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

Case No. ADJ4379045 (ANA 0389616)
Regular
Mar 19, 2012

FEDERICO MARTINEZ vs. ROBERTSON'S READY MIX, INC.

Defendant Robertson's Ready Mix sought to reopen a stipulated award of 81% permanent disability for Federico Martinez based on a change in law regarding life pension calculations. The Workers' Compensation Appeals Board (WCAB) dismissed the petition for reconsideration as untimely, as it was filed significantly beyond the statutory 20-day limit. However, the WCAB returned the petition to the trial level to be considered solely as a petition to reopen based on the alleged change in law. This decision allows the parties to address the legal change at the trial judge level.

Workers' Compensation Appeals BoardPetition to ReopenPetition for ReconsiderationStipulated Findings and AwardIndustrial InjuryPermanent DisabilityLife PensionLabor Code Section 4659(c)Baker v. Workers' Comp. Appeals Bd.Untimely Filing
References
5
Case No. ADJ3502038 (VNO 0531200) ADJ3850322 (VNO 0531201)
Regular
Oct 21, 2010

MARIA DE LA LUZ PADILLA vs. SUNRISE SENIOR LIVING, INC., HOME ASSURANCE COMPANY, SEDGWICK CLAIMS MANAGEMENT

The Workers' Compensation Appeals Board (WCAB) denied the defendant's petition for reconsideration of a Stipulations and Award (S&A) regarding applicant's neck, shoulder, and chest injuries. The defendant claimed mutual mistake and delays by applicant's attorney as grounds to set aside the S&A. However, the WCAB found these allegations insufficient to overturn the executed contract. The matter is returned to the trial level for further proceedings on the defendant's separate petition to set aside the S&A, due to apparent procedural irregularities.

Stipulations and AwardPetition for ReconsiderationPetition to Set AsideMutual Mistake of FactGood CauseDelay in ApprovalService of DocumentEthical BreachesTrial Level ProceedingsWorkers' Compensation Judge
References
2
Case No. ADJ7928198
Regular
Mar 19, 2014

FELIPE AYALA vs. CUSTOM DELUXE LANDSCAPINT, ACE USA

The Workers' Compensation Appeals Board dismissed a petition for reconsideration because it was filed against a Notice of Intention, not a final order. The Board found the petition frivolous and warned against future similar filings. The case will be returned to the trial level for further proceedings and decision.

Petition for ReconsiderationNotice of Intention (NIT)Lien ClaimDismissalTrial LevelWCJ ReportFrivolous FilingSanctionsWorkers' Compensation Appeals BoardFinal Order
References
0
Case No. ADJ997412 (LAO 0813526)
Regular
Oct 25, 2010

PATRICIA ANN HAYES vs. ALBERTSONS, SPECIALTY RISK SERVICES

This case concerns the applicant's petition for reconsideration and removal of a Workers' Compensation Appeals Board (WCAB) decision. The WCAB dismissed the reconsideration petition, finding the prior order was not final. However, they granted the removal petition, rescinded the prior order, and returned the case to the trial level for further proceedings. The WCAB found the trial judge's decision to order additional medical evaluations was premature without establishing a deficiency in the existing medical record. Finally, the applicant's petition to disqualify the trial judge was denied, as the judge's actions were not deemed to reflect a prejudgment of the case's merits.

AOE/COEfibromyalgiapsychiatric injuryorthopedic injuryAgreed Medical Examinerpetition for reconsiderationpetition for disqualificationpetition for removalFindings and Ordersdiscovery order
References
7
Case No. ADJ6552779
Regular
Aug 17, 2009

LOUIE BLACKMON vs. THE HOME DEPOT, SEDGWICK 14442 ORANGE

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration because it was not filed against a final order. The WCJ had previously denied the applicant's petition for commutation without prejudice, citing failure to serve the defendant and lack of substantiating documentation. The Board remanded the case to the trial level for a status conference to assist the unrepresented applicant with understanding commutation requirements.

