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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. ADJ8050106 ADJ9468937 ADJ9154032
Regular
Nov 03, 2018

ANTONIO VAZQUEZ vs. CARSON TRAILERS, AMTRUST NORTH AMERICA

The Appeals Board dismissed the petition for reconsideration because it was taken from an interlocutory procedural order, not a final decision. The Board also denied the petition for removal, finding no substantial prejudice or irreparable harm, and that reconsideration would be an adequate remedy if a final decision issues. The order pertains to multiple cases involving Antonio Vazquez and Carson Trailers. The WCJ's order directing the use of a specific bill reviewer was deemed an evidentiary/procedural matter.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFinal OrderInterlocutory OrderEvidentiary OrderProcedural OrderSubstantive RightThreshold IssueExtraordinary Remedy
References
Case No. SAU10030321
Regular
Oct 08, 2019

BRIAN DUARTE vs. ALL ABOUT PAINT, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed Brian Duarte's petition for reconsideration because it was not filed from a "final" order, decision, or award. A final order must determine a substantive right or liability, or a fundamental threshold issue, not interlocutory procedural or evidentiary matters. The WCJ's order consolidating cases, designating a master file, staying liens, and noticing a hearing was deemed an interlocutory procedural order and therefore not subject to reconsideration.

Petition for ReconsiderationFinal OrderSubstantive RightLiabilityThreshold IssueInterlocutory OrderProcedural DecisionEvidentiary DecisionOrder of ConsolidationDesignation of Master File
References
Case No. ADJ4201900 (OAK 0256105) ADJ1515754 (OAK 0212526) ADJ868359 (OAK 0282983)
Regular
Feb 27, 2017

GRACE BEATTY vs. KAISER FOUNDATION HEALTH PLAN HOSPITAL

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petitions for reconsideration. The petitions sought to revisit a Minute Order that placed the case off calendar, which is not a final order. A petition for reconsideration can only be taken from a final order that determines substantive rights or liabilities. Therefore, the WCAB found the petitions procedurally improper and dismissed them.

Workers' Compensation Appeals BoardPetition for ReconsiderationOff Calendar OrderCompromise and ReleaseSubsequent Injury Benefits Trust FundNon-Final OrderLabor CodeFinal OrderSubstantive RightLiability
References
Case No. ADJ2427648
Regular
Jul 13, 2009

MARIA ROWENA MABINI vs. HOLLYWOOD PARK CASINO, STATE COMPENSATION INSURANCE FUND

The Appeals Board dismissed the defendant's Petition for Reconsideration because the WCJ's order, which took the matter off calendar to pursue AME and QME procedures, was procedural and not a final order. The Board also denied the defendant's Petition for Removal, finding that they failed to demonstrate significant prejudice or irreparable harm. The defendant argued that the WCJ erred by ordering AME/QME procedures when treatment was managed under a healthcare organization contract. The Board adopted the WCJ's report, agreeing that the procedural order did not qualify for reconsideration.

WCABPetition for ReconsiderationPetition for RemovalOff CalendarAMEQMEHealth Care OrganizationLabor Code 4600.3Interlocutory OrderFinal Order
References
Case No. ADJ7162659
Regular
Nov 07, 2013

,JUAN MORA, vs. ,CHIPOTLE MEXICAN GRILL and ZURICH AMERICAN INSURANCE administered by GALLAGHER BASSETT; CALIFORNIA COMFORT VANS, and AMTRUST NORTH AMERICA, ACE FIRE UNDERWRITERS INSURANCE COMPANY/ACE GROUP, et. al.,

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration because the challenged order was procedural and not a final determination of substantive rights. The WCAB found that an interim order striking a doctor's opinion due to ex parte communication is not subject to reconsideration under Labor Code Section 5900(a). The case was returned to the trial level for clarification of the original order, specifically whether all of the doctor's reports were stricken and if the doctor was dismissed as the Qualified Medical Examiner. This clarification is necessary for proper further proceedings and potential issuance of a replacement QME panel.

