requirements for a valid petition for reconsideration. Consequently, the Board reversed its grant of reconsideration and dismissed the lien claimant's purported petition.

Lien claimantPetition for reconsiderationNotice of intention to submitSupplemental Findings and OrderWCJUnverified petitionSkeletal petitionFinal orderLabor Code section 5900Labor Code section 5902
References
Case No. ADJ7728639 ADJ7728660 ADJ7759971
Regular
Mar 01, 2012

CHAD HABERMAN vs. THE SUN VALLEY GROUP

This case involves the defendant's Petition for Removal after a WCJ denied their request to compel a continued deposition of the applicant in Oregon. The defendant argued prejudice due to potential travel costs for their attorney if the deposition remained in California. However, the Appeals Board dismissed the petition, finding no significant prejudice or irreparable harm. The Board emphasized that removal is an extraordinary remedy and reconsideration would be adequate to address future decisions on discovery. The parties were encouraged to resolve discovery disputes informally.

Petition for RemovalPetition to CompelPetition to Quashworkers' compensation administrative law judgeWCJapplicant's depositionproduction of documentsGrant's PassOregonEureka
References
Case No. ADJ2345083 (GOL 0099125)
Regular
Aug 01, 2014

KATHERINE UDD vs. ANTIOCH UNIVERSITY, THE HARTFORD

The Workers' Compensation Appeals Board initially granted reconsideration of a prior decision to further study the case. However, the defendant subsequently withdrew their petition for reconsideration. Consequently, the Board vacated its prior order granting reconsideration and dismissed the defendant's petition. This action effectively returns the case to the original September 10, 2013 Findings of Fact.

Workers' Compensation Appeals BoardAntioch UniversityThe HartfordADJ2345083Order VacatingOrder Granting ReconsiderationDismissing PetitionPetition for ReconsiderationFindings of FactWithdrawal of Petition
References
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