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

Case No. ADJ2831208 (GOL 0090431) ADJ894034 (GOL 0090432)
Regular
Aug 10, 2009

JOSE LOPEZ vs. QUALITY PLASTERING, GOLDEN EAGLE INSURANCE COMPANY

The applicant, Jose Lopez, was awarded a 25% penalty for the defendant's failure to pay the full settlement amount. The defendant sought reconsideration, arguing they paid the amount agreed upon in the addenda to the Compromise and Release Agreement. However, the Board found the Orders Approving Compromise and Release, which specified a higher payment to the applicant, became final when the defendant failed to seek timely reconsideration. Therefore, the defendant's petition for reconsideration was denied, affirming the penalty.

Workers' Compensation Appeals BoardQuality PlasteringGolden Eagle Insurance CompanyJose LopezReconsiderationFindings and AwardLabor Code section 5814PenaltyAttorney's FeeLabor Code section 5814.5
References
Case No. ADJ12376717
Regular
Mar 28, 2023

RONNIE JOHNSON vs. FUTURE PLASTERING, INC., INSURANCE COMPANY OF THE WEST

The Workers' Compensation Appeals Board (WCAB) has issued an Opinion and Order dismissing a Petition for Removal. The petitioner, Future Plastering, Inc. and its insurer, Insurance Company of the West, voluntarily withdrew their petition. Therefore, the WCAB dismissed the petition for removal of the August 24, 2022 decision.

Petition for RemovalDismissedWithdrawnWorkers' Compensation Appeals BoardFuture PlasteringInsurance Company of the WestRonnie JohnsonAdjudication NumberVan Nuys District OfficeOpinion and Order
References
Case No. ADJ7370794
Regular
Nov 27, 2013

ALFREDO MONROY vs. CALIFORNIA PLASTERING, INC., PACIFIC COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and rescinded the WCJ's prior decision in Monroy v. California Plastering, Inc. The Board returned the matter for further proceedings and decision by the WCJ, as the prior decision was not a final determination on the merits. The Board noted that a preliminary injunction regarding lien activation fees was not relevant in this case as the fee had been paid.

Workers' Compensation Appeals BoardReconsiderationWCJPreliminary injunctionLien activation feeAngelotti ChiropracticRescindedFurther proceedingsTrial levelAlfredo Monroy
References
Case No. ADJ859899
Regular
Feb 25, 2011

FERNANDO SOSA vs. RIGOBERTO URIARTE DBA RIGO'S PLASTERING, UNISURED EMPLOYERS FUND

This case concerns a second petition for reconsideration filed by the defendant, Rigoberto Uriarte DBA Rigo's Plastering, challenging both the original administrative law judge's decision and the Board's prior denial of reconsideration. The Workers' Compensation Appeals Board dismissed the petition as legally impermissible, citing precedent that prohibits successive petitions after a decision has been rendered. The defendant's sole recourse after the Board's denial was to petition for a writ of review.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalConsecutive PetitionSuccessive PetitionWrit of ReviewWCJ DecisionBoard DecisionCrowe Glass CompanyNavarro v. A&A Farming
References
Case No. ADJ4657834 (SFO 0500292)
Regular
Jun 07, 2010

LILIA LLERANDI CHAPITAL, GUSTAVO HILDALGO (Deceased) vs. DWIGHT JEFFERS, aka DWIGHT E. JEFFERS, individually and as a substantial shareholder of DEJ ENTERPRISES a NEVADA CORPORATION, illegally uninsured, EXPERT PLASTERING INC. and CALIFORNIA INSURANCE COMPANY, BEHLER ASSOCIATES INC. dba BEHLER CONSTRUCTION and STATE COMPENSATION INSURANCE FUND

This Workers' Compensation Appeals Board decision granted reconsideration to amend a finding. The Board affirmed that the deceased was employed by Dwight Jeffers, individually and uninsured, and not by Expert Plastering, DEJ Enterprises, or Behler Construction. The Court rejected the argument that Labor Code section 2750.5 compelled a finding of employment with Behler due to Jeffers's lack of license, as Jeffers was not a subcontractor of Behler.

