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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. ADJ7787891
Regular
Sep 25, 2015

JORGE CERVANTES vs. JBM SPORT TRUCK AND ACCESSORIES, CYPRESS INSURANCE COMPANY

Here's a summary for a lawyer, in a maximum of four sentences: The Workers' Compensation Appeals Board granted reconsideration, reversing a prior decision that disallowed a lien claimant's invoice for photocopying services. The Board found that the lien claimant, California Imaging Solutions, acted as an agent or independent contractor for applicant's attorney, a member of the State Bar. This status exempted them from Business and Professions Code registration and bonding requirements. Consequently, the case was returned to the trial level to determine the reasonable fee for the lien claimant's services.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationIndependent ContractorBusiness and Professions Code Section 22451Registration RequirementBonding RequirementProfessional PhotocopierState Bar MemberApplicant's Attorney
References
Case No. ADJ7471902
Regular
Sep 15, 2017

Steven Seloever vs. Samuel J. Piazza and Sons Trucking, Oak River Insurance, Administered By Berkshire Hathaway Homestate Companies

This Workers' Compensation Appeals Board case denied a lien claim for medical services provided by Beverly Hills Center for Arthroscopic and Outpatient Surgery. The lien was filed on December 31, 2012, over five years after the date of injury (November 16, 2007), exceeding the statutory deadline under Labor Code section 4903.5(a). The Board found the claimant's argument for tolling due to lack of notification regarding a Compromise and Release was invalid, as the lien was not filed at the time of the notification. Therefore, the lien was properly disallowed as time-barred.

Labor Code section 4903.5(a)time-barredlien claimdate of injuryOrder Approving Compromise and Releasestatutory deadlinetollingperfected lienreimbursementevidentiary burden
References
Case No. ADJ1560752
Regular
Sep 09, 2025

EUGENE FLOWERS vs. RAY MAC PAINTING, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) affirmed the January 12, 2021 Findings and Award (F&A) in the case of Eugene Flowers, who sustained an industrial injury to his right shoulder and subsequently alleged a psyche injury. Defendant State Compensation Insurance Fund sought reconsideration, contesting the reasonableness of treatment provided by lien claimant Behavioral Medicine and Health Psychology, liability for statutory increase and interest, and the validity of the lien due to declaration requirements. The WCAB, adopting the WCJ's report, concluded that the applicant's psyche injury was a compensable consequence, the psychological treatment was medically necessary and reasonable, and the lien was not barred by the late filing of the declaration under Labor Code section 4903.8(d). Consequently, the F&A, which ordered payment for adjusted charges along with statutory interest and increase, was upheld.

ReconsiderationFindings and AwardBehavioral Medicine and Health Psychologyindustrial injurypsychemedically reasonablenecessarystatutory increaseinterestlien claimant
References
Case No. ADJ8883051
Regular
Nov 03, 2015

ROSEMARY BARRIENTOS vs. SABAN FREE CLINIC, CYPRESS INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a decision disallowing Western Imaging Services' (WIS) lien. The Board found WIS was exempt from photocopier registration requirements as it acted as an agent for applicant's attorney, a member of the State Bar. This exemption, under Business and Professions Code Section 22451(b), negates the need for registration and bonding. The case was returned to the trial level for a new decision on the lien's compensability and fee.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationBusiness and Professions Code Section 22451(b)Independent ContractorAgentState BarRegistration RequirementsBondingProfessional Photocopier
References
Case No. ADJ3357383 (LAO 0845427)
Regular
Nov 26, 2013

LARRY ALVES vs. PANELIZED STRUCTURES, STATE COMPENSATION INSURANCE FUND

This case concerns Larry Alves' claim for psychiatric injury following a physical injury sustained while employed for less than six months. The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior ruling favoring the applicant. The WCAB found the psychiatric claim barred under Labor Code § 3208.3(d) because the applicant's employment was too short and the injury was not caused by a "sudden and extraordinary" employment condition. The Board concluded that an injury from a falling truss, though unfortunate, is not extraordinary in construction work.

