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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. ADJ608889 (POM 0271021) ADJ1865253 (POM 0271022)
Regular
Jul 09, 2009

BARBARA GARCIA vs. COLEN AND LEE, FREMONT EMPLOYERS INSURANCE COMPANY as administered by EMPLOYERS

The Workers' Compensation Appeals Board (WCAB) rescinded the prior award due to a deficient record, specifically the failure to formally admit crucial medical evidence. The WCAB found that the administrative law judge's decision was not based on admitted evidence, necessitating a return to the trial level. Furthermore, the WCAB found the judge's analysis of the "good faith personnel action" defense to be insufficiently explained and lacking in proper legal application. The matter is remanded for further proceedings, including admitting evidence and issuing a new decision consistent with the WCAB's opinion.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardPsychiatric injuryTemporary disabilityPermanent disabilityAdmitting exhibitsOpinion on decisionGood faith personnel actionLabor Code §3208.3
References
Case No. ADJ10257079
Regular
Sep 04, 2019

KIESHA BIRDSONG vs. AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA, THE HARTFORD, administered by CANNON COCHRAN

The Appeals Board granted reconsideration and rescinded the WCJ's Minute Order denying the defendant's petition to terminate temporary disability benefits and set aside a stipulation and award. The Board found the defendant's petition timely. However, the WCJ's decision lacked any admitted evidence, preventing review. The matter is returned to the WCJ for further proceedings and decision based on admitted evidence.

Workers' Compensation Appeals BoardPetition for ReconsiderationMinute OrderStipulation and AwardTemporary Disability BenefitsWCJSet Aside PetitionAdmitted EvidenceExpedited HearingSubstantive Right
References
Case No. ADJ9499148
Regular
Mar 28, 2018

GUMERCINDO ANGUIANO ARAUJO vs. YUKON PLASTERING, INC.; STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration and rescinded the WCJ's order disallowing lien claimant's lien. The original order dismissing the lien was based on insufficient evidence in the record, as no testimony was taken and no exhibits were formally admitted into evidence. The Board found the verification defect in the petition for reconsideration to be non-jurisdictional and not prejudicial to the defendant. The case is returned to the trial level for further proceedings to develop the record and properly admit evidence.

Petition for ReconsiderationLien ClaimantStipulation Award OrderLabor Code section 5402Date of InjuryPretrial Conference StatementAdmitted EvidenceRecord of ProceedingsWCAB Rule 10750(a)Hamilton v. Lockheed Corporation
References
Case No. ADJ2785272 (MON 0214399)
Regular
Jul 20, 2012

OLE BARRING vs. MCMAHAN'S FURNITURE COMPAN, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION by SEDGWICH CLAIMS for FREMONT INDEMNITY, TIG/FAIRMONT, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted TIG/Fairmont's petition for reconsideration. The Board rescinded the arbitrator's Finding of Facts due to procedural deficiencies, specifically the failure to adequately document the admitted evidence and provide a proper report on reconsideration. The case is returned to the arbitrator to issue a statutorily compliant decision, clearly identifying all admitted evidence and stipulations. The arbitrator is instructed to consider only previously submitted exhibits and evidence.

Workers' Compensation Appeals BoardPetition for ReconsiderationArbitration Finding of FactsCumulative Trauma InjuryInsurance CoverageLiquidationAdministrative Law JudgeMemorandum of HearingStipulationsAdmitted Exhibits
References
Case No. ADJ8518632
Regular
May 09, 2017

HORACIO MONTOYA vs. CBC FRAMING, INC., ARCH INSURANCE COMPANY, A B GALLAGHER BASSETT

The WCAB granted the defendant's Petition for Removal regarding a prior WCJ order compelling a Functional Capacity Evaluation. Removal was granted because the WCJ's order was based on a medical report that had not been formally admitted into evidence, preventing meaningful review. The Board will now admit the defendant's medical report into evidence for the limited purpose of determining the Petition for Removal. This action is an extraordinary remedy due to the prejudice caused by relying on unadmitted evidence.

