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

Case No. ADJ3808038 (LAO 0819022)
Regular
Feb 11, 2010

NICOLAS F. BENINKOFF (Deceased), LORENA BENINKOFF (Widow) vs. DARCO METAL SURFACING, INC.; and STATE COMPENSATION INSURANCE FUND

The Appeals Board denied petitions for removal and reconsideration from lien claimants and the defendant, and denied the applicant's reconsideration petition. Lien claimants Kan and Ace's petition for removal was denied as they failed to show substantial prejudice, and their reconsideration petition was dismissed as the prior order was not final. The applicant's reconsideration petition was denied because her claim for home healthcare services was deemed an untimely lien claim under Labor Code section 4903.5.

Workers' Compensation Appeals BoardRemovalReconsiderationLien ClaimantsUntimely LienLabor Code section 4903.5Labor Code section 5405Home Healthcare ServicesMedical TreatmentTransportation Expenses
References
5
Case No. SAC 0343316
Regular
Aug 14, 2007

MELODY BRIDGES vs. SCHURMAN FINE PAPERS, CRUM & FORSTER

The Appeals Board granted reconsideration of its prior order dismissing the applicant's petition, finding it was timely filed. Despite the applicant's petition being deemed timely, the Board, adopting the Judge's report, ultimately denied reconsideration of the original April 4, 2007 findings. This rescinds the dismissal order but affirms the denial of the initial request for reconsideration.

Workers' Compensation Appeals BoardPetition to VacateOpinion and Order Dismissing ReconsiderationTimeliness of FilingPetition for ReconsiderationWCJ Findings and OrdersTemporary DisabilitySalary During DisabilityProof of ServiceElectronic Case History Log
References
0
Case No. ADJ8213064, ADJ8222631
Regular
Jan 22, 2016

MUBINA KUSLJUGIC vs. COMMUNITY ASSISTANCE FOR RETARDED & HANDICAPPED, INC., ZENITH INSURANCE COMPANY, ENDURANCE MARKEL, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted SCIF's Petition for Reconsideration to amend the Findings, Award, and Orders to dismiss the applicant's claim for a specific back injury and correct a clerical error. SCIF's Petition for Removal, seeking WCJ disqualification, was denied as improperly filed and skeletal. The applicant's Petition for Removal regarding further development of the record was also denied, as reconsideration was deemed the appropriate remedy for a final order, and the Board found the issues properly before them. All other aspects of the original Findings, Award, and Orders were affirmed.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalAgreed Medical ExaminerCumulative InjurySpecific InjuryPermanent DisabilityDiscovery MatterAttorney-Client PrivilegeCode of Civil Procedure
References
9
Case No. ADJ3183513 (SJO 0248396)
Regular
Mar 21, 2012

PAULO MUNOZ vs. BARRACOS CONSTRUCTION, VIRGINIA SURETY

The Workers' Compensation Appeals Board (WCAB) vacated its prior order granting reconsideration because the underlying order, which denied reassignment of the judge, was not a final order subject to reconsideration under Labor Code section 5900. The WCAB dismissed the petition for reconsideration as procedurally improper. Treating the joint petition as a request for removal under Labor Code section 5310, the WCAB denied the parties' request to reassign the case to the previous trial judge, citing the pending disciplinary matter and the lack of demonstrated prejudice.

Workers' Compensation Appeals Boardpetition for reconsiderationpetition for removalLabor Code section 5310Labor Code section 5900final orderinterim ordersprocedural ordervocational judgejoint petition
References
5
Case No. ADJ4323884 (VNO 0539846) ADJ3206055 (VNO 0539850)
Regular
May 28, 2013

ROSE WALTON vs. STATE OF CALIFORNIA; DEPARTMENT OF CORRECTIONS AND REHABILITATION/CA STATE PRISONS/LOS ANGELES COUNTY, Legally Uninsured, Adjusted by STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES

The Workers' Compensation Appeals Board denied reconsideration for case ADJ4323884, upholding a prior WCJ decision that replaced an earlier award vacated due to a writ of review. For case ADJ3206055, the Board granted reconsideration and reinstated a June 12, 2012, Findings and Award. This reinstated award found the applicant sustained a specific injury on November 9, 1998, resulting in 2% permanent disability. The Board treated the later vacating order in ADJ3206055 as relating back to an earlier order in ADJ4323884.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardVacating OrderReinstatementPermanent DisabilitySpecific InjuryLegally UninsuredState Compensation Insurance FundAdministrative Law Judge
References
2
Case No. ADJ6887918
Regular
May 24, 2010