CommutationPetition for ReconsiderationOrder Denying Without PrejudiceStipulated Findings and AwardNewly Discovered EvidenceProof of ServiceFinal OrderLabor Code Section 5900Substantive Rights and LiabilitiesInformation and Assistance Office
References
5
Case No. ADJ3835561 (GOL 0099475)
Regular
Jul 12, 2011

CESAR HERNANDEZ vs. J.D. HUMANN LANDSCAPING, INC., NATIONAL LIABILITY AND FIRE INSURANCE COMPANY, AMERICAN COMMERCIAL CLAIMS ADMINISTRATORS

The defendant sought reconsideration of an order setting aside a compromise and release, alleging the order was ex-parte and issued without notice. However, the defendant later withdrew its petition, explaining it was unaware of lien claimant correspondence and had since negotiated a resolution for attorney fees. The Board dismissed the defendant's petition for reconsideration and remanded the case to the trial level for further proceedings. This action allows for reinstatement of the original compromise and release and approval of the negotiated stipulation for attorney fees.

WCABPetition for ReconsiderationOrder Setting Aside Order Approving Compromise and ReleaseEx-parteLien ClaimantEstate of Michael StevensStipulation and AwardAttorney FeesRemandTrial Level
References
0
Case No. ADJ10832179
Regular
Jun 08, 2018

ELIZABETH OLIVAS MONTOYA vs. SADDLEBACK VALLEY UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration of an order compelling her deposition. However, the Board granted the petition for removal, rescinded the deposition order, and returned the matter to the trial level. This decision was based on the applicant's inability to drive due to injury and subsequent complications with her attorney's health, coupled with the procedural issue of not allowing the applicant an opportunity to be heard before the order was issued. The Board hopes the parties can resolve the deposition dispute amicably at the trial level.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalOrder Compelling Attendance at DepositionWCJCumulative TraumaInstructional AssistantPetition to Compel DepositionOpportunity to be heardKnee Injury
References
6
Case No. ADJ3778927 (SFO 0460851) ADJ334222 (OAK 0285716) ADJ2101319 (SFO 0437718) ADJ4065670 (OAK 0285715)
Regular
Jun 06, 2011

KIMBERLY ROBERTS vs. CITY & COUNTY OF SAN FRANCISCO, INTERCARE

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration because the appealed Minute Order was not a final order, as it only set for trial the issue of proper notice regarding a medical examiner panel. The WCAB also denied the applicant's Petition for Removal, finding no substantial prejudice or irreparable harm that would justify this extraordinary remedy. The applicant sought a third panel of qualified medical examiners, claiming insufficient notice of a second panel. The matter was returned to the trial level for further proceedings.

Petition for ReconsiderationPetition for RemovalQualified Medical ExaminersProper NoticeMinute OrderFinal OrderStatutory TimeDue ProcessShipleyState Farm
References
7
Case No. ADJ9195822
Regular
Oct 09, 2017

BOBBY LEWIS vs. HENDRICKSON TRUCKING, NATIONAL INTERSTATE INSURANCE

This case involves a lien claimant, Labs for Physicians & Surgeons, seeking reconsideration of their lien's dismissal by operation of law. The claimant argued their filings were timely. However, the claimant and defendant later reached a stipulation to resolve the lien. The Appeals Board granted the claimant's request to withdraw their petition for reconsideration. The matter is now remanded to the trial level for review and action on the parties' stipulation.

Labor Code section 4903.05(c)Petition for ReconsiderationDismissal of lien by operation of lawNotice and Request for Allowance of LienSupplemental Lien FormSection 4903.05(c) Declarationfiling deadlineStipulationWCJAppeals Board
References
0
Case No. ADJ426447 (RDG 0129495)
Regular
Jul 16, 2010

Shane Guest vs. Barrett Business Services

The Appeals Board dismissed the applicant's petition for reconsideration as he was not aggrieved by a final order. The applicant sought to set aside a settlement concerning the Employment Development Department's (EDD) lien, arguing it was made in error. However, the Board found that the WCJ had not yet made a final determination on the EDD lien, which is a prerequisite for the Board to have jurisdiction to approve or disapprove such a settlement. Therefore, the matter is returned to the trial level for a final determination of the EDD's lien.

WCABPetition for ReconsiderationDismissalEDD LienTrial LevelFinal DeterminationTemporary DisabilityEmployment Development DepartmentStipulationDeferred Lien
References
1
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