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

Case No. ADJ10020893
Regular
Aug 21, 2017

TZITZIRI BOLANOS ZACARIAS vs. MARZ FARMS, ZENITH INSURANCE COMPANY

This case involves Zenith Insurance Company's petition for reconsideration of a $250 sanction order. The sanction was imposed because Zenith and its attorneys failed to appear at a status conference due to an alleged calendaring error. Zenith argued this was an inadvertent mistake, not bad faith, and requested relief under WCAB Rule 10561. The Workers' Compensation Appeals Board denied reconsideration, adopting the judge's report that found no reasonable excuse for the failure to appear. One commissioner dissented, believing the sanctions were unjust given the isolated, inadvertent nature of the calendaring error and Zenith's prompt resolution of the underlying issue.

Workers Compensation Appeals BoardPetition for ReconsiderationOrder Imposing SanctionsStatus ConferenceNotice of Intention to SanctionReasonable ExcuseCalendaring ErrorWCAB Rule 10561Labor Code section 5813Bad Faith
References
0
Case No. MISSING
Regular Panel Decision
Nov 02, 1981

Liberty Mutual Insurance v. Newman

Plaintiff insurer, Liberty Mutual Insurance Company, mistakenly paid $9,805.66 to defendant Ruth Newman, intended for an aggregate trust fund related to her deceased husband's workers' compensation benefits. After forwarding the correct payment to the fund, Liberty Mutual sought restitution from Newman, who refused. The Workers' Compensation Board declined to intervene, stating no recourse existed under the Workers' Compensation Law for the error. Special Term initially granted summary judgment to Liberty Mutual. On appeal, the judgment was modified, with the Appellate Division agreeing it was a mistake of fact, not an overpayment of benefits, thus affirming the denial of Newman's summary judgment motion. However, the case was remitted to Special Term for a hearing to determine if ordering full restitution would cause a detrimental change in Newman's position regarding her benefits, and clarified that interest and costs should not be awarded against her.

restitutionmistake of factworkers' compensationsummary judgmentunjust enrichmentdetrimental relianceequityinsurance carrieraggregate trust fundappellate review
References
19
Case No. ADJ2867157 (VNO 0476310) ADJ4292086 (VNO 0470201)
Regular
Jan 05, 2012

TERESA VASQUEZ vs. LOS ANGELES UNIFIED SCHOOL DISTRICT

This case involves a clerical error in a Workers' Compensation Appeals Board order. The Board inadvertently listed January 21, 2011, as the filing and service date for its December 21, 2011, opinion and orders. The correction order clarifies that the correct filing and service date was indeed December 21, 2011. This amendment is a procedural correction of a minor administrative mistake.

Workers' Compensation Appeals Boardclerical erroropinion and orderspetitions for reconsiderationremovalfiling and service datecorrect file datecorrect service dateADJ2867157VNO 0476310
References
0
Case No. ADJ226848 (AHM 0106960)
Regular
Oct 09, 2017

EDUARDO ESQUEDO vs. PREFERRED PERSONNEL SERVICE, ZURICH NORTH AMERICA, GALLAGHER BASSETT SERVICES

The Appeals Board reviewed the WCJ's decision to sanction a lien claimant for bad faith tactics. The claimant had inadvertently filed a lien for services on an incorrect date and continued to pursue reimbursement after notice of the error. While acknowledging the initial mistake might have been excusable, the Board upheld the finding of sanctionable conduct. However, the Board exercised its discretion to reduce the sanction amount from $\$ 1,500.00$ to $\$ 500.00$.

Workers' Compensation Appeals BoardReconsiderationLien ClaimantSanctionsBad Faith TacticsFrivolous PetitionDelayInterpreting ServicesInadvertent FilingMandatory Settlement Conference
References
0
Case No. ADJ10614811
Regular
Aug 19, 2019

JESUS ZUNIGA, vs. GAMA CONTRACTING SERVICE; BERKLEY SPECIALTY,

The Workers' Compensation Appeals Board granted reconsideration and rescinded the dismissal of a lien claim. The lien claimant's representative failed to appear at a hearing, leading to the initial dismissal. While the lien claimant submitted declarations with incorrect hearing dates, the Board found that the dismissal should be reconsidered. The matter is returned to the trial level for a hearing on whether the dismissal should be set aside due to mistake, inadvertence, surprise, or excusable neglect.

