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

Case No. ADJ7673518, ADJ7647749
Regular
Jan 23, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION / CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant sustained industrial injury to her neck. While the applicant testified to injuring her neck in a workplace incident and this was partially corroborated, the Board found insufficient evidence for other claimed injuries. The Board specifically disagreed with the administrative law judge's credibility assessment concerning the neck injury itself, relying on medical reports and testimony supporting the neck injury claim. The Board affirmed the denial of claims for all other alleged injuries, finding insufficient medical evidence to link them to the incident.

Petition for ReconsiderationFindings and OrderIndustrial InjuryNeck InjuryBack InjurySpine InjuryUpper ExtremitiesPsycheGastroesophageal SystemInternal System
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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ1814557 (ANA 0345113)
Regular
Sep 04, 2018

WILLIAM LORANGER vs. AXIUM PAYROLL SERVICES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, CREDIT GENERAL INSURANCE COMPANY, INTERCARE INSURANCE SERVICES

Defendant CIGA sought reconsideration of a WCAB decision that found an Order Terminating Temporary Disability from 2009 was not properly served on the applicant. The WCAB denied CIGA's petition, adopting the WCJ's report which found the order was ineffective due to a lack of proper service on the applicant personally, not just their attorney. The Board emphasized that failure to provide notice and an opportunity to be heard raises due process concerns. Therefore, CIGA's petition for reconsideration was denied.

CIGAOrder Terminating Temporary DisabilityService of ProcessDue ProcessPetition for ReconsiderationWCAB RulesProof of ServiceApplicant's AttorneyWorkers' Compensation JudgeFindings of Fact
References
Case No. ADJ8613826
Regular
May 02, 2016

WALTER D. VILLATORO vs. POTENTIAL INDUSTRIES, ZURICH

The Workers' Compensation Appeals Board (WCAB) rescinded an order dismissing lien claimant Innovative Orthopedic Services' lien. The lien claimant argued it was denied due process because it never received notice of a lien conference or a Notice of Intention to Dismiss (NIT). The WCAB found that the lien claimant's due process rights were violated due to a lack of record of proper service of the NIT and any further lien conference notice. Therefore, the case is returned to the trial level for further proceedings and a new decision.

Workers' Compensation Appeals BoardLien claimantPetition for ReconsiderationNotice of Intention to DismissCompromise and ReleaseDue processNotice of Lien ConferenceAdministrative law judgeRescindVoid ab initio
References
Case No. RIV 0043397
Regular
Feb 25, 2008

GUILLERMINA GARCIA vs. EMPRESS CASTELL/DEL RIO'S TAQUERIA, CALIFORNIA GUARANTEE ASSOCIATION by its SERVICING FACILITY, CAMBRIDGE INTEGRATED SERVICES GROUP, INC., for FREMONT INDEMNITY COMPANY, in liquidation

The Workers' Compensation Appeals Board granted reconsideration to a lien claimant, Psychological Assessment Services, whose lien was dismissed for failure to appear at a hearing. The Board found the dismissal potentially erroneous due to disputed service of notice and awarded a hearing on the merits. The case was returned to the trial level for further proceedings.

Lien claimantPsychological Assessment ServicesReconsiderationDismissal with prejudiceEDEXService of processNotice of hearingObjectionWCJDue process
References
Case No. ADJ7232076
En Banc
Sep 26, 2011

Tsegay Messele vs. Pitco Foods, Inc.; California Insurance Company

The Appeals Board holds that the 10-day period for agreeing on an AME under Labor Code § 4062.2(b) is extended by five days when the initial proposal is served by mail, and clarifies the method for calculating this time period, finding both parties' panel requests premature.

Workers' Compensation Appeals BoardTsegay MesselePitco FoodsInc.California Insurance CompanyADJ7232076Opinion and Decision After ReconsiderationOrder Granting RemovalDecision After RemovalEn Banc
References
Case No. ADJ292109 (LAO 0863163)
Regular
Oct 27, 2015

Erica Brumfield vs. County of Los Angeles, Department of Social Services, York Risk Services

The Appeals Board granted reconsideration and rescinded the WCJ's dismissal order. The dismissal was based on a defendant's petition containing material misrepresentations and improper service on the unrepresented applicant. Crucially, the defendant failed to properly serve notice of dismissal proceedings, and the applicant was actively pursuing her claim as evidenced by her communications with adjusters and medical providers. Therefore, the dismissal order is void *ab initio* due to lack of due process and material misrepresentations.

Amended Petition to Set Aside DismissalPetition to Dismiss Based On Lack of Prosecutionvoid ab initiomaterial misrepresentationPetition for Reconsiderationrescind the Orderindustrial injuryunrepresentedin propria personamisrepresentation of facts
References
Case No. ADJ10717926
Regular
Aug 23, 2018

GUADALUPE SEDANO vs. GEO PACIFIC SERVICES, INC., REDWOOD FIRE AND CASUALTY INS. CO., ADMINISTERED BY BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Workers' Compensation Appeals Board granted reconsideration and rescinded the dismissal order because the record lacked proof of service for key notices. Applicant's case was dismissed for failing to object to a Notice of Intention to Dismiss, but the Board found the applicant may not have received proper notice of crucial hearings or the dismissal notice itself. Due process requires reasonable notice and an opportunity to be heard, which the incomplete record here calls into question. Therefore, the case is returned to the trial level for further proceedings to develop the record on service issues.

Petition for ReconsiderationOrder of DismissalNotice of Intention to DismissExcusable NeglectMandatory Settlement ConferenceProof of ServiceDue ProcessGood CauseService of NoticeWCAB Rule 10500
References
Case No. ADJ10106913
Regular
Apr 17, 2018

LUIS FLORES vs. WEST ANGELES CHURCH OF GOD IN CHRIST; INSURANCE COMPANY OF THE WEST GROUP / EXPLORER INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration of an order allowing costs for interpreting services. The WCAB found that the defendant was not properly served with the original order, violating their due process rights. Furthermore, the original order lacked specific reasoning and evidence to support the award, failing to comply with evidentiary requirements. Consequently, the WCAB rescinded the order and returned the matter for further proceedings, including potentially a lien conference.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Allowing CostsWCAB Rule 10500Service of ProcessDue ProcessLien ClaimantLabor Code § 5811WCJ Report and RecommendationTimeliness
References
Case No. ADJ1877143 (BAK 0140772)
Regular
Jun 29, 2010

JOSE RIVERA vs. CALIFORNIA PROFESSIONAL EMPLOYERS, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration for both the lien claimant and the defendant due to service errors. Specifically, the defendant failed to serve its petition on the Employment Development Department (EDD), and the WCJ failed to serve its report on the EDD. To ensure due process and avoid bifurcating the issues, the Board rescinded the original award and returned the matter to the trial level for further proceedings and a new decision.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationFindings Award and OrdersMedical TreatmentMedical-Legal ServicesState Compensation Insurance FundFarm LaborerLumbar Spine InjuryEmployment Development Department
References
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