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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ2746818
Regular
Dec 16, 2019

GUSTAVO VELA vs. CAFE MIDI. INC, EMPLOYERS COMPENSATION ISURANCE COMPANY

This case involves a Petition for Reconsideration filed by Technology Insurance Company (Petitioner), a non-party, challenging an Order Approving Compromise and Release (OACR) concerning applicant Gustavo Vela. Petitioner sought to set aside the OACR, alleging denial of due process due to an unrelated, subsequent claim involving Petitioner. The Appeals Board dismissed the Petition, primarily because it was filed untimely, exceeding the 25-day jurisdictional deadline after Petitioner received the OACR. Furthermore, even if timely, the Petition would have been dismissed for lack of standing as Petitioner was not a party to the original settlement.

Workers' Compensation Appeals BoardPetition for ReconsiderationCompromise and ReleaseOrder Approving Compromise and Releaseaggrieved personLabor Code section 5900due processcumulative trauma claimadministrative law judgeuntimely petition
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. ADJ8944782
Regular
Sep 24, 2015

MARLYN HERNANDEZ vs. PINK HOUSE IMPORTS, LLC, PROCENTURY INSURANCE COMPANY

Citywide Scanning Service, Inc. sought reconsideration of discovery orders denying its objections, but the Workers' Compensation Appeals Board dismissed its petition. The Board found that the orders were interlocutory and thus not subject to reconsideration. Furthermore, Citywide, not being a party to the underlying case and not demonstrating lien claimant status, lacked standing to object or file the petition. The Board clarified that the proper procedure for contesting interlocutory discovery orders is a petition for removal, but only parties aggrieved may file it.

Petition for ReconsiderationPetition to QuashSubpoena Duces TecumStandingFinal OrderInterlocutory OrderDiscovery MattersLien ClaimantWCAB Rule 10843Petition for Removal
References
Case No. ADJ10084051
Regular
Oct 14, 2019

LIDIO LEONEL TORRES vs. KML SERVICES INC., STATE COMPENSATION INSURANCE FUND

CareMeridian, LLC, a healthcare provider, sought to set aside an approved Workers' Compensation Appeals Board (WCAB) compromise and release (C&R) agreement that resolved the applicant's future medical care. CareMeridian argued it was an aggrieved party and was denied due process regarding payment for its services. The WCAB denied the petition, finding CareMeridian was not a party to the C&R and therefore not entitled to notice or a hearing at the time of its approval. Furthermore, the Board determined that CareMeridian lacked standing to challenge the C&R's adequacy, as the applicant and insurer had the statutory right to compromise their liabilities.

Compromise and ReleasePetition for ReconsiderationAggrieved PartyStandingDue ProcessMedical Provider LienSkeleton PetitionNon-PartyNoticeOpportunity to Be Heard
References
Case No. ADJ2003074 (SFO 0486401) (ADJ3727915 - CONSOLIDATED
Regular
Apr 05, 2010

ALEXANDRA MONTEITH vs. EDWARD LITTLEJOHN, M.D., TIG SPECIALTY INSURANCE COMPANY, RISK ENTERPRISE MANAGEMENT, BERKSHIRE HATHAWAY HOMESTATE COMPANIES (BHHC)

The Workers' Compensation Appeals Board (WCAB) dismissed TIG Specialty Insurance Company's petition for reconsideration because it sought to appeal a non-final order. The WCAB also denied TIG's petition for removal, adopting the WCJ's reasoning that TIG failed to demonstrate substantial prejudice or irreparable injury. This decision confirms that appeals can only be made from final orders that determine substantive rights and liabilities. The WCAB found TIG's argument regarding a non-party's interference with the settlement was not properly before them due to the non-final nature of the appealed order.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalCompromise and ReleaseVacating OrderAdministrative Law JudgeNon-party InterferenceCalifornia Insurance Guarantee Association (CIGA)PrejudiceFinal Order
References
Case No. ADJ7608229
Regular
Oct 07, 2013

ANDREW SPELLERR vs. LONG BEACH MEMORIAL MEDICAL CENTER, TRISTAR RISK MANAGEMENT

Lien claimant Lab-Eval Services sought reconsideration of an order dismissing Dr. Hovsepian's lien for non-appearance at a lien conference. The WCAB denied the petition, adopting the WCJ's report which found that Dr. Hovsepian, as a filed lien claimant, was required to attend. The Board also noted the petition's defective verification and improper service on adverse parties as further grounds for denial. Therefore, the dismissal of Dr. Hovsepian's lien stands with prejudice.

Workers' Compensation Appeals BoardLien claimantPetition for ReconsiderationOrder Dismissing Lien ClaimNon-AppearanceLien ConferenceWCJCompromise and ReleaseDeclaration of ReadinessVerification
References
Case No. ADJ1973537 (SRO 0141664)
Regular
Jun 24, 2019

KENT WARD vs. TIMEC COMPANY, INC., ZURICH AMERICAN INSURANCE COMPANY

The applicant sought reconsideration of an arbitration decision that found his employer, Timec, 25% comparatively negligent for his injury, reducing Timec's credit from a third-party settlement. The applicant argued for a higher employer negligence percentage to increase his potential workers' compensation benefits. The Board denied reconsideration, adopting the Arbitrator's findings and reasoning. The Board found the applicant failed to present evidence to overcome the Arbitrator's negligence determination.

Third-party creditComparative negligenceArbitrator's findingsPetition for reconsiderationLabor Code section 3861Employer's liabilityThird-party claim valueNet settlement amountCredit against workers' compensationEmployer's breach of duty
References
Case No. ADJ9869506
Regular
Jan 17, 2020

BRAYDEN BOISSERANC vs. MELANIE HELTON, TROY HELTON

The Workers' Compensation Appeals Board dismissed Melanie Helton's petition for reconsideration because it was filed from a non-final order, specifically a Notice of Intention, which does not determine substantive rights or liabilities. The petition was also dismissed for failing to be properly verified, despite the administrative law judge's notice of the defect. Additionally, the proof of service was deficient, failing to demonstrate service on all adverse parties. The matter is returned to the trial level for further proceedings.

Petition for ReconsiderationNon-final orderFinal orderSubstantive right or liabilityThreshold issueInterlocutory proceduralEvidentiary decisionsNotice of Intention (NIT)Unverified petitionProof of service
References
Case No. ADJ3496977 (AHM 0123782) ADJ4522580 (AHM 0123784) ADJ285268 (AHM 0123786) ADJ3502821 (AHM 0123784)
Regular
May 24, 2010

CARL DIXON vs. PHILLIPS BUICK, PONTIAC & MAZDA, CLARENDON NATIONAL INSURANCE COMPANY, SECURITY INSURANCE COMPANY

The Appeals Board granted reconsideration sua sponte due to the WCJ's failure to make an express finding on the date of injury in one case and contradictory findings in others despite party stipulations. The Board also rescinded the decision concerning utilization review as it conflicted with current case law. Due to significant procedural and substantive defects in the applicant's petition, including improper filing and a non-attorney preparing the document without disclosure, the Board is providing notice of its intention to impose sanctions on applicant's counsel. The matters are returned to the trial level for further proceedings and decision.

WCABReconsiderationJoint Findings Award and OrderBody shop technicianIndustrial injuryLow backLeft shoulderBilateral wristsBilateral handsPetition for reconsideration
References
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