Tri County Medical Grouplien claimantPetition for ReconsiderationOrder Dismissing Lieninadvertent mistakeDeclaration of Ana MartinezReport and Recommendationsupplemental pleadinglien conferenceNotice of Intent to Dismiss
References
5
Case No. OAK 0280463
Regular
Dec 12, 2007

MICHAEL ELDERKIN vs. RCC CONSTRUCTORS AND CIGA BY BROADSPIRE SERVICES FOR LEGION INSURANCE COMPANY, IN LIQUIDATION

This case concerns a worker's compensation applicant seeking reconsideration of an award that set his average weekly wage below the maximum rate. The Appeals Board granted reconsideration, finding that the defendant failed to demonstrate good cause to withdraw from a prior stipulation between the parties establishing the applicant's earnings at the maximum rate. The Board emphasized that stipulations should be upheld unless there is clear evidence of mistake or inadvertence, not simply an unfavorable outcome for a party.

Workers' Compensation Appeals BoardMichael ElderkinRCC ConstructorsCIGABroadspire ServicesLegion Insurance CompanyIron FabricatorIndustrial InjuryBack InjuryHip Injury
References
2
Case No. ADJ7917765
Regular
Mar 16, 2018

ANA MARIA GRAJEDA vs. TRISTAR STAFFING, Dba QUALITY STAFFING SERVICES, LUMBERMEN'S UNDERWRITING ALLIANCE

The Workers' Compensation Appeals Board denied reconsideration of a $500 lien settlement. The lien claimant sought to overturn the stipulation, alleging due process violations and entitlement to reimbursement for self-procured medical care. The Board found no good cause to set aside the stipulation, as petitioner was represented and failed to demonstrate mistake, inadvertence, or new evidence. Therefore, the stipulation and order approving the $500 payment remain in effect.

Workers' Compensation Appeals BoardAna Maria GrajedaTristar StaffingLumbermen's Underwriting AllianceOptimal Health InstituteJie Ci DingStipulation and OrderCompromise And Releaseindustrial injuryback injury
References
3
Case No. AHM 0057408
Regular
Apr 28, 2008

LINDALL. MILLER vs. LIFEWAY CHRISTIAN STORE, FIREMAN'S FUND INSURANCE COMPANY

This case involves lien claimants seeking reconsideration of an administrative law judge's order dismissing their lien claims due to failure to appear at a status conference. The Workers' Compensation Appeals Board dismissed the lien claimants' petition for reconsideration as untimely. However, the Board noted that the lien claimants may still file a trial-level petition to set aside the dismissal based on mistake, inadvertence, surprise, or excusable neglect.

Workers' Compensation Appeals BoardLien ClaimantsPetition for ReconsiderationDismissalNotice of Intention to DismissStatus ConferenceCompromise and ReleaseWCJLabor Code § 5903Code of Civil Procedure § 1013(a)
References
1
Case No. ADJ9734483, ADJ9502727
Regular
Oct 08, 2015

JUAN PALMA vs. CORNERSTONE CONSTRUCTION COMPANY, STATE COMPENSATION INSURANCE FUND

This case involves an applicant whose case, ADJ9502727, was inadvertently dismissed due to a clerical error when he filed a dismissal petition for a duplicative case, ADJ9734483. Although the applicant's petition for reconsideration was untimely and therefore dismissed, the Appeals Board granted removal on its own motion. The Board rescinded the erroneous dismissal order for ADJ9502727, finding it caused significant prejudice and was a correctable clerical mistake. The matter is now returned to the trial level for further proceedings.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Dismissing CaseADJ9502727ADJ9734483WCJremovalclerical erroruntimely petitionrescinded order
References
5
Case No. ADJ18697538
Regular
Oct 31, 2025

IVAN BABENKO vs. ENCORE GROUP, ACE AMERICAN INSURANCE COMPANY

Defendant sought reconsideration of an Order Imposing Sanctions and Costs issued by a Workers' Compensation Administrative Law Judge (WCJ), citing acute illness as the reason for failing to appear at an expedited hearing. The Appeals Board granted the defendant's petition for reconsideration. Consequently, the Board rescinded the original order for sanctions and costs, returning the matter to the trial level for further proceedings to evaluate the defendant's arguments regarding mistake, inadvertence, or excusable neglect.

Expedited hearingPetition for ReconsiderationSanctionsCostsFailure to AppearOrder to Show CauseNotice of IntentBill of ParticularsRescindedReturned to Trial Level
References
7
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