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

Case No. ADJ2623740
Regular
Dec 13, 2010

MARTHA HERNANDEZ vs. MARRIOTT INTERNATIONAL, INC.

The Appeals Board rescinded its Notice of Intention to Impose Sanctions against CMS Network, Inc. and its representatives, Dominic D. Arguello and Randal Hollien. Initially, sanctions were considered due to repeated misstatements of law concerning a lien claimant's burden of proof in petitions for reconsideration. Although zealous advocacy is not an excuse for legal misstatements, the Board found no intent to mislead and acknowledged the respondents' understanding of correct legal precedent. The matter is returned to the trial level, with the Board emphasizing that lien claimants bear the burden of proving the reasonableness of their fees, citing precedent like *Kunz* and *Tapia*.

WCABRemovalSanctionsLien claimant burden of proofPetition for reconsiderationHearing representativesZealous advocacyMisstatements of lawEn banc decisionsBinding precedent
References
Case No. OAK 324458
Regular
Nov 16, 2007

CECILIA CASTRO vs. BUILDING SERVICE MAINTENANCE, CRUM & FOSTER

The Workers' Compensation Appeals Board granted reconsideration to address the defendant's contention that temporary disability benefits should be limited. The Board rescinded the original award because the WCJ did not apply the binding precedent of *Hawkins v. Amberwood Products* regarding the commencement date of temporary disability payments. The case is returned to the WCJ for a new decision applying *Hawkins*.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardTemporary Disability BenefitsLabor Code section 4656(c)(2)Hawkins v. Amberwood ProductsPrecedentWCJRescindedReturned to Trial Level
References
Case No. ADJ13831424
Regular
Feb 27, 2023

FELIPE MARTINEZ, Deceased vs. ONE WORLD VENTURES, LLC, ALASKA NATIONAL INSURANCE COMPANY

This case concerns a successive petition for reconsideration filed by the applicant after an initial petition was denied. The Appeals Board dismissed the current petition as successive, citing established precedent that a second petition is not allowed unless the petitioner is newly aggrieved or new evidence is presented. Because no new evidence was introduced and the petition raised the same issues as the prior one, it was deemed waived and dismissed. The Board also noted that the September 16, 2022 order being challenged was not a final order.

Successive PetitionPetition for ReconsiderationWorkers' Compensation Appeals BoardAdjudication NumberDismissalEn Banc DecisionWrit of ReviewNew EvidenceLabor Code Section 5902Labor Code Section 5904
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. SFO 0493539
Regular
Aug 10, 2007

HARRY THOMPSON vs. ROADWAY EXPRESS, OLD REPUBLIC INSURANCE, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board (WCAB) reconsidered a prior award finding industrial knee injury and temporary total disability for Harry Thompson. The WCAB rescinded the original decision because the trial judge failed to determine the date temporary disability indemnity was first paid, which is crucial for calculating the 104-week limit under Labor Code section 4656(c)(1). The case is remanded for the judge to make this finding, applying the precedent that the two-year limit begins from the date of first payment, not the date of injury.

WORKERS' COMPENSATION APPEALS BOARDSFO 0493539OPINION AND DECISION AFTER RECONSIDERATIONtemporary total disabilityLabor Code section 4656(c)(1)104 compensable weekstwo-year perioddate of commencement of temporary disability payment*Hawkins v. Amberwood Products*rescinded
References
Case No. ADJ2954707 (LAO 0811130)
Regular
Aug 14, 2017

MARIA ACEVEDO vs. SOUTHERN CALIFORNIA PERMANENTE MEDICAL GROUP, KAISER PERMANENTE

This case involves Maria Acevedo's petition for reconsideration before the Workers' Compensation Appeals Board (WCAB). The WCAB dismissed Acevedo's petition as successive because it raised the same issues as a prior petition on which she did not prevail. Established precedent dictates that a party cannot file a second petition for reconsideration unless newly aggrieved or if new evidence was considered. Since no new evidence was presented, the WCAB found the current petition impermissible and therefore dismissed it.

Petition for ReconsiderationSuccessive PetitionNewly AggrievedWrit of ReviewNew EvidenceWorkers' Compensation Appeals BoardWCJPermanente Medical GroupKaiser PermanenteSedgwick CMS
References
Case No. ADJ9542328
Regular
Nov 14, 2019

ASHLEY COLAMONICO vs. SECURE TRANSPORTATION, NATIONAL UNION FIRE INSURANCE COMPANY, SEDGWICK CMS

This en banc decision clarifies that medical-legal providers, not defendants, bear the initial burden of proving their services were reasonable and necessary pursuant to Labor Code section 4621. Defendants do not waive objections based on sections 4620 or 4621 by failing to raise them in an Explanation of Review. The Appeals Board rescinded the WCJ's findings and remanded the case for further proceedings on the provider's burden of proof. This precedent applies to all future Appeals Board decisions.

Med-Legal PhotocopyExplanation of Review (EOR)Contested ClaimBurden of ProofReasonable and Necessary ExpensesLien ClaimantWaiver of ObjectionsSection 4620Section 4621Section 4622
References
Case No. GRO 30592
Regular
Jul 24, 2007

RICKY RODRIGUEZ vs. TURNKEY SCHOOLS OF AMERICA, CAMBRIDGE INTEGRATED SERVICES

This case concerns the determination of which permanent disability rating schedule (1997 or 2005) applies to an applicant injured in 2003. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, rescinded the prior decision, and remanded the case for a new decision applying the 2005 Schedule. The WCAB found the defendant's notice of last temporary disability payment was premature as payments continued past January 1, 2005, thus requiring the 2005 Schedule per controlling precedent.

Labor Code section 4660(d)1997 Schedule2005 SchedulePendergrass IIBaglione IIcomprehensive medical-legal reporttreating physiciantemporary disability indemnitypermanent disabilityAOE/COE
References
Case No. ADJ7445107
Regular
Oct 13, 2025

JILLIAN DIFUSCO vs. HANDS ON SPA, EMPLOYERS COMPENSATION INSURANCE GROUP

The Appeals Board, en banc, granted reconsideration of a WCJ's decision regarding disclosure requirements for defendants. The WCJ had ruled that the defendant only needed to disclose the name of its insurance carrier as per WCAB Rule 10390. The Board determined that its prior en banc decisions, Coldiron I and II, are binding precedent and require defendants to disclose all entities liable for payment and any insurance policy provisions affecting liability. Consequently, the WCJ's Findings of Fact and Order were rescinded, and the matter was returned to the trial level for further proceedings consistent with this comprehensive disclosure mandate.

En Banc DecisionWCAB Rule 10390Coldiron IColdiron IIDiscovery RequestInsurance Carrier DisclosureSelf-Insured RetentionLarge DeductibleEntity Liable for CompensationThird-Party Administrator
References
Case No. ADJ10177344
Regular
May 16, 2016

DARRELL WOODS vs. NORTH COUNTY FIRE PROTECTION DISTRICT

Applicant Darrell Woods sought reconsideration of a WCJ's decision denying additional temporary disability indemnity beyond five years from his January 4, 2011 industrial injury. The WCJ correctly found that Labor Code section 4656(c)(2) limits temporary disability payments to 104 weeks within a five-year period from the date of injury. Unlike precedent cited by the applicant, no stipulation was made within the five-year window to continue discovery on temporary disability entitlement. Therefore, the Appeals Board denied the petition for reconsideration, affirming the WCJ's decision.

Labor Code section 4656(c)(2)temporary disability indemnitydate of injuryfive year limitationpetition for reconsiderationindustrial injuryheart injuryhypertensionparamedic/engineersalary continuation
References
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