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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. ADJ8381778
Regular
Oct 18, 2012

GERALD BROWN vs. GOLDEN GATE PETROLEUM, LIBERTY MUTUAL

In this workers' compensation case, the applicant, Gerald Brown, filed a Petition for Removal and a Petition for Disqualification against Golden Gate Petroleum and Liberty Mutual. The defendants subsequently withdrew both petitions after entering into a Compromise and Release agreement. The Workers' Compensation Appeals Board dismissed both petitions as moot, as they were withdrawn and the settlement was approved by the WCJ. Therefore, no further action will be taken on the dismissed petitions.

Petition for RemovalPetition for DisqualificationCompromise and ReleaseWCJWorkers' Compensation Appeals BoardADJ8381778mootwithdrawn petitionsdismissaladministrative law judge
References
Case No. ADJ6594236
Regular
Aug 12, 2014

HERMALINDA AVILA vs. GOLDEN GATE PETROLEUM, INC., EMPLOYERS INSURANCE OF WAUSAU

The Workers' Compensation Appeals Board (WCAB) dismissed Golden Gate Petroleum, Inc. and Employers Insurance of Wausau's Petition for Reconsideration. The dismissal was due to the petition being filed untimely. Specifically, the defendants failed to file within the 20-day statutory period for reconsideration, plus an additional 5 days for mailing. Therefore, the WCAB adopted the administrative law judge's recommendation and dismissed the petition as procedurally defective.

Petition for ReconsiderationDismissedUntimelyLabor Code section 5903Code of Civil Procedure section 1013WCJ Report and RecommendationWorkers' Compensation Appeals BoardGolden Gate PetroleumInc.Employers Insurance of Wausau
References
Case No. ADJ8029086
Regular
Mar 21, 2014

GEORGE SANCHEZ vs. MYRON & DAVIS, EVEREST NATIONAL INSURANCE

This Workers' Compensation Appeals Board case, George Sanchez v. Myron & Davis; Everest National Insurance, involves a petition for reconsideration filed by the applicant. The Board granted reconsideration based on an initial review, citing the need for further study of factual and legal issues. This action is intended to ensure a comprehensive understanding of the record and enable a just decision. All future communications in this matter are to be filed in writing with the Office of the Commissioners of the WCAB, not district offices.

Petition for ReconsiderationWorkers' Compensation Appeals BoardADJ8029086San Bernardino District OfficeDecision After ReconsiderationElectronic Adjudication Management SystemStatutory time constraintsFactual and legal issuesJust and reasoned decisionFurther proceedings
References
Case No. ADJ3609759
Regular
Jan 14, 2016

LEONEL COLLAZO vs. GLOBAL MANUFACTURING, AIG CLAIMS

In *Collazo v. Global Manufacturing*, the Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration of a decision filed October 30, 2015. The WCAB determined reconsideration was necessary to thoroughly review the factual and legal issues for a just decision. All future filings related to the petition must be submitted directly to the WCAB Commissioners in San Francisco, not to district offices or via e-filing, unless specifically noted otherwise. The WCAB stressed that a judge cannot act on settlement proposals while reconsideration is pending.

PETITION FOR RECONSIDERATIONWORKERS' COMPENSATION APPEALS BOARDGLOBAL MANUFACTURINGAIG CLAIMSADJ3609759LAO 0778512LOS ANGELES DISTRICT OFFICEOCTOBER 30 2015 DECISIONSTATUTORY TIME CONSTRAINTSFACTUAL AND LEGAL ISSUES
References
Case No. ADJ10473323 ADJ9241894
Regular
Nov 15, 2019

HECTOR GONZALEZ vs. RECOLOGY GOLDEN GATE

The WCAB granted reconsideration to amend the previous award. The Board found that applicant is entitled to a single, unapportioned award for his right knee permanent disability, as it directly resulted from unsuccessful medical treatment for both his specific and cumulative trauma injuries, per *Hikida*. Additionally, the Board determined that applicant's permanent disability should be rated using the higher Occupational Group 560, reflecting his occasional performance of more arduous duties as a garbage collector. The matter was returned to the trial level for issuance of a new award reflecting these findings.

Workers' Compensation Appeals BoardHector GonzalezRecology Golden Gatepermanent disabilityspecific injurycumulative traumaOccupational Group 350Occupational Group 560Agreed Medical Examinerapportionment
References
Case No. ADJ8075022
Regular
Jun 09, 2014

GUILLERMINA FIGUEROA vs. MARTIN RESORTS, INSURANCE COMPANY OF THE WEST

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for reconsideration of a prior decision. This action was taken due to statutory time constraints and an initial review indicating a need for further study of the factual and legal issues. The WCAB will conduct further proceedings to ensure a just and reasoned decision. All future filings must be submitted in writing to the WCAB Commissioners' office in San Francisco, not to any district office or e-filed.

Petition for ReconsiderationWorkers' Compensation Appeals BoardGUillermina FigueroaMartin ResortsInsurance Company of the WestADJ8075022San Luis ObispoApril 15 2014statutory time constraintsfactual and legal issues
References
Case No. ADJ4007151 (SRO 0117280) ADJ186062 (SRO 0118670)
Regular
Jan 08, 2009

FRED HELBERG vs. GOLDEN GATE TRANSIT and CLAIMS MANAGEMENT INC.

The Appeals Board rescinds the Joint Findings, Award and Order of October 31, 2008, and returns the matter to the trial level, pending the California Court of Appeal's decision in Benson v. Permanente Medical Group.

Workers' Compensation Appeals BoardFred HelbergGolden Gate TransitClaims Management Inc.Industrial InjuryCumulative TraumaDiesel MechanicPermanent DisabilityApportionmentBenson case
References
Case No. ADJ736646 (SRO 0119451)
Regular
Oct 06, 2008

MARCO AGUILAR vs. GOLDEN GATE DRYWALL, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration because it was filed 26 days after the original decision was served by mail, exceeding the jurisdictional 25-day deadline. The applicant sought to reopen a prior award, arguing his condition had worsened, but the Board lacked the authority to consider the untimely petition. Therefore, the petition for reconsideration was dismissed.

Workers' Compensation Appeals BoardPetition for ReconsiderationUntimely PetitionNew and Further DisabilityFinding and OrderWCJ DecisionLabor Code section 5903JurisdictionService by MailIn Pro Per
References
Case No. ADJ8133458 ADJ8103142
Regular
Jun 22, 2018

MYLY TRAN vs. CREATION TECHNOLOGY, HARTFORD SACRAMENTO, CHUBB GROUP LOS ANGELES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an administrative law judge's (WCJ) order dismissing a lien claim. The petitioner, Sunnyvale Imaging, argued they never received notice of intent to dismiss. The WCAB found the dismissal order lacked specificity in identifying which of Golden Gate Diagnostics' multiple outstanding liens was being dismissed. Therefore, the WCAB rescinded the dismissal order and returned the matter to the WCJ for further proceedings to clarify the specific liens at issue.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationOrder Dismissing Lien ClaimElectronic Adjudication Management SystemNotice and Request for Allowance of LiensWCJ DecisionAdmitted EvidenceHamilton v. LockheedHernandez v. AMS Staff Leasing
References
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