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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. 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. 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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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 823855, LAO 823856
Regular
Oct 03, 2007

PEDRO M. RODRIGUEZ vs. RALPHS GROCERY COMPANY

The applicant sought reconsideration of a denial of workers' compensation benefits, which was based on the finding that his claims were filed after notice of termination. The Board affirmed the denial, concluding that the applicant's job abandonment led to a termination prior to the filing of his claims. The Board also determined that the employer properly denied both the specific and cumulative trauma claims, thus negating a presumption of compensability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderFindings of FactAdministrative Law JudgeApplicantDefendantRalphs Grocery CompanySecurity GuardIndustrial Injury
References
Case No. ADJ7236324
Regular
Oct 23, 2015

MARIA VILCHIS vs. NORWALK MARRIOTT, ZURICH NORTH AMERICAN

The Workers' Compensation Appeals Board (WCAB) dismissed Maria Vilchis's Petition for Reconsideration. The dismissal was based on the applicant's failure to comply with WCAB Rule 10842(b), which mandates specific citations to the record to support evidentiary statements. The Board emphasized that the applicant cannot shift the burden of searching the record to the Appeals Board. This rule is consistent with appellate court procedures requiring proper record citation to avoid waiver of points.

Petition for ReconsiderationWCAB Rule 10842(b)Specific CitationsRecord ReferencesEvidentiary StatementsWaiverBurden of ProofAdministrative Law Judge ReportAppellate RulesDismissal Order
References
Case No. ADJ7882643
Regular
Apr 03, 2017

SERGIO RUIZ vs. JOSE GARCIA aka JOSE F. GARCIA aka JOSE GRANCISCO GARCIA doing business as JOHN GARCIA PAINT SERVICE, MELANIE A. BERRY AS A SUBSTANTIAL SHAREHOLDER

This case involves a Petition for Reconsideration that was dismissed for two primary reasons. Firstly, the petition was filed untimely, exceeding the statutory 25-day limit for filing after the WCJ's decision. Secondly, the petition failed to meet procedural requirements by not providing specific citations to the record or detailing the grounds for reconsideration, as mandated by relevant Labor Code sections and WCAB rules. Consequently, the Appeals Board lacked jurisdiction to consider the petition, leading to its dismissal.

Petition for ReconsiderationWCABWorkers' Compensation Administrative Law JudgeWCJjurisdictional time limituntimely petitionspecific citations to the recordLabor CodeCalifornia Code of RegulationsRule 10842
References
Case No. ADJ8743108
Regular
Dec 21, 2015

HELIBERTO AISPURO vs. SHAKEYS USA, INCORPORATED, THE HARTFORD INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed Heliberto Aispuro's Petition for Reconsideration due to a failure to comply with WCAB Rule 10842(b) and relevant case law requiring specific citations to the record. The petitioner did not make a reasonable effort to reference evidence supporting their claims. The WCAB adopted the WCJ's report as the basis for dismissal, which would have been granted on the merits even without the procedural deficiency. Additionally, the applicant failed to properly serve all adverse parties.

Petition for ReconsiderationWCAB Rule 10842(b)Specific CitationsRecord ReferencesAppellate ProceedingsLabor Code Section 5905Adverse PartiesDismissalAdministrative Law JudgeEvidentiary Statements
References
Case No. ADJ2548586 (VNO0557073)
Regular
Apr 03, 2025

MELANIE SANCHEZ vs. MIANO'S FOOD CORPORATION, HARTFORD INSURANCE COMPANY OF THE MIDWEST, TRAVELERS CASUALTY & SURETY CO.

The Workers' Compensation Appeals Board granted reconsideration of an arbitrator's findings concerning the date of injury and liability under Labor Code section 5500.5, specifically due to an incomplete arbitration record. Despite a Notice of Intention to rescind and an extended deadline for submitting missing documents, the required transcripts and pleadings were not filed. Emphasizing the importance of due process and a complete evidentiary record for meaningful review, the Appeals Board rescinded the arbitrator's decision and returned the matter for further proceedings, allowing any aggrieved party to seek reconsideration of a new decision.

Labor Code 5500.5ContributionReimbursementStatute of LimitationsArbitrator's DecisionReconsiderationRescindedIncomplete RecordDue ProcessSubstantial Justice
References
Case No. ADJ10285745
Regular
Jun 17, 2019

MELINDA SANCHEZ vs. MERITAGE HEALTHCARE, SEABRIGHT INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed Melinda Sanchez's Petition for Reconsideration because it was "skeletal." The petition failed to meet the legal requirements of Labor Code § 5902 and Appeals Board Rules 10842, 10846, and 10852, which mandate specific details on grounds for reconsideration and evidence relied upon. Specifically, the petition did not clearly state the grounds for reconsideration or cite the record with specificity. Consequently, the WCAB found the petition subject to dismissal and would have denied it on the merits had it not been procedurally deficient.

Petition for ReconsiderationSkeletal PetitionLabor Code Section 5902Appeals Board RulesRule 10842Rule 10846Rule 10852SpecificityRecord ReferencesLegal Principles
References
Case No. ADJ9 657673, ADJ9 632441, ADJ9 697740, ADJ9 832297, ADJ9 834527, ADJ9 842328, ADJ9 919901, ADJ9 919978
Regular
Apr 14, 2016

KELLY FINN vs. OXNARD SCHOOL DISTRICT

The Workers' Compensation Appeals Board (WCAB) dismissed Kelly Finn's Petition for Reconsideration because it was "skeletal." The petition failed to meet the legal requirements of Labor Code section 5902 and WCAB Rules 10842, 10846, and 10852, which mandate specific details regarding grounds, evidence, and legal principles. The WCAB found the petition lacked specific references to the record and the evidence it relied upon.

WORKERS' COMPENSATION APPEALS BOARDPetition for Reconsiderationskeletal petitionLabor Code section 5902WCAB Rulesmaterial evidencespecific references to the recordprinciples of lawdeny or dismissWCJ report
References
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