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Case Law Database

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

Case No. ADJ7232076
En Banc
Sep 26, 2011

Tsegay Messele vs. Pitco Foods, Inc.; California Insurance Company

The Appeals Board holds that the 10-day period for agreeing on an AME under Labor Code § 4062.2(b) is extended by five days when the initial proposal is served by mail, and clarifies the method for calculating this time period, finding both parties' panel requests premature.

Workers' Compensation Appeals BoardTsegay MesselePitco FoodsInc.California Insurance CompanyADJ7232076Opinion and Decision After ReconsiderationOrder Granting RemovalDecision After RemovalEn Banc
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. ADJ984305
Significant
Sep 17, 2015

Joann Matute, Applicant vs. Los Angeles Unified School District, defendants

The Appeals Board held that the term 'mailing' in Labor Code section 4610.6(h) is equivalent to 'service by mail', thus extending the 30-day period to file an Independent Medical Review (IMR) appeal by five days under C.C.P. section 1013(a), making the applicant's appeal timely.

IMR determinationservice by mailCode of Civil Procedure 1013(a)Labor Code 4610.6(h)Appeals Board en bancPetition for ReconsiderationUtilization ReviewAdministrative Directoruntimely appeal30-day period
References
Case No. ADJ7270261
Regular
Mar 01, 2012

MEKAL FARUKI vs. MACY'S DEPARTMENT STORES

This case involves Mekal Faruki's petition for reconsideration of a Workers' Compensation Appeals Board decision. The Board dismissed the petition as untimely. Labor Code section 5903 establishes a strict 20-day deadline for filing reconsideration petitions, with a possible 5-day extension for mailing. Critically, the petition is considered filed upon receipt, not mailing date. Faruki's petition was filed over 25 days after the December 10, 2010 decision, rendering it jurisdictionally barred.

Mekal FarukiMacy's Department StoresPetition for ReconsiderationUntimely FilingLabor Code Section 5903WCAB Rule 10507Jurisdictional Time LimitDismissalWorkers' Compensation Appeals BoardSacramento District Office
References
Case No. VNO 0454707
Regular
Aug 23, 2007

JOSE FRANCO vs. FURNITURE RESOURCES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed Jose Franco's petition for reconsideration because it was untimely filed. Labor Code section 5903 establishes a strict 20-day filing deadline, extendable by 5 days for mailing, for petitions for reconsideration. This case was dismissed because the petition was filed over 25 days after the Workers' Compensation Judge's decision was served, rendering the filing jurisdictionally defective.

WCABPetition for ReconsiderationTimelinessLabor Code Section 5903jurisdictionaldismissal20-day limit5-day mailing extensiondeemed filedactual receipt
References
Case No. ADJ8286745 ADJ8327424
Regular
Jul 30, 2018

ARNULFO LOPEZ ESPARZA vs. A1 COAST SANITATION RENTALS, CIGA, by its servicing facility, INTERCARE for ULLICO, in liquidation

This Workers' Compensation Appeals Board case concerns a petition for reconsideration that was dismissed as untimely. The Board held that for a petition to be timely, it must be *received* by the Board within the statutory 25-day period, not merely mailed. Since the petition in this case was filed on June 5, 2018, after the June 4, 2018 deadline, it was dismissed for lack of jurisdiction. Had it been timely, the Board would have denied it on the merits based on the judge's report.

Petition for ReconsiderationUntimely FilingJurisdictional Time LimitProof of Mailing InsufficientWCABWCJLabor CodeCalifornia Code of RegulationsOrder Dismissing LienLien Claimant
References
Case No. ADJ10391495
Regular
Jun 20, 2019

EDNA DE LEON, vs. DEPALMA TERRACE SENIOR LIVING; BERKSHIRE HATHAWAY HOMESTATE COMPANIES; THE HARTFORD,

The Workers' Compensation Appeals Board dismissed Edna De Leon's Petition for Reconsideration because it was filed untimely. The Board noted that California law allows only 25 days to file a petition after a decision is served by mail. De Leon's petition was filed on April 22, 2019, which was more than 25 days after the WCJ's March 25, 2019 decision. The Board emphasized that timely filing is jurisdictional and they lacked authority to consider petitions filed outside this timeframe.

Petition for Reconsiderationuntimelydismissaljurisdictionalservice by mailtime limitWCABWCJdeadline25 days
References
Case No. ADJ3395089 (STK 0177203)
Regular
Mar 20, 2009

ROBERT MILLER vs. CAROL-CARTER DESIGN & CONSTRUCTION, STATE COMPENSATION INSURANCE FUND

This case concerns a monetary sanction proposed against attorney Michael Linn by the Workers' Compensation Appeals Board (WCAB). Linn objected to the sanction, claiming he was denied due process due to a discrepancy in the service date of the WCAB's Notice of Intention. While the Notice stated a February 13, 2009 service date, Linn's evidence indicated actual service on February 17, 2009. Despite this, the WCAB acknowledges the discrepancy but notes Linn's objection was timely based on the actual service date. Consequently, the WCAB grants Linn an additional five days to file further objections.

Workers' Compensation Appeals BoardMonetary SanctionsMichael LinnEsq.Notice of IntentionGood CauseDue ProcessRequisite NoticeObjectionsTimely Response
References
Case No. ADJ7397383
Regular
Dec 07, 2012

JOSE GARCIA vs. PRODUCTION PLUS PLUMBING, INC., MATRIX INSURANCE

This case involves a petition for reconsideration filed by applicant Jose Garcia concerning a workers' compensation claim. The Workers' Compensation Appeals Board dismissed the petition as untimely because it was not filed within the 25-day statutory period. This deadline included the 20 days allowed by Labor Code section 5903 plus 5 additional days for mailing per Code of Civil Procedure section 1013. Consequently, the Board adopted the administrative law judge's recommendation and dismissed the petition.

Petition for ReconsiderationUntimely FilingWorkers' Compensation Appeals BoardAdministrative Law JudgeReport and RecommendationLabor Code Section 5903Code of Civil Procedure Section 1013Dismissal OrderApplicantDefendant
References
Case No. ADJ4713838 (MON 0335494)
Regular
Mar 15, 2013

PHYLLIS SWINK vs. AVIS RENT-A-CAR, CNA CLAIMS PLUS

This case concerns a lien claimant, KVP Pharmacy, seeking reconsideration of a prior order dismissing its lien. KVP Pharmacy argued the dismissal order was invalid due to an unsigned and undated document. However, the Appeals Board dismissed KVP Pharmacy's petition because it was filed approximately six months after the lien dismissal order was served. The Board found the petition to be untimely, as California Labor Code requires reconsideration petitions to be filed within 20 days, plus an additional five days if served by mail. Therefore, the Board lacked jurisdiction to consider the merits of KVP Pharmacy's arguments.

WCABLien ClaimantPetition for ReconsiderationUntimely PetitionOrder Dismissing LienWCJService by MailRecital of ServicePresumption of ReceiptLabor Code
References
Showing 1-10 of 3,639 results

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