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Case Law Database

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. ADJ2038785 (VNO 0426080), ADJ900602 (VNO 0426045), ADJ2562931 (VNO 0494371), ADJ7032939, ADJ7045667
Regular
Aug 01, 2019

JOSEPH PROTHRO vs. STATE COMPENSATION INSURANCE FUND as administered by ACCLAMATION INSURANCE MANAGEMENT SERVICES

This Workers' Compensation Appeals Board case, involving multiple claim numbers for Joseph Prothro against State Compensation Insurance Fund, has been granted reconsideration. The Board rescinded the prior WCJ's decision because a settlement has been proposed. The case is now returned to the WCJ to evaluate the settlement, with the option to reinstate the original decision if the settlement is not approved. This decision is not a final determination on the merits.

Workers' Compensation Appeals BoardPetition for ReconsiderationGrant ReconsiderationRescind DecisionReturn to Trial LevelWorkers' Compensation Administrative Law JudgeProposed SettlementApproval of SettlementReinstating Original DecisionFinal Decision
References
Case No. ADJ3346924
Regular
Oct 02, 2013

JORGE RAMIREZ vs. BOARD FORD, PACIFIC COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of the Administrative Law Judge's (ALJ) prior decision. The WCAB rescinded the ALJ's decision and remanded the case back to the trial level for further proceedings and a new decision. This action means the original decision is nullified, and the case will be re-evaluated by the ALJ. The parties retain the right to seek further reconsideration of any future ALJ ruling.

WORKERS' COMPENSATION APPEALS BOARDOPINION AND ORDER GRANTING RECONSIDERATIONDECISION AFTER RECONSIDERATIONPetition for Reconsiderationworkers' compensation administrative law judgeWCJgrant reconsiderationrescind WCJ's decisionfurther proceedingstrial level
References
Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ11154163
Regular
Jan 09, 2019

FAUSTO DIAZ vs. C OVERAA & COMPANY, ARCH INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) rescinded its prior decision and returned the case to the trial level. This action allows the workers' compensation administrative law judge to review a proposed settlement reached between the applicant and defendant. If the settlement is not approved, the original decision can be reinstated, and either party may seek reconsideration. This is not a final ruling on the merits of the case.

ReconsiderationWithdrawal without prejudicePetition for ReconsiderationProposed settlementRescinded decisionReturned to trial levelWCJ approvalReinstating original decisionFinal decision on meritsFindings of Fact
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. 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. 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. ADJ1433114
Regular
Aug 25, 2011

ANTONIO RAMIREZ vs. TRINITY BROADCASTING NETWORK, TRINITY CHRISTIAN CENTER, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision in the case of Ramirez v. Trinity Broadcasting Network. The WCAB rescinded the Administrative Law Judge's (ALJ) decision and returned the matter to the trial level for further proceedings. This action means the prior ruling is vacated, and the case will be re-evaluated by the ALJ. The parties still retain the right to seek reconsideration of any subsequent decision.

Workers Compensation Appeals BoardTrinity Broadcasting NetworkTrinity Christian CenterState Compensation Insurance FundOpinion and Order Granting ReconsiderationDecision After ReconsiderationWorkers' Compensation Administrative Law JudgeWCJrescindreturned to trial level
References
Case No. ADJ2065472
Regular
Aug 15, 2013

CARLOS DURAN vs. RALPHS GROCERY COMPANY, SEDGWICK

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of the WCJ's prior decision in *Carlos Duran v. Ralphs Grocery Company*. The WCAB rescinded the WCJ's decision and returned the case to the trial level for further proceedings and a new decision. This action means the prior decision is no longer in effect and the case will be reheard by the WCJ. The parties retain their rights to seek further reconsideration of any new decision.

WCABReconsiderationRescindedReturned to Trial LevelFurther ProceedingsWCJ DecisionAdministrative Law JudgeRalphs Grocery CompanySedgwickCarlos Duran
References
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