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

Case No. ADJ17611095; ADJ17611096
Regular
Feb 21, 2025

ALEXANDRYA WOLFE vs. CLAIRES AND STONINGTON INSURANCE CO, GALLAGHER BASSETT

Applicant Alexandrya Wolfe sought reconsideration of a WCJ's Order of Dismissal for inactivity in two cases (ADJ17611095, ADJ17611096). Applicant argued they were receiving medical care and were ready to proceed, having filed objections to both the defendant's petition to dismiss and the WCJ's notice of intention to dismiss. The Workers' Compensation Appeals Board reviewed the petition, answer, and WCJ's report. The Board determined that the WCJ erred by dismissing the cases without properly addressing applicant's objections or setting the matter for a hearing, thereby violating due process. Consequently, the Board granted the petition for reconsideration, rescinded the Orders of Dismissal, and returned the matter to the WCJ for further proceedings.

WCAB Rule 10550Petition for ReconsiderationOrder of DismissalNotice of Intention to DismissLack of ProsecutionMedical TreatmentReady Willing AblePetition to Dismiss Inactive CaseMandatory Settlement ConferenceHearing Representative
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. ADJ6855574
Regular
Mar 25, 2013

JORGE RIVERA LOPEZ vs. STONELEDGE FURNITURE, LLC, HARTFORD

This case concerns a Petition for Reconsideration by lien claimants whose liens were dismissed for failure to pay the mandatory lien activation fee under Labor Code §4903.06. The Workers' Compensation Appeals Board denied reconsideration, adopting the WCJ's report which found the dismissal mandatory and proper. The Board affirmed it lacks the authority to declare statutes unconstitutional and must enforce them as written. Therefore, the liens were correctly dismissed with prejudice for non-payment of the activation fee.

Workers' Compensation Appeals BoardLien activation feeSB 863Labor Code §4903.06Labor Code §4903.07Dismissal with prejudiceReconsideration deniedLien claimantsPrime Medical ResourcesInc.
References
Case No. ADJ8902882
Regular
Jan 08, 2016

Veronica Sanchez vs. TJX Companies/Marshalls of California, LLC, Zurich American Insurance Company

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a prior dismissal order. The original dismissal was issued because lien claimant Able Physical Therapy failed to appear at a lien conference and did not object to a Notice of Intention to Dismiss. However, the WCAB found that the dismissal order erroneously dismissed the entire application, not just Able's lien, which was the scope of the notice. The WCAB also noted that Able claimed a settlement had been reached prior to the conference.

Petition for ReconsiderationOrder of DismissalLien ConferenceNotice of Intention to DismissWorkers' Compensation Appeals BoardWCJPro PerLien ClaimantSettlementLack of Communication
References
Case No. ADJ7207713; ADJ7564833 ADJ7225655
Regular
Feb 05, 2013

CARMEN CARRASCO vs. LOS ANGELES DODGERS, ACE INSURANCE COMPANY

This case concerns lien claimants whose liens were dismissed for failing to appear at a lien conference. The Appeals Board granted reconsideration, rescinding the dismissal for Metropolitan Health Medical Group due to insufficient proof of service. However, the dismissals for Kohanim Chiropractic and Marina Kuznetsova were affirmed due to their failure to appear and lack of objection. The matter for Metropolitan Health Medical Group is remanded for further proceedings.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissal of LiensLien ConferenceExcusable NeglectProof of ServiceRescinded DismissalAffirmed DismissalTrial Level ProceedingsCalifornia Code of Regulations
References
Case No. ADJ7787995 ADJ7915018
Regular
Jan 22, 2018

JOSEPH JOHNWELL (Deceased), SA’EEDA JOHNWELL (Widow) vs. DUARTE UNIFIED SCHOOL DISTRICT, YORK RISK SERVICE GROUP

This case involved a widow's petition for reconsideration of a dismissal order for her deceased husband's workers' compensation claims. The original dismissal was due to the widow's failure to attend a mandatory settlement conference and a lack of good cause for her absence. The widow argued the dismissal was procured by fraud, alleging the defendant misrepresented the status of benefits and medical opinions. The Appeals Board denied reconsideration, finding the petition untimely and lacking sufficient proof of fraud, and affirming the dismissal was based on the failure to appear.

Petition for ReconsiderationDismissalMandatory Settlement ConferenceFailure to AppearNotice of Intention to DismissWidowDependentFraudOffer of ProofLabor Code Section 5803
References
Case No. ADJ4250427 (MON 0359204)
Regular
Sep 16, 2011

ANA AGUILAR vs. METRO BUILDING MAINTENANCE, STATE COMPENSATION INSURANCE FUND

In this case, the Workers' Compensation Appeals Board granted reconsideration and rescinded an order dismissing applicant Ana Aguilar's claim for lack of prosecution. The Board found that applicant's attorney was relieved as counsel and had lost contact with the applicant prior to the dismissal order, raising due process concerns. The dismissal order was based on a defendant's petition and a notice of intention to dismiss, but the Board found no evidence that the applicant actually received these notices. Therefore, the matter was returned to the trial level to ensure the applicant has an opportunity to be heard.

WCAB Rule 10582dismissal for lack of prosecutionex parte orderdue processlack of noticepetition for dismissalnotice of intention to dismissmotion to be relieved as counselcumulative traumamaintenance worker
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. ADJ7639697
Regular
Dec 18, 2014

JUAN CARRILLO vs. TAVERNA TONY, YORK RISK SERVICES GROUP

This case involves a defendant's Petition for Removal challenging the suspension of a lien dismissal. The administrative law judge initially suspended the dismissal of Joyce Altman Interpreters' lien pending trial. Subsequently, the case was taken off calendar, and the judge then issued an order dismissing the lien, which became final as no reconsideration was sought. Because the lien has been dismissed, the defendant's petition for removal regarding the earlier suspension is now moot and has been dismissed by the Appeals Board.

Petition for RemovalOrder Suspending Notice of Intent to Dismiss Lienlien trialObjection to dismissaluntimely objectionOrder to Dismiss Liensmoot petitionWorkers' Compensation Appeals BoardWCJlien dismissal
References
Case No. ADJ3789891 (STK0214135)
Regular
Sep 07, 2010

JESSE GIMENO vs. SAVE MART SUPERMARKETS, PEGASUS RISK MANAGEMENT

This case involves a petition for reconsideration by lien claimant Dawdy Chiropractic regarding a Notice of Intention to Dismiss Lien. The lien claimant failed to appear at a mandatory settlement conference and argued they never received the dismissal notice. The Workers' Compensation Appeals Board (WCAB) denied the petition for reconsideration. The WCAB adopted the judge's report, which likely found insufficient cause to overturn the dismissal. Ultimately, the lien claimant's petition for reconsideration was dismissed.

Workers' Compensation Appeals Boardlien claimantpetition for reconsiderationNotice of Intention to Dismiss Lienmandatory settlement conferencegood cause showingadministrative law judgereport and recommendationdismissalself-insured
References
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