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

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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ2738004
Regular
Nov 24, 2014

RONALD PAYTON vs. KLEINFELDER GROUP, AIG CLAIMS

The Workers' Compensation Appeals Board denied Ronald Payton's petition for reconsideration of a prior decision. The Board adopted the administrative law judge's report, which found that Payton's claims of injury were not supported by substantial evidence. The judge detailed how Payton, proceeding pro se, failed to present new or relevant evidence and misrepresented existing medical opinions. Therefore, the Board affirmed the original denial of the claim.

Petition for ReconsiderationSubstantial EvidenceAgreed Medical EvaluatorPro PerDWC-1MMIAgreed Medical EvaluatorPro SeNon-industrial PneumoniaToxicology
References
Case No. ADJ19479057
Regular
Aug 26, 2025

GERALD TORRES vs. PRO DEO FOUNDATION, STATE COMPENSATION INSURANCE FUND

Defendant, Pro Deo Foundation and State Compensation Insurance Fund, petitioned for reconsideration of a WCJ's decision, which found Gerald Torres to be an employee of Pro Deo Foundation. Defendant contended Torres was a volunteer or independent contractor and should be judicially estopped from claiming workers' compensation due to a prior settlement. The Workers' Compensation Appeals Board affirmed the WCJ's finding of employment, emphasizing the WCJ's credibility determinations and concluding that the defendant failed to satisfy the 'ABC' test for independent contractor status. The Board timely acted on and subsequently denied the petition for reconsideration.

Workers' CompensationPro Deo FoundationState Compensation Insurance FundGerald TorresADJ19479057Petition for ReconsiderationFindings of Fact and OrdersEmployee StatusVolunteerIndependent Contractor
References
Case No. ADJ1122093 (SAC 0279029) ADJ988134 (SAC 0267349)
Regular
Nov 20, 2018

BOBBIE SANDERS vs. EMPLOYMENT DEVELOPMENT DEPARTMENT, STATE COMPENSATION INSURANCE FUND

Applicant Bobbie Sanders, previously declared a vexatious litigant under Rule 10782, filed a Petition for Removal without court approval. Rule 10782 requires pre-filing authorization for pro se litigants, with exceptions for licensed attorneys. The Appeals Board denied the Petition for Removal because there was no significant change in circumstances or new evidence to warrant re-litigation of previously determined issues. Therefore, the document was not accepted for filing.

Vexatious litigantpre-filing orderAppeals Board Rule 10782Petition for Removalin pro perworkers' compensationEmployment Development DepartmentState Compensation Insurance FundADJ1122093ADJ988134
References
Case No. ADJ463252 (VNO 0529697) ADJ240577 (VNO 0529698)
Regular
Sep 21, 2012

SHARON MARR vs. JBL PRO MANUFACTURING, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board dismissed Sharon Marr's petition for removal against JBL Pro Manufacturing and Travelers Property Casualty Company of America. The dismissal was primarily based on the petition not being timely-filed. Even if it had been timely, the Board would have denied the petition on its merits, adopting the reasons stated by the administrative law judge.

Petition for RemovalTimely-filedWCJ ReportDismissedWorkers' Compensation Appeals BoardADJ463252ADJ240577JBL PRO MANUFACTURINGTRAVELERS PROPERTY CASUALTY COMPANY OF AMERICAFrank M. Brass
References
Case No. ADJ9800793
Regular
Oct 06, 2016

TRAVIS TIDWELL vs. PRO TRAFFIC SERVICES, COMPANION PROPERTY AND CASUALTY INSURANCE COMPANY

In Tidwell v. Pro Traffic Services, the applicant, Travis Tidwell, petitioned for reconsideration of a July 12, 2016 decision. The Workers' Compensation Appeals Board granted reconsideration to allow for further study of the factual and legal issues. This allows the Board to gain a complete understanding of the record for a just decision. All future filings related to the petition must now be submitted directly to the Commissioners' office in San Francisco, not district offices or e-filed.

Petition for ReconsiderationWorkers' Compensation Appeals BoardTravis TidwellPro Traffic ServicesCompanion Property and Casualty Insurance CompanyIntercare PasadenaSan Diego District OfficeStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned Decision
References
Case No. ADJ5756564
Regular
Jan 31, 2012

RICK HEER vs. WORLD MINERALS INC., TRAVELERS IMDEMNITY CO. OF ILLINOIS

The Appeals Board granted the applicant's petition for removal, rescinding the order setting the case for trial. The Board found that setting the matter for trial closed discovery prematurely, causing prejudice to the applicant who was transitioning from pro se representation and seeking to amend his claim to include additional body parts. The applicant's prior counsel faced illness and filing difficulties, and the Board determined that justice required further development of the record. The Board returned the matter to the Workers' Compensation Judge for further proceedings.

Petition for RemovalDecision After RemovalWCJApplicant Pro PerQualified Medical ExaminationSummary Rating DeterminationEmployee's Permanent Disability QuestionnaireMaximum Medical ImprovementConsultative RatingDeclaration of Readiness
References
Case No. AHM 107719, AHM 106525, AHM 106165, AHM 106205, AHM106504, AHM 106473
Regular
Oct 19, 2007

MARIA RODRIGUEZ, MARTHA GARCIA, EVELIA MONTES, MARIA RAMIREZ, LIDIA GODOY, MARIA RAMOS vs. MOTEL 6, GALLAGHER BASSETT SERVICES

The Workers' Compensation Appeals Board denied petitions for reconsideration filed by applicants represented *pro se*, finding the petitions procedurally defective due to lack of original signatures, improper verification, and failure to state all material evidence. Furthermore, the applicants were represented by counsel at the time of filing, and their *pro se* filings were unauthorized. The Board affirmed the WCJ's finding that the applicants lacked credibility and failed to prove industrial cumulative trauma injuries.

Workers' Compensation Appeals BoardPetition for ReconsiderationPropria PersonaConsolidated CasesCumulative TraumaCredibility DeterminationWCJ FindingsSubstitution of AttorneyVerified PetitionLabor Code Section 5902
References
Case No. ADJ1377755 (FRE 0242857) ADJ1891281 (FRE 0242858)
Regular
Oct 11, 2010

RUDOLPH GUTIERREZ vs. DERREL'S MINI STORAGE, BERKSHIRE HATHAWAY HOMESTATE, CO.

The Workers' Compensation Appeals Board dismissed Applicant Gutierrez's petition for reconsideration of a January 19, 2010 stipulation and order. Applicant contended the settlement was not secured with his consent. The Board treated his petition as a motion to set aside the award. The case is returned to the trial level for the judge to consider the set-aside petition and conduct further proceedings.

Workers' Compensation Appeals BoardReconsiderationPetition to Set AsideStipulation and OrderPro SeAdministrative Law JudgeDismissedReturned to Trial LevelAwardConsent
References
Case No. ADJ7593812 & ADJ7827457
Regular
Nov 07, 2013

RAMON PENA CASTELLANO vs. FOSTER FARMS

The Workers' Compensation Appeals Board denied reconsideration of an order dismissing a lien claim. The lien claimant failed to pay the required lien activation fee prior to the lien conference, despite receiving notice of the hearing. The Board also noted the petition for reconsideration was unverified, rendering any claims of newly discovered evidence irrelevant. Therefore, the lien was dismissed with prejudice for failure to comply with Labor Code section 4903.06.

Lien activation feeLabor Code section 4903.06WCABPetition for ReconsiderationWCJ reportlien conferencedismissal with prejudiceunverified petitionnewly discovered evidenceproof of payment
References
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