RemovalFunctional Capacity EvaluationIndustrial InjuryPrejudiceIrreparable HarmAdmitted EvidenceQualified Medical EvaluationExhibit AAdministrative Law JudgePetition for Removal
References
Case No. ADJ10765144
Regular
Aug 07, 2019

CARLOS CHAVEZ vs. CAM CONSTRUCTION PARTNERS INC., CYPRESS INSURANCE COMPANY C/O BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, finding that the WCJ's May 7, 2019 Findings and Order lacked a factual basis in the admitted evidence. The Board rescinded the F&O and returned the case for further proceedings due to the absence of admitted evidence supporting the order for an additional neurological QME panel. The Board deemed the removal petition timely despite unclear service of the F&O to ensure substantial justice.

Petition for RemovalQualified Medical EvaluatorNeurologyOrthopedicsFindings and OrderService of ProcessTimelinessIrreparable HarmSubstantial EvidenceWorkers' Compensation Appeals Board
References
Case No. ADJ1845403
Regular
Jan 13, 2010

GERALD WILLIAMS vs. OAK GROVE INSTITUTE, LIBERTY MUTUAL INSURANCE COMPANY

This case involves a defendant's petition for reconsideration of an award finding an industrial injury and temporary disability for the applicant. The defendant argued the award lacked substantial medical evidence and sought to introduce a medical report not previously admitted. The Appeals Board denied reconsideration because the defendant failed to comply with procedural rules by quoting from an inadmissible report and not disclosing it was unadmitted. The Board adopted the WCJ's report recommending denial based on admitted evidence and the defendant's procedural missteps.

Workers' Compensation Appeals BoardIndustrial InjuryTemporary DisabilityMedical EvidenceQualified Medical EvaluatorPetition for ReconsiderationReport and RecommendationAppeals Board Rule 10842Admitted EvidenceMaterial Evidence
References
Case No. ADJ557211 (LBO 0376159)
Regular
Jul 09, 2012

SUSAN SWANSON vs. JEB INDUSTRIES, INC., CHARTIS, INC.

The Appeals Board granted reconsideration of the WCJ's decision due to improper admission of crucial evidence, specifically exhibits 33 and 36. The WCJ's opinion incorrectly stated these exhibits were admitted when they were only marked for identification. Because the parties' arguments heavily relied on these documents, and the WCJ's decision lacked clear citation to admitted evidence, the Appeals Board rescinded the original award. The case is returned to the trial level for proper evidentiary rulings and a new decision based on a complete record.

Workers' Compensation Appeals BoardFindings Award and OrderPetition for ReconsiderationApportionmentMedical TreatmentPsychiatric Consultation ReportForensic Vocational Evaluation ReportSubstantial EvidenceAdmitted EvidenceLabor Code Section 5313
References
Case No. ADJ1525361 (RDG 0090902) ADJ2251806 (RDG 0123225)
Regular
Nov 10, 2014

STEVEN ZINN vs. CHICO NISSAN, INC., STATE COMPENSATION INSURANCE FUND, AUTO DEALERS COMPENSATION OF CALIFORNIA, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION By BROADSPIRE For SUPERIOR NATIONAL In Liquidation

The Workers' Compensation Appeals Board granted CIGA's reconsideration request, rescinding the prior decision which barred CIGA's reimbursement claim. The Board found the original trial judge erred by failing to admit evidence properly and not allowing defendants an opportunity to object, violating due process. The case is returned to the trial level for a new hearing where CIGA can present evidence, defendants can object, and a new decision will be issued based on a complete and admitted record.

CIGAReconsiderationFindings and OrderPetition for ReimbursementLachesEquitable EstoppelAdmitted EvidenceDue ProcessDevelop the RecordStipulations and Request for Award
References
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