GREGORY KISTLER (Deceased) MEREDITH KISTLER vs. KODIAK UNION ROOFING, CYPRESS INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration and denied their petition for removal. The defendant sought reconsideration of an order denying a change of venue from San Francisco to Sacramento due to witness convenience. The WCAB found the order denying the venue change was not a final order and thus not subject to reconsideration. Furthermore, the WCAB adopted the PWCJ's reasoning to deny removal, finding no substantial prejudice or irreparable injury to the defendant.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalChange of VenuePresiding Workers' Compensation Administrative Law JudgeFinal OrderInterlocutory OrderSubstantive RightsIrreparable InjurySubstantial Prejudice
References
4
Case No. ADJ6593388
Regular
Oct 21, 2014

JENNIFER GARRETT vs. HIGH DESERT MEMORIAL HOSPITAL DISTRICT, ALPHA FUND

The Workers' Compensation Appeals Board vacated its prior order granting reconsideration and dismissed the applicant's Petition for Reconsideration because it was filed against a non-final, procedural order directing an AME to issue a supplemental report. The Board also denied the applicant's Petition for Removal, finding no substantial prejudice or irreparable harm, as removal is an extraordinary remedy. The applicant's contention that she had a due process right to a new PQME was based on mere speculation about the AME's report. The Board admonished the applicant's counsel for filing the inappropriate petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalAgreed Medical EvaluatorSupplemental ReportQualified Medical Evaluator PanelInterlocutory OrderFinal OrderSubstantive RightIrreparable Harm
References
11
Case No. ADJ1662150 (LAO 0883291) ADJ3538875 (LAO 0869896)
Regular
Apr 08, 2011

CLAUDIA LARRAVE vs. BERNARD'S PARKING SERVICES, INC., CALIFORNIA INSURANCE COMPANY

The Workers' Compensation Appeals Board denied reconsideration for case ADJ3538875 regarding cumulative trauma injury. However, they granted reconsideration for case ADJ1662150, affirming the finding of industrial injury to the applicant's back, neck, and psyche with 23% permanent disability. The Board also amended the award to allow the applicant's former attorney to pursue their lien, ordering current counsel to hold their fee in trust pending resolution. Defendant's request for credit for advances from another employer was denied as it was raised for the first time on reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardsIndustrial InjuryPermanent DisabilityAttorney's FeesCumulative TraumaLabor Code Section 5405Substantial Medical EvidencePermanent Disability Advances
References
0
Case No. ADJ2663736 (SFO 0480309), ADJ2844751 (SFO 0480630)
Regular
Jan 05, 2012

VILMA TENTNOWSKI vs. PEROTTI & CARRADE, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) rescinded its prior order granting reconsideration because the defendant's petition was not taken from a final order. Therefore, the Board dismissed the petition for reconsideration and denied it as a petition for removal. A dissenting commissioner argued that reconsideration should not have been granted but believed the WCJ's original finding of 95% permanent disability was correct. The dissenter advocated for reinstating the original award based on existing medical evidence.

Workers' Compensation Appeals BoardPerotti & CarradeState Compensation Insurance FundPetition for ReconsiderationPetition for RemovalImprovidently GrantedFinal OrderMedical Record DevelopmentPermanent DisabilityPsychiatric Disability
References
3
Case No. ADJ7745966, ADJ7909061
Regular
Aug 29, 2019

JUAN LOPEZ vs. BARRETT BUSINESS SERVICES, INC.

The Appeals Board denied defendant's Petition for Reconsideration because it was improperly filed. The defendant sought reconsideration of interlocutory procedural orders, not a final determination of substantive rights or liabilities. The Board adopted the WCJ's report, finding no significant prejudice or irreparable harm from denying the petition. Therefore, the petition seeking reconsideration of the Joint Partial Findings and Orders was denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationRemovalJoint Partial Findings and OrdersFinal OrderInterlocutory DecisionAOE/COEThreshold IssueSubstantive Right or LiabilityExtraordinary Remedy
References
7
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