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

Case No. ADJ3388315 (SBR 0294441) ADJ683842 (SBR 0340933)
Regular
Jul 22, 2014

Marvin Camacho vs. Western Metal Lathe, Sompo Japan Insurance Company, Broadspire, Remedy Temp, Reliance National, California Insurance Guarantee Association, Williams Furnace Company, St. Paul Fire & Marine, Kimco Staffing, Liberty Mutual Insurance

The Workers' Compensation Appeals Board denied Williams Furnace Company's petition for reconsideration and granted Sompo Japan Insurance Company's petition. The Board affirmed the original award for Marvin Camacho's neck and back injuries sustained while employed by Remedy Temp and Western Metal Lathe, as well as prior injuries to his cervical and lumbar spine from Williams Furnace Company. Issues of temporary total disability, additional attorney's fees, and other matters were deferred for further development at the trial level. Liberty Mutual Insurance, carrier for Kimco Staffing, was dismissed from the case.

WORKERS' COMPENSATION APPEALS BOARDWESTERN METAL LATHESOMPO JAPAN INSURANCE COMPANYBROADSPIREREMEDY TEMPRELIANCE NATIONALCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONWILLIAMS FURNACE COMPANYST. PAUL FIRE & MARINEKIMCO STAFFING
References
0
Case No. ADJ3077817 (ANA 0338837)
Regular
May 09, 2011

FREDY ORELLANA vs. REMEDY TEMP, REMEDY INTELLIGENT STAFFING, INC./SELECT STAFFING, RELIANCE INSURANCE, in liquidation, by INTERCARE INSURANCE SERVICES for CALIFORNIA INSURANCE GUARANTEE ASSOCIATION (CIGA)

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration regarding a credit for overpaid temporary disability. The Board granted the defendant's petition, amending the original finding to clarify that the $\$9,537.12$ overpayment credit applies against permanent disability benefits after attorney fees, not against medical treatment. The Board affirmed the WCJ's findings on the industrial injury and permanent disability award. The defendant's argument regarding a special employer relationship was not explicitly addressed in the final decision summary provided.

CIGAReliance InsuranceliquidationIntercare Insurance Servicesspecial employmentRemedy TempRemedy Intelligent StaffingMaruchancredit for overpaymenttemporary disability
References
0
Case No. ADJ3212062
Regular
Oct 02, 2015

SILVIA BORBOA vs. SOUTHERN CALIFORNIA GAS COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed Silvia Borboa's petition for reconsideration because it was not filed from a "final" order, as it only addressed an intermediate procedural or evidentiary issue. The Board also denied Borboa's petition for removal, finding no showing of substantial prejudice or irreparable harm, and that reconsideration would be an adequate remedy later. This ruling emphasizes that reconsideration is only available for final substantive decisions. Removal is an extraordinary remedy, granted only to prevent significant harm when reconsideration will be insufficient.

WCABPetition for ReconsiderationPetition for RemovalFinal OrderSubstantive RightLiabilityThreshold IssueInterlocutoryProcedural DecisionEvidentiary Decision
References
6
Case No. ADJ6593388
Regular
Oct 21, 2014

JENNIFER GARRETT vs. HIGH DESERT MEMORIAL HOSPITAL DISTRICT, ALPHA FUND

The Workers' Compensation Appeals Board vacated its prior order granting reconsideration and dismissed the applicant's Petition for Reconsideration because it was filed against a non-final, procedural order directing an AME to issue a supplemental report. The Board also denied the applicant's Petition for Removal, finding no substantial prejudice or irreparable harm, as removal is an extraordinary remedy. The applicant's contention that she had a due process right to a new PQME was based on mere speculation about the AME's report. The Board admonished the applicant's counsel for filing the inappropriate petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalAgreed Medical EvaluatorSupplemental ReportQualified Medical Evaluator PanelInterlocutory OrderFinal OrderSubstantive RightIrreparable Harm
References
11
Case No. ADJ7686404
Regular
Jul 28, 2016

