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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. ADJ2073428 (VNO 0465400) ADJ1610465 (VNO 0540972) ADJ3247765 (VNO 00384869)
Regular
Apr 04, 2011

JAY ZAVERI vs. STATE COMPENSATION INSURANCE FUND; Legally Uninsured

The applicant sought reconsideration of a workers' compensation award, arguing for a 100% permanent disability rating and challenging the permanent disability start date used for attorney fee commutation. The Appeals Board denied the petition, finding insufficient evidence to establish total permanent disability, as the applicant was currently employed and medical opinions did not definitively support such a rating. The Board also ruled that the applicant waived arguments regarding the rating of specific injuries by failing to properly object, and that even if considered, separate ratings for back, knee, and plantar fasciitis conditions would not result in a higher award due to fibromyalgia being the primary cause and rating higher. Finally, the Board clarified that the July 2, 2000 date was only relevant to the attorney fee commutation calculation and not to the determination of permanent disability indemnity payments.

WCABPetition for ReconsiderationJoint Findings and AwardWorkers' Compensation Judge (WCJ)Industrial InjuryBack InjuryHip InjuryBilateral Knee InjuryBilateral Foot InjuryBilateral Plantar Fasciitis
References
Case No. SAU8813471
Regular
Feb 07, 2023

KIMBERLY KENNEY vs. SEGUOYAH, INC., FARMERS INSURANCE EXCHANGE

The Workers' Compensation Appeals Board denied a lien claimant's petition for removal of an order consolidating liens and imposing a temporary stay. The consolidation aims to resolve a common legal issue regarding whether the lien claimant is controlled by a criminally charged physician, which would trigger an automatic stay under Labor Code section 4615. The Board found no due process violation, as the order only stays other lien issues pending the common issue's adjudication. Furthermore, the consolidation serves judicial efficiency by avoiding duplicate rulings on this critical threshold matter.

WCABPetition for RemovalOrder of Consolidation and StayLien ClaimantLabor Code section 4615Due ProcessIssue PreclusionConsolidation OrderWCJFarmers Insurance Exchange
References
Case No. ADJ8620013, ADJ10761228
Regular
Jun 08, 2017

MARK EBERWEIN vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration because it was not filed from a "final" order. The WCAB further denied the applicant's Petition for Removal, finding no showing of substantial prejudice or irreparable harm from denial. The WCJ's decision addressed an intermediate procedural or evidentiary issue, not a substantive right or threshold issue. Therefore, neither reconsideration nor removal was deemed appropriate at this stage.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFinal OrderSubstantive RightThreshold IssueInterlocutory DecisionProcedural IssueEvidentiary IssueExtraordinary Remedy
References
Case No. ADJ10652805
Regular
Nov 16, 2018

JESUS ARELLANO vs. RJP FRAMING, INC.; REDWOOD FIRE AND CASUALTY INSURANCE COMPANY, administered by BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Workers' Compensation Appeals Board dismissed a petition for reconsideration because it was taken from a non-final interlocutory order. The order at issue, which closed discovery, did not determine substantive rights, liabilities, or a threshold issue fundamental to the claim. Therefore, it was not a final order as required for reconsideration under Labor Code sections 5900(a), 5902, and 5903. The Board also found no substantial prejudice or irreparable harm if the petition were treated as a request for removal.

Workers' Compensation Appeals BoardPetition for ReconsiderationFinal OrderInterlocutory OrderProcedural IssueEvidentiary IssueSubstantive RightLiabilityThreshold IssueRemoval
References
Case No. SAU2262762
Regular
Sep 17, 2019

KEVIN TUCKER vs. E.L. YEAGER CONSTRUCTION CO., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, TRISTAR RISK MANAGEMENT

This case concerns whether the California Insurance Guarantee Association (CIGA) must pay a medical lien assigned to EDS Financial Services. The Workers' Compensation Appeals Board denied EDS's petition for reconsideration, upholding a prior ruling that issue preclusion bars EDS from relitigating the lien's status as a "covered claim." The Board found that the identical issues of whether the assigned lien constituted a covered claim under Insurance Code section 1063.1 were actually litigated and decided in a previous case, *Wanda Fullylove*. EDS's arguments regarding separate statutory provisions and the nature of assignments were rejected, as prior litigation fully addressed the claim's covered status under CIGA's statutory framework, including the exclusion for assignee claims.

Workers' Compensation Appeals BoardCalifornia Insurance Guarantee AssociationCIGACovered ClaimIssue PreclusionCollateral EstoppelInsurance Code Section 1063.1(c)(1)(F)Insurance Code Section 1063.1(c)(9)(B)AssigneeLien Claimant
References
Case No. ADJ12205724
Regular
Jul 03, 2019

DENISSE LOPEZ vs. CHINO VALLEY UNIFIED SCHOOL DISTRICT, HCMS

The Workers' Compensation Appeals Board dismissed the Applicant's petition for reconsideration because it was not filed from a "final" order, as it only addressed an intermediate procedural or evidentiary issue. The Board also denied the petition for removal, finding no evidence of substantial prejudice or irreparable harm, nor that reconsideration would be an inadequate remedy. Consequently, the case proceeds as if no reconsideration or removal was granted.

WCABPetition for ReconsiderationPetition for RemovalFinal OrderSubstantive RightLiabilityThreshold IssueInterlocutory DecisionProcedural IssueEvidentiary Issue
References
Case No. ADJ10648626
Regular
Apr 27, 2018

LUBIA CASTANEDA vs. ELITE SUBLIMATION, INC., REPUBLIC UNDERWRITERS INSURANCE COMPANY

The Appeals Board dismissed Lubia Castaneda's petition for reconsideration because the WCJ's decision on venue was an interlocutory procedural issue, not a final order determining substantive rights or liabilities. Therefore, it was not a proper subject for reconsideration. The petition for removal was also denied as Castaneda failed to demonstrate substantial prejudice, irreparable harm, or that reconsideration would be an inadequate remedy.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFinal OrderSubstantive RightThreshold IssueInterlocutory DecisionProcedural IssueEvidentiary IssueExtraordinary Remedy
References
Case No. ADJ3521523 (OAK0322592), ADJ1332416 (WCK 0031685), ADJ4017994 (WCK 0029276)
Regular
Oct 25, 2016

PAMELA ZEILSTRA vs. TARGET STORES

The Workers' Compensation Appeals Board (WCAB) dismissed Pamela Zeilstra's petition for reconsideration because it was not filed from a "final" order. The WCAB determined that the workers' compensation judge's decision only addressed an intermediate procedural or evidentiary issue. Furthermore, the petition for removal was denied, as Zeilstra failed to demonstrate substantial prejudice or irreparable harm, or that reconsideration would not be an adequate remedy.

WCABPetition for ReconsiderationPetition for RemovalFinal OrderSubstantive RightThreshold IssueInterlocutory DecisionProcedural IssueEvidentiary IssueExtraordinary Remedy
References
Case No. ADJ9 131383
Regular
Jul 07, 2017

MARTIN HEREDIA vs. CERTIFIED AVIATION SERVICES, PRAETORIAN INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed the petition for reconsideration because the WCJ's decision addressed an intermediate procedural issue, not a final determination of substantive rights or liabilities. The petition for removal was denied as the applicant failed to demonstrate substantial prejudice or irreparable harm. The Board adopted the WCJ's reasoning in both instances. This ruling clarifies that only final orders are subject to reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalAdministrative Law JudgeFinal OrderSubstantive RightThreshold IssueInterlocutory OrderProcedural IssueEvidentiary Issue
References
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