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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. ADJ6408456
Regular
May 17, 2010

KENNETH M. HOOVER vs. CITY OF POMONA

The Appeals Board granted reconsideration of the WCJ's award of 100% permanent total disability. The Board found that the WCJ's decision was not supported by substantial evidence, primarily due to deficiencies in Dr. Grodan's medical reporting regarding the applicant's skin and cardiovascular conditions. The matter was returned to the trial level for further development of the record and a new decision. The Board confirmed the application of the 1997 Permanent Disability Rating Schedule and the admission of Dr. Shirman's report.

WORKERS' COMPENSATION APPEALS BOARDADJ6408456KENNETH M. HOOVERCITY OF POMONAreconsiderationFindings and Award and Orderworkers' compensation administrative law judgeWCJMay 172010
References
Case No. ADJ7139426
Regular
Nov 27, 2012

ROGER KNIGHT vs. NEW ORLEANS SAINTS, LWCC BATON ROUGE

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for reconsideration of a September 10, 2012 decision. This action was taken due to statutory time constraints and a preliminary review indicating the need for further study of the factual and legal issues. The WCAB believes granting reconsideration is necessary for a complete understanding and to ensure a just decision. All future communications regarding this case must be filed in writing with the WCAB Commissioners in San Francisco.

WORKERS' COMPENSATION APPEALS BOARDReconsiderationPetition for ReconsiderationStatutory time constraintsFactual issuesLegal issuesJust and reasoned decisionDecision After ReconsiderationElectronic Adjudication Management SystemAnaheim District Office
References
Case No. ADJ12788878
Regular
Dec 10, 2020

MARIO LUPERCIO PEREZ vs. ARMANDO CHAN dba CHAN DRAINAGE, MARKEL INSURANCE CO.

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration because it was filed as a removal petition challenging interlocutory issues. Although the WCJ's decision contained a final threshold finding of injury AOE/COE, the defendant only disputed the specialty of a QME and the timeliness of an objection, which are interlocutory. The Board found no significant prejudice or irreparable harm to justify removal, and that reconsideration would be an adequate remedy later if a final adverse decision issues.

Workers' Compensation Appeals BoardPetition for ReconsiderationThreshold IssueInterlocutory IssueInjury AOE/COEQualified Medical Evaluator (QME)Treating Physician ReportRemoval StandardSignificant PrejudiceIrreparable Harm
References
Case No. MON 339411
Regular
Jun 27, 2008

DIONISIO JIMENEZ vs. NUPAC APARTMENTS, STATE COMPENSATION INSURANCE FUND

This case involves a defendant's petition for reconsideration of a prior Workers' Compensation Appeals Board (WCAB) decision. The WCAB has granted the petition, acknowledging the need for further review of the factual and legal issues. This reconsideration is being undertaken to ensure a thorough understanding of the record and to enable the Board to issue a just decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting ReconsiderationDecision After ReconsiderationStatutory Time ConstraintsFactual IssuesLegal IssuesJust and Reasoned DecisionReconsideration UnitNupac Apartments
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. ADJ11568028
Regular
Mar 03, 2020

STEPHANIE MAHONEY vs. YMCA; TWIN CITY FIRE INSURANCE, administered by SEDGWICK

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration because it was filed against a non-final, interlocutory order regarding venue. The WCAB reiterated that reconsideration is only proper for final orders that determine substantive rights or threshold issues. Furthermore, the WCAB denied the defendant's Petition for Removal, finding no evidence of substantial prejudice or irreparable harm that would necessitate such an extraordinary remedy. The WCJ's decision on venue was deemed an intermediate procedural ruling, not subject to appeal at this stage.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFinal OrderInterlocutory DecisionProcedural IssueEvidentiary IssueSubstantive RightThreshold IssueExtraordinary Remedy
References
Case No. ADJ10490298
Regular
Dec 13, 2019

NORMAN SILVA vs. BARRETT BUSINESS SERVICES, INC.; ON BEHALF OF ACE AMERICAN INSURANCE COMPANY, administered by CORVEL

The Appeals Board denied Norman Silva's Petition for Reconsideration because the underlying WCJ decision resolved threshold issues like employment and injury arising out of and occurring in the course of employment, making it a final order. Petitioner's challenge focused solely on the administrative issue of the QME selection, not the merits of the final findings. The Board found no grounds for removal, as petitioner failed to demonstrate significant prejudice or irreparable harm from the QME issue, nor was there evidence of ex parte communication. Consequently, the petition was denied, and the WCJ's decision stands.

Workers' Compensation Appeals BoardPetition for ReconsiderationThreshold IssueFinal DecisionInjury Arising Out of and In the Course of Employment (AOE/COE)Employment RelationshipStatute of LimitationsRemovalPanel Qualified Medical Examiner (QME)Ex Parte Communication
References
Case No. ADJ10365809 ADJ9413677 ADJ9231147 ADJ9414072
Regular
Oct 06, 2017

GINA LUTTENEGGER vs. CITY OF MANHATTAN BEACH

The Workers' Compensation Appeals Board dismissed Gina Luttenegger's petition for reconsideration because it was taken from an interlocutory order regarding the disqualification of an agreed medical examiner, not a final determination of substantive rights or liabilities. The Board also denied her petition for removal, finding no substantial prejudice or irreparable harm would result from denial, and that reconsideration would be an adequate remedy if a final adverse decision is issued. The applicant can still request a supplemental report from the AME.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFinal OrderInterlocutory DecisionProcedural IssueEvidentiary IssueThreshold IssueAgreed Medical Examiner (AME)Substantial Prejudice
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
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