Labor Code section 3208.3(d)psychiatric injurysudden and extraordinary employment conditionsix-month employment requirementfalling trusscarpenterconstruction workerpanelized structuresState Compensation Insurance FundWorkers' Compensation Appeals Board
References
Case No. ADJ8759866
Regular
Sep 01, 2016

ERNESTINA ESCAMILLA vs. PELICAN PRODUCTS, INC., UNITED STATES FIRE INSURANCE COMPANY

This case addresses a lien claimant's petition for reconsideration of a denied lien. The Workers' Compensation Appeals Board denied the petition, affirming the administrative law judge's finding that the lien was barred by Labor Code section 4903.5(a)'s 18-month limitations period. The Board ruled that because services were provided after July 1, 2013, the lien claimant was obligated to file within 18 months of the last service date, which they failed to do. The Board reasoned that the statute provided reasonable time for filing after its enactment.

Labor Code section 4903.5(a)lien claimantreconsideration18-month limitation periodJuly 12013reasonable timeretroactive applicationproceduralvocational rehabilitation
References
Case No. ADJ8093832
Regular
Sep 24, 2015

ARACELI CASILLAS DE VAZQUEZ vs. EL TAPATIO MARKET, ZENITH INSURANCE COMPANY

Lien claimants Western Imaging Services and Tower Copy Service petitioned for reconsideration after their liens were denied by the WCJ. The WCJ had ruled they were unregistered professional photocopiers and not exempt from registration requirements. The Appeals Board granted reconsideration, finding that the lien claimants were indeed independent contractors of applicant's attorney, a member of the State Bar. Therefore, they qualified for the exemption under Business and Professions Code section 22451(b). The case was remanded for a determination of the reasonableness of the claimed fees.

Professional photocopierBusiness and Professions Code Section 22450Business and Professions Code Section 22451Independent contractor exemptionMember of the State BarLien claimantsWorkers' Compensation Appeals BoardPetition for reconsiderationDecision after reconsiderationWCJ
References
Case No. ADJ8912546
Regular
Jan 19, 2016

CARLOS CASTRO, CARLOS CASTRO VICENTE vs. MURANAKA FARMS, ZENITH INSURANCE COMPANY

This case involves a lien claim by Western Imaging Services for photocopying services rendered to applicant's attorney. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, rescinding the initial findings. The WCAB held that Western Imaging Services is exempt from professional photocopier registration requirements under Business and Professions Code section 22451(b) because it acted as an independent contractor for the applicant's attorney, a member of the State Bar. The WCAB also admitted the attorney's letter confirming this independent contractor status into evidence, finding it substantial evidence for Western's claim.

Professional photocopierBusiness and Professions Code section 22451Independent contractorMember of the State BarLien claimantPetition for reconsiderationPetition for removalWCJ reportCompromise and ReleaseMedical-legal expenses
References
Case No. ADJ8313132
Regular
2015-05-00

Ana Garcia vs. Exemplar Enterprise, Travelers Property Casualty Company of America

This case involves a lien claim by Preferred Scan, Inc. (PSI) for photocopying services provided to the applicant's attorney. The initial ruling disallowed PSI's lien, finding it failed to meet registration and bonding requirements for professional photocopiers under Business and Professions Code sections 22450 and 22455. The Workers' Compensation Appeals Board (WCAB) reversed this decision, holding that PSI was exempt as an independent contractor of a member of the State Bar pursuant to Business and Professions Code section 22451(b). The WCAB found sufficient evidence that PSI acted as an agent or independent contractor for the attorney, thus making registration and bonding unnecessary. The case was returned to the trial level to determine the amount due on PSI's lien.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationFindings and OrderAdministrative Law JudgeIndependent ContractorBusiness and Professions Code Section 22451Registration RequirementsBonding RequirementsMember of the State Bar
References
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