ALBERTO CORREA LOPEZ vs. GATANAGA NURSERY; STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration because it was not a "final" order, as it only addressed an intermediate procedural or evidentiary issue, not substantive rights or liabilities. The Board also denied the petition for removal, an extraordinary remedy, finding no showing of substantial prejudice or irreparable harm, nor that reconsideration would be an inadequate remedy. Consequently, both the petition for reconsideration and the petition for removal were dismissed and denied, respectively.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFinal OrderSubstantive RightLiabilityThreshold IssueInterlocutory DecisionProcedural IssueEvidentiary Issue
References
6
Case No. ADJ11384209
Regular
Aug 02, 2019

DONNY QUENZER, vs. ITS TECHNOLOGIES & LOGISTICS, LLC,, HARTFORD CASUALTY INSURANCE COMPANY,

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Reconsideration because the prior decision was not a "final" order as it only resolved an intermediate procedural or evidentiary issue. The Board also denied the Petition for Removal, finding no evidence of substantial prejudice or irreparable harm that would necessitate this extraordinary remedy. Removal is reserved for situations where reconsideration would be an inadequate remedy later. Therefore, both the reconsideration and removal requests were denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFinal OrderInterlocutory DecisionSubstantive RightThreshold IssueExtraordinary RemedySubstantial PrejudiceIrreparable Harm
References
6
Case No. ADJ9309831
Regular
Mar 04, 2016

JESUS RODRIGUEZ EUSEBIO vs. YOSHI'S GREEN SUPPLY INC., GUARD INSURANCE

The Workers' Compensation Appeals Board dismissed applicant Jesus Rodriguez Eusebio's petition for reconsideration because it was not filed from a "final" order, as it only addressed an intermediate procedural or evidentiary issue. The Board also denied his petition for removal, an extraordinary remedy, finding no evidence of substantial prejudice or irreparable harm. They determined reconsideration would be an adequate remedy if a final adverse decision is later issued. Therefore, both the petition for reconsideration and the petition for removal were dismissed and denied, respectively.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFinal OrderSubstantive RightLiabilityThreshold IssueInterlocutory DecisionProcedural OrderEvidentiary Decision
References
6
Case No. ADJ10902087
Regular
Jan 24, 2019

CURTIS SEYMORE vs. CITY OF RIVERSIDE POLICE DEPARTMENT, PSI

The Workers' Compensation Appeals Board dismissed Seymore's petition for reconsideration because it was filed against an interim order, not a final decision that determined substantive rights or liabilities. The Board also denied Seymore's petition for removal, finding no evidence of substantial prejudice or irreparable harm that would necessitate this extraordinary remedy. Seymore failed to demonstrate that reconsideration would be an inadequate remedy later in the proceedings. Therefore, both the reconsideration and removal petitions were denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFinal OrderSubstantive RightLiabilityThreshold IssueInterlocutory OrderProcedural DecisionEvidentiary Decision
References
6
Case No. ADJ1611171 (SAC 0308205)
Regular
Jan 15, 2020

JOANNE IRVING vs. SACRAMENTO CITY UNIFIED SCHOOL DISTRICT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATES

This case involves a petition for reconsideration and removal filed by Joanne Irving. The Workers' Compensation Appeals Board dismissed the petition for reconsideration because the WCJ's decision was not a "final" order, as it only addressed an intermediate procedural or evidentiary issue. The Board also denied the petition for removal, finding no evidence of substantial prejudice or irreparable harm, and that reconsideration would be an adequate remedy if a final decision is later adverse. Therefore, the Board found no grounds to grant the extraordinary remedy of removal.

WCABPetition for ReconsiderationPetition for RemovalFinal OrderSubstantive RightLiabilityThreshold IssueInterlocutoryProcedural DecisionEvidentiary Decision
References
6
Case No. ADJ1611115 (STK 0117929)
Regular
Jul 25, 2016

THERESA POLLEX vs. CRESTWOOD HOSPITAL, FIREMAN'S FUND INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Reconsideration because it was taken from a non-final, interlocutory procedural order. The Board also denied the Petition for Removal, finding no showing of substantial prejudice or irreparable harm that would necessitate this extraordinary remedy. The WCJ's report, which the Board adopted, adequately addressed the issues, and reconsideration remains an adequate remedy should a final adverse decision issue later. Therefore, the Board ordered the dismissal of reconsideration and denial of removal.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFinal OrderSubstantive RightThreshold IssueInterlocutoryProcedural DecisionEvidentiary IssueExtraordinary Remedy
References
6
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