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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. ADJ7751160
Regular
Jun 26, 2012

WALLACE MANNS vs. AMERICAN LABOR POOL, OLD REPUBLIC GENERAL INSURANCE CORPORATION

This case concerns a worker's compensation claim for an inguinal hernia sustained prior to a layoff. The employer argued the claim was barred by Labor Code section 3600(a)(10) as it was filed after notice of termination. The Appeals Board granted reconsideration, finding the Administrative Law Judge erred by requiring proof of retaliatory intent. The Board rescinded the original finding, concluding the post-termination defense applied as no exceptions under the statute were met. The applicant's claim was therefore barred.

Workers' Compensation Appeals BoardWallace MannsAmerican Labor PoolOld Republic General Insurance CorporationADJ7751160Riverside District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWCJ
References
Case No. ADJ12226694, ADJ12414651, ADJ12414992, ADJ12414993
Significant
Jun 17, 2024

GUILLERMO GONZALEZ, et al., Applicants vs. THE BICYCLE CASINO; ARCH INDEMNITY INS. CO., administered by GALLAGHER BASSETT, et al., Defendants

The Appeals Board consolidates two cases and issues a notice of intent to impose sanctions and costs against attorney Susan Garrett and hearing representative Lance Garrett for filing petitions for reconsideration with the willful intent to disrupt or delay proceedings.

Labor Code Section 5813SanctionsCostsAttorney's FeesImproper MotiveFrivolousUnnecessary DelayPetitions for ReconsiderationOrder Approving Compromise and ReleaseWillful Intent
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. LAO 0806287
Regular
Dec 13, 2007

AURORA BARAJAS vs. THE MAINLAND COMPANY, INC. aka CRAZY SHIRTS, INC., ALLIANZ INSURANCE COMPANY, INDEMNITY INSURANCE COMPANY OF AMERICA Administered By ACE USA/ESIS, CENTRE INSURANCE COMPANY Administered By REM, SAFETY NATIONAL CASUALTY CORPORATION Administered By COMPLINK

The Appeals Board granted Shidu Chiropractic's petition for reconsideration and amended the Workers' Compensation Judge's (WCJ) decision. While Shidu was properly notified of the lien trial, the WCJ erred by issuing a Notice of Intention to Disallow Lien Claim instead of a Notice of Intention to Dismiss, and by dismissing the lien with prejudice. The lien is now dismissed without prejudice, acknowledging potential procedural errors by the WCJ.

Workers' Compensation Appeals BoardLien ClaimantReconsiderationDismissal with PrejudiceNotice of Intention to DisallowNotice of Intention to DismissCompromise and ReleaseLien TrialGood CauseWithout Prejudice
References
Case No. ADJ4653913
Regular
Jan 14, 2011

BERTHA GARCIA vs. UNITED FOOD GROUP, CRUM & FORSTER, PACIFIC COMP

The Workers' Compensation Appeals Board (WCAB) dismissed a lien claimant's petition for reconsideration. The petition sought to challenge a WCJ's Notice of Intention to Dismiss the lien, arguing it was improperly issued without a hearing. The WCAB found the Notice of Intention to Dismiss was not a final order subject to reconsideration. Additionally, the petition lacked the required verification under Labor Code section 5902. The WCAB instructed the WCJ to treat the filing as an objection to the notice.

WCABLien ClaimantPetition for ReconsiderationNotice of Intention to DismissInterlocutory OrderFinal OrderLabor Code § 5900Labor Code § 5902VerificationBoard Rule 10562(e)(1)
References
Case No. ADJ1884241
Regular
Jun 25, 2013

ANTONIA CERVANTES vs. PRIDE INDUSTRIES, LWP CLAIMS SOLUTIONS, BROADSPIRE

The Workers' Compensation Appeals Board denied reconsideration of an order imposing sanctions on lien claimant, Word of Mouth Interpreters, and its attorneys, Gonzales Law Firm. The board adopted the WCJ's report, finding that the lien claimant improperly filed a petition for reconsideration without statutory grounds and attached unnecessary exhibits. The WCJ noted the lien claimant's pattern of conduct, including failure to appear at hearings and improper attempts to withdraw filings, which led to unnecessary litigation expenses. Sanctions were deemed appropriate due to the lien claimant's lack of due care and respect for the venue.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ ReportEAMSAmended Notice of IntentionRules of Practice and ProcedureDeficient PetitionStatutory GroundsLien ClaimantDeclaration of Readiness to Proceed
References
Case No. ADJ1733255 (MON 0346938) ADJ4588227 (MON 0346937)
Regular
Oct 18, 2010

ARTURO CUADRAS vs. CRUCERO USA, LLC, ACE INSURANCE

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The defendant sought to overturn a WCJ's order that set aside a prior dismissal of the applicant's cases for lack of prosecution. The Board found that the applicant demonstrated intent to continue prosecuting the case and likely did not receive proper notice of the dismissal. Therefore, the WCJ correctly set aside the dismissal order.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationFindings and Orderlack of prosecutionOrder Dismissingset asidejurisdictionNotice of Intent to DismissobjectionRebuttal
References
Case No. ADJ9668991
Regular
Dec 22, 2017

SALVADOR VARGAS, vs. EXCEL STAFFING, SOUTHEAST PERSONNEL LEASING, INC., STATE NATIONAL INSURANCE COMPANY, PACKARD CLAIMS ADMINISTRATION

The Appeals Board dismissed the defendant's Petition for Reconsideration of an order vacating a Notice of Intent to dismiss a lien, finding it was not a final order. The Board granted the Petition for Removal, rescinded the September 29, 2017 order, and returned the matter to the trial level. This action was taken because the lien had already been dismissed by a prior order on August 15, 2017, making the subsequent order to vacate it erroneous. However, the Board noted the lien claimant's assertion of an automatic stay under Labor Code section 4615 due to alleged fraud charges, which, if proven, would render the August 15, 2017 dismissal void.

Salvador VargasExcel StaffingSoutheast Personnel LeasingState National Insurance CompanyPackard Claims AdministrationCalifornia Imaging Beverly HillsWCABPetition for ReconsiderationPetition for RemovalOrder Dismissing Lien
References
Case No. ADJ17569878
Regular
Apr 28, 2025

Marvin Pineda Contreras vs. Southwest Plastering, Inc.; Zenith Insurance Company

Lien Claimant Oracle Imaging Riverside sought reconsideration of an Order Dismissing Lien issued on December 23, 2024, by the WCJ, following its alleged failure to object to a notice of intention to dismiss. Oracle contended it had not received proper notice of the hearing date, attributing this to the Appeals Board not sending notifications to its P.O. Box. The Appeals Board dismissed the Petition for Reconsideration as premature, returning the matter to the trial level for the WCJ to consider the Petition as one seeking to set aside the Order Dismissing Lien. The Board noted that any aggrieved party may seek reconsideration after the WCJ issues a subsequent decision.

Petition for ReconsiderationOrder Dismissing LienLien ClaimantNotice of IntentionFailure to AttendProper NoticeBad AddressReport and RecommendationCompromise and Release AgreementOrder Approving Compromise and Release
References
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