WORKERS' COMPENSATION APPEALS BOARDPETITION FOR RECONSIDERATIONORDER STRIKINGEX PARTE COMMUNICATIONQUALIFIED MEDICAL EXAMINER (QME)LABOR CODE SECTION 4062.3FINAL ORDERINTERIM PROCEDURAL ORDERSDISCOVERYEVIDENTIARY MATTERS
References
Case No. ADJ9120917, ADJ6899995
Regular
Sep 16, 2016

RICK STEIN vs. CITY OF HUNTINGTON BEACH

The WCAB dismissed the defendant's petition for reconsideration because the WCJ's order vacating a prior order approving a compromise and release was not a final order. The Board granted the defendant's petition for removal to amend the vacating order, specifying the matter should be set for a status conference. This action was taken under WCAB Rule 10859, allowing the WCJ to rescind an order and conduct further proceedings within 30 days. The case is returned to the WCJ to determine if good cause exists to set aside the compromise and release.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalCompromise and ReleaseOrder Approving Compromise and ReleaseOrder Vacating Order Approving Compromise and ReleaseWCJLabor Code Section 132(a)Cumulative Trauma InjuryLeft Knee Injury
References
Case No. ADJ2652747 (VNO 0344824) ADJ3178119 (VNO 0349849) ADJ4566361 (VNO 0401733)
Regular
Nov 12, 2010

MARK RAINE vs. CITY OF BURBANK

This case involves a lien claimant, Advanced Orthopedics, seeking reconsideration of an administrative order appointing an independent bill reviewer. The Workers' Compensation Appeals Board dismissed the reconsideration petition, finding the order was procedural and not a final decision subject to review. The Board also denied the alternative petition for removal, as the claimant failed to demonstrate significant prejudice or irreparable harm. Therefore, the appointment of the bill reviewer stands, and further development of the record will proceed.

WORKERS' COMPENSATION APPEALS BOARDLIEN CLAIMANTPETITION FOR RECONSIDERATIONPETITION FOR REMOVALORDER FOR APPOINTMENT OF INDEPENDENT BILL REVIEWERWCJOFFICIAL MEDICAL FEE SCHEDULEINTERLOCUTORY ORDERPROCEDURAL ORDERFINAL ORDER
References
Case No. VNO 0486618 VNO 0486619
Regular
Feb 05, 2008

GRISELDA LEYVA vs. HEALTHCARE SERVICES GROUP, INC., ZURICH AMERICAN INSURANCE

The Workers' Compensation Appeals Board dismissed a lien claimant's petition for reconsideration because it sought review of an interlocutory procedural order, not a final decision. The order in question voided a conditional payment order for a lien claim due to apparent service and filing issues. The Board noted that the lien claimant's rights can still be addressed at a scheduled hearing or through a subsequent filing.

Lien claimantPetition for ReconsiderationOrder VoidingConditional Order to Pay Lien ClaimDue ProcessOfficial Address RecordInterlocutory Procedural OrdersFinal OrderSubstantive RightLiability
References
Case No. ADJ2558516 (VNO 0339174) ADJ4123268 (VNO 0339173)
Regular
May 20, 2015

PAULA RANGEL vs. PALOS VERDES DEVELOPERS, CIGA by its servicing facility, SEDGWICK CMS for FREMONT INDEMNITY INSURANCE COMPANY, in liquidation

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration because it was filed against an interlocutory order compelling the service of medical-legal reports, not a final order. The Board also denied the defendant's petition for removal, finding no substantial prejudice or irreparable harm. The WCAB noted that the defendant's arguments regarding procedural due process were unfounded as they had a hearing and opportunity to be heard. Finally, the Board admonished the defendant's representative for misstating facts, citing outdated authority, and filing improper petitions, warning of future sanctions.

WCABPetition for ReconsiderationPetition for RemovalOrder Compelling ServiceMedical/Legal ReportingLien ClaimantProcedural Due ProcessInterlocutory OrderExtraordinary RemedySubstantial Prejudice
References
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