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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. ADJ9170309
Regular
Nov 03, 2025

Miguel Mosqueda vs. City of Clearlake

Applicant Miguel Mosqueda sought reconsideration of a July 25, 2025 decision which found his injuries were not caused by the employer's serious and willful misconduct or violation of safety orders. Mosqueda, a maintenance worker, suffered catastrophic injuries, including paraplegia, after falling from a ladder while trimming a tree for the City of Clearlake. He contended that the employer violated several Cal. Code Regs., tit. 8 sections related to safety, training, and equipment. The Workers' Compensation Appeals Board, adopting the WCJ's report, denied the petition for reconsideration, concluding that the employer's actions did not constitute serious and willful misconduct and that no alleged safety violation was the proximate cause of the accident.

Serious and willful misconductPetition for reconsiderationFindings and OrderViolation of statuteViolation of safety orderCal. Code Regs. tit. 8 § 3203Cal. Code Regs. tit. 8 § 3276(d)(1)Cal. Code Regs. tit. 8 § 3276(e)(15)Cal. Code Regs. tit. 8 § 3421(b)Cal. Code Regs. tit. 8 § 3421(d)
References
Case No. ADJ9466570
Regular
Dec 24, 2014

ELVIRA HERNANDEZ vs. NEWCO FOODS, INC., Operating As JACK IN THE BOX, SECURITY NATIONAL, Administered By AMTRUST NORTH AMERICA

The Workers' Compensation Appeals Board granted reconsideration to clarify an earlier decision regarding a Medical Provider Network (MPN). The Board affirmed the finding that the defendant failed to prove the existence of a valid MPN. Consequently, findings related to MPN access standards and transfer of care were rescinded, with the applicant permitted to continue treatment outside the invalid MPN with her chosen physician. This decision primarily hinges on the defendant's failure to establish a legally compliant MPN.

Medical Provider NetworkMPNFindings of Fact and AwardPetition for Reconsiderationprimary treating physiciantransfer of careself-procured medical treatmentTitle 8section 9767.5(b)Title 8
References
Case No. ADJ4379849
Regular
Mar 06, 2012

HUGO SOTO vs. ABUNDANT LIFE AND ADOLESCENT GROWTH, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the lien claimant's Petition for Reconsideration. The lien claimant failed to appear at a lien conference on August 23, 2011, which led to a Notice of Intent to Dismiss their lien. The Board adopted the WCJ's report, noting the lien claimant incorrectly stated the date of the conference and that such inattention contributed to the dismissal. The Board emphasized that lien claimants are parties after the case-in-chief is resolved and must appear unless excused by the WCJ.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ClaimantWCJ ReportNotice of Intention to Dismiss LienLien ConferenceBiocare Rx Specialty PharmacyProof of ServiceOrder of DismissalCode of Civil Procedure section 473
References
Case No. ADJ8278787
Regular
Mar 04, 2014

FERMINA GALLEGOS vs. KINDRED HEALTHCARE, SEDGWICK, CMS

The Workers' Compensation Appeals Board (WCAB) granted reconsideration for lien claimant Preferred Scan, Inc., who sought to set aside an order dismissing their lien due to non-appearance at a lien conference. The WCJ recommended granting the petition, citing excusable neglect for the lien claimant's miscalendaring. The WCAB further found procedural defects, including the failure to issue a notice of intention to dismiss and improper delegation of service. Consequently, the WCAB rescinded the dismissal order and returned the matter to the trial level for further proceedings.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Dismissing LienLien ConferenceExcusable NeglectNotice of Intention to DismissTitle 8 California Code of Regulations Section 10562Title 8 California Code of Regulations Section 10241Title 8 California Code of Regulations Section 10500Rescinded
References
Case No. ADJ8040967, ADJ8215681
Regular
Feb 25, 2016

MARIA ORTIZ vs. J KOREAN BBQ, FARMERS INSURANCE

The Workers' Compensation Appeals Board dismissed a petition for removal in *Ortiz v. J Korean BBQ* because it was untimely filed. The petition was submitted on January 25, 2016, exceeding the 25-day deadline from the WCJ's December 18, 2015 decision. Filing with the Board, not just mailing, within the statutory period is required for timeliness. The Board also noted that had the petition been timely, it would have been denied on the merits based on the WCJ's report.

