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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. ADJ6680842
Regular
Jan 31, 2013

BRUNO VARGAS vs. SELECT BUILD INTEGRATED CONSTRUCTION SERVICES, GALLAGHER BASSETT

This case involves Applicant Bruno Vargas and Defendants Select Build Integrated Construction Services and Gallagher Bassett. The Workers' Compensation Appeals Board granted reconsideration of a previous WCJ decision. The Board rescinded that decision and returned the matter to the trial level for further proceedings and a new decision by the WCJ. This order is not a final decision on the merits of the case.

WCABReconsiderationRescindedFurther ProceedingsWCJ DecisionAdministrative Law JudgeApplicantDefendantsIntegrated Construction ServicesGallagher Bassett
References
Case No. LAO 0824629
Regular
Aug 16, 2007

R. MARTINEZ vs. HILTON HOTEL, SPECIALTY RISK SERVICES

The Workers' Compensation Appeals Board granted the applicant's petition for removal, rescinding an earlier order that had taken the case off calendar over the applicant's objection. The Board agreed that the case should have proceeded to trial, as the defendant improperly filed a Declaration of Readiness to Proceed while proceedings were suspended. The matters are now returned to the trial level for rescheduling, with the issue of defense witnesses deferred to the trial judge.

RemovalPetition for RemovalDeclaration of Readiness to ProceedDiscoveryWitnessesOrder Suspending ProceedingsRescindedTrial LevelWCJWorkers' Compensation Appeals Board
References
Case No. ANA 378955ANA 378954
Regular
Feb 25, 2008

CHRISTOPHER WAX vs. COUNTY OF ORANGE; SHERIFF'S DEPARTMENT, Permissibly Self-Insured, Administered by CAMBRIDGE INTEGRATED SERVICES, INC.

This case involves petitions for reconsideration by lien claimants Mark Jones, D.C. and Blue Cross regarding a prior order that allowed one lien and disallowed another. The Workers' Compensation Appeals Board granted the petitions, rescinded the previous order, and returned the matter to the trial level for further proceedings and a new decision due to an inadequate evidentiary record and procedural issues concerning Blue Cross's notice of trial. The Board also noted concerns about the organization of the file.

Workers' Compensation Appeals BoardLien claimantPetition for ReconsiderationJoint Findings of Fact and OrderWorkers' Compensation Administrative Law Judge (WCJ)CascadingStatutory IncreasesUntimely PaymentNotice of TrialDue Process
References
Case No. ADJ3863284 (OXN 0147713)
Regular
May 13, 2013

ISAIAS ORTIZ vs. WATERWAY PLASTICS, SAFETY NATIONAL INSURANCE

This case involves two lien claimants whose liens were dismissed for failing to pay an activation fee prior to trial. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, finding that Labor Code section 4903.06 only requires proof of payment of the fee at a "lien conference," not a subsequent trial. Because the lien conference occurred in 2012 and the trial in 2013, the lien claimants were not required to pay the fee prior to trial. The WCAB rescinded the dismissal orders and returned the matter for further proceedings.

Lien activation feeWCABPetition for ReconsiderationLien ConferenceLien TrialLabor Code section 4903.06Declaration of Readiness to ProceedDismissal with prejudiceRescind OrderReturn to trial level
References
Case No. ADJ9394433
Regular
Dec 04, 2017

JUAN MIGUEL GUTIERREZ GARCIA vs. JAMES AND SANDY HALL DBA GOOD GOODS, ALLSTATE INSURANCE COMPANY

This case involves a settlement proposed between the applicant and a lien claimant while the applicant's Petition for Reconsideration was pending before the Appeals Board. The Board granted reconsideration, rescinded the prior WCJ decision, and returned the case to the trial level. This action allows the WCJ to review the proposed settlement. The Board's order is not a final decision on the merits of the underlying issues.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ClaimantSettlementSupplemental Order Approving Compromise and ReleaseFindings of FactWorkers' Compensation Administrative Law JudgeTrial LevelRescindedReturned to Trial Level
References
Case No. ADJ559742 (LAO 0886579) ADJ2524675 (LAO 0886580)
Regular
Oct 18, 2010

Maureen Simmons vs. TELEPACIFIC COMMUNICATIONS, HARTFORD WORK COMP PROGRAM, GALLAGHER BASSETT SERVICES

The Appeals Board dismissed the applicant's untimely petition for reconsideration of the WCJ's August 19, 2010 Findings and Orders denying benefits. However, the Board granted reconsideration on its own motion due to the applicant's inability to attend trial approximately 400 miles from her home and her claim that her attorney failed to inform the court. The Board rescinded the WCJ's decision and returned the matter for further proceedings, also noting the applicant's request for a change of venue due to hardship.

Workers' Compensation Appeals BoardTelepacific CommunicationsHartford Work Comp ProgramGallagher Bassett ServicesPetition for ReconsiderationDismissing PetitionGranting ReconsiderationDecision After ReconsiderationFindings and OrdersAdministrative Law Judge
References
Case No. ADJ2681583 (MON 0239411)
Regular
May 01, 2012

GUILLERMINA GONZALEZ vs. SOUTHERN CALIFORNIA JOBBERS, CALIFORNIA INSURANCE GUARANTEE (CIGA) by BROADSPIRE, for CALIFORNIA COMPENSATION INSURANCE, in liquidation

In *Gonzalez v. Southern California Jobbers*, the Workers' Compensation Appeals Board granted reconsideration of the WCJ's decision. The Board rescinded the prior decision and returned the matter to the trial level for further proceedings and a new decision. This order signifies the matter is not yet finalized on its merits.

Reconsideration OrderRescindedFurther ProceedingsWorkers' Compensation Appeals BoardWCJCalifornia Insurance Guarantee AssociationCIGABroadspireLiquidationSouthern California Jobbers
References
Case No. ADJ3943133 (SAC 0365154)
Regular
Nov 26, 2013

JACOB CARLSON vs. CUSTOM BILT METALS, NATIONAL UNION FIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of the WCJ's decision in Carlson v. Custom Bilt Metals. This action was taken because the parties advised the WCAB that the matter had been settled. Consequently, the WCAB rescinded the previous decision and returned the case to the trial level for further proceedings and a new decision by the WCJ, contingent on the settlement's approval. If the settlement is not approved, the original decision may be reinstated.

WCABPetition for ReconsiderationGranting ReconsiderationRescind DecisionTrial LevelSettlement ApprovalWCJ DecisionReturn to TrialFurther ProceedingsAdministrative Law Judge
References
Case No. ADJ6814430; ADJ6816290
Regular
Jun 13, 2013

JOSEFINA GARCIA vs. LIZ CLAIBORNE, BROADSPIRE

The Appeals Board granted the defendant's Petition for Removal to rescind the WCJ's order taking the case off calendar. Despite the applicant's claims, medical evaluators, including an AME and QMEs, have deemed her condition permanent and stationary. The Board found no reason to delay disposition, stating that any disagreement on the permanent and stationary date can be addressed at trial. The case is returned to the trial level for further proceedings, including a new MSC and potential trial if settlement is not reached.

Petition for RemovalWorkers' Compensation Appeals BoardAgreed Medical EvaluatorQualified Medical EvaluatorPermanent and StationaryDeclaration of Readiness to ProceedMotion for ContinuanceDiscoveryTrial Setting ConferenceIndustrial Injury
References
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