WCABdeclaratory reliefsole jurisdictiongeneral employmentspecial employmentalter ego doctrinedual employmentjoint employmentLabor Code section 2750.5unlicensed contractor
References
Case No. GOL 0092961; GOL 0092962 GOL 0092963; GOL 0092964 GOL 0092965; GOL 0092966 GOL 0095993; GOL 0096184
Regular
Jun 24, 2008

ANTHONY DERAS vs. JOHN CRAVENS PLASTERING, NATIONAL UNION FIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration regarding an insurer's challenge to injury dates and a judge's attempt to retain jurisdiction. The Board affirmed the injury dates, finding the insurer lacked standing on several claims but upheld the specific date range for the primary claim. However, the Board rescinded the judge's reservation of jurisdiction to re-rate permanent disability, emphasizing that binding en banc precedent like the *Benson* decision must be applied.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardsCumulative TraumaWilkinson DoctrineBenson v. The Permanente Medical GroupEn Banc DecisionPrecedentReservation of JurisdictionPermanent Disability
References
Case No. ADJ6679351
Regular
Sep 27, 2010

RAMON CURIEL vs. EFREN REYES POOL AND PLASTERING, INC., LINCOLN GENERAL INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and reversed a dismissal order. The applicant's case was dismissed for failure to appear at three hearings, which the applicant contended was due to unfortunate events affecting his attorney. While acknowledging that the applicant's counsel was at fault, the Board emphasized the constitutional mandate to accomplish substantial justice. The case was returned to the trial level WCJ to be heard on its merits, preserving the applicant's right to pursue his claim despite procedural failures.

Workers' Compensation Appeals BoardReconsiderationOrder Dismissing CaseFailure to AppearAttorney Non-AppearanceIndustrial InjuryPlastererDemolition ExpertMandatory Settlement ConferenceNotice of Intention to Dismiss
References
Case No. ADJ859899 (LBO 0374978)
Regular
Oct 25, 2010

FERNANDO SOSA vs. RIGOBERTO URIARTE DBA RIGO'S PLASTERING; UNINSURED EMPLOYERS FUND

The Workers' Compensation Appeals Board dismissed Rigoberto Uriarte's petition for reconsideration. The defendant's petition was found to be impermissibly skeletal, lacking specific references to the record and legal authority as required by California Code of Regulations. The Board cited regulations outlining the necessary components of a petition for reconsideration, including stating material evidence and clearly setting forth contentions. As the defendant failed to meet these procedural requirements, their petition was dismissed.

Workers' Compensation Appeals BoardRigoberto UriarteRigo's PlasteringUninsured Employers FundPetition for ReconsiderationFindings and AwardIndustrial InjuryTemporary DisabilitySkeletal PetitionCalifornia Code of Regulations
References
Case No. ADJ1796224
Regular
Sep 09, 2008

JOSE BONILLA vs. PRO-COMM PLASTERING

Reconsideration granted due to insufficient evidence regarding applicant's employment at the time of injury. Case returned to trial level for further development of the record.

ReconsiderationIndustrial injuryEmployment disputeWall DesignPro-Comm PlasteringWCJEvidence developmentDeposition transcriptsSubstantial justiceLabor Code § 5906
References
Case No. ADJ4225526 (GOL 0092072)
Regular
Apr 20, 2017

JESUS ARROYO vs. JOHN CRAVENS PLASTERING, STATE COMPENSATION INSURANCE FUND

This case involves Jesus Arroyo's petition for reconsideration of a Workers' Compensation Appeals Board decision. The Board denied reconsideration, adopting the reasoning of the workers' compensation administrative law judge. Medical evidence from Dr. Markovitz established that Arroyo suffered a total and permanent disability resulting from industrial injuries, including an aortic aneurysm repair and subsequent strokes. The Board found Dr. Markovitz's opinions constituted substantial medical evidence, despite conflicting defense opinions, and affirmed that all necessary medical care and permanent disability were industrially caused.

Workers' Compensation Appeals BoardJesus ArroyoJohn Cravens PlasteringState Compensation Insurance FundPetition for ReconsiderationAgreed Medical ExaminerGerald Markovitzechocardiogramaortic root dilationexpanding aortic aneurysm
References
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