Petition for RemovalUntimely FilingWorkers' Compensation Appeals BoardWCJ ReportCal. Code Regs.tit. 8§ 10843(a)Cal. Code Regs.tit. 8§ 10507(a)(1)
References
Case No. ADJ7829294; ADJ7082968
Regular
Sep 24, 2012

PASTOR ALMENDARES vs. FIESTA WAREHOUSE LLC, INSURANCE COMPANY OF THE WEST

The Workers' Compensation Appeals Board denied Pastor Almendares' petition for reconsideration regarding his claims for industrial injuries. The Board found the applicant's testimony lacked credibility, which was a primary basis for the original denial of his claims for knee, low back, and psyche injuries. Furthermore, the applicant's petition was deemed "skeletal" and failed to meet regulatory requirements for evidentiary references. Therefore, the Board adopted the WCJ's report and denied the petition.

Workers' Compensation Appeals BoardPastor AlmendaresFiesta Warehouse LLCInsurance Company of the WestJoint Findings and Orderindustrial injurycredible witnessburden of proofskeletal petitionDWC/WCAB Form 45
References
Case No. ADJ7754584
Regular
Jul 08, 2014

LORENA ESTRADA vs. IDS USA WEST INC.; MITSUI SUMITOMO INSURANCE COMPANY OF AMERICA, administered by MITSUI SUMITOMO MARINE MANAGEMENT

The Workers' Compensation Appeals Board (WCAB) has issued an order dismissing Lorena Estrada's petition for reconsideration and denying her request for removal. The Board adopted the reasoning presented in the administrative law judge's report and recommendation. Specifically, the WCAB declined to accept the applicant's supplemental petition for reconsideration under California Code of Regulations, title 8, section 10848. Therefore, both the reconsideration and removal were denied.

WCAABReconsiderationRemovalPetitionDismissedDeniedSupplemental PetitionAdministrative Law JudgeReport and RecommendationCalifornia Code of Regulations
References
Case No. ADJ7200556
Regular
Aug 26, 2014

LUCIA MONTES vs. TARGET CORPORATION

The Workers' Compensation Appeals Board denied Target Corporation's petition for reconsideration. However, the matter is returned to the Workers' Compensation Judge (WCJ) for further proceedings regarding sanctions. The WCJ recommended sanctions against a lien claimant, Southland Spine & Rehabilitation, for failing to appear at a lien conference after their lien was dismissed. Southland's arguments that they were not considered a "party" under the regulations were found to be without merit.

WCABPetition for ReconsiderationLien ClaimantLien ConferenceSanctionsLabor Code Sec. 5813WCJDismissed LienTitle 8 CCR Sec. 10205Title 8 CCR Sec. 10240
References
Case No. ADJ10387805
Regular
Oct 28, 2019

PARDEEP SINGH vs. 7 ELEVEN, MITSUI SUMITOMO

The Workers' Compensation Appeals Board (WCAB) dismissed Pardee Singh's Petition for Reconsideration. The petition was deemed untimely because it was filed on August 28, 2019, which was after the jurisdictional deadline of August 26, 2019. This deadline was calculated from the service date of an Order Allowing Costs on August 1, 2019. The WCAB clarified that for a petition to be timely, it must be *received* by the board within the statutory period, not merely mailed.

Petition for ReconsiderationUntimelyDismissedWCABWCJLabor Code Section 5900Labor Code Section 5903Cal. Code Regs. tit. 8 § 10507Cal. Code Regs. tit. 8 § 10508Cal. Code Regs. tit. 8 § 10845
References
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