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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. 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 The WCAB rescinded the dismissal orders and returned the matter for further proceedings.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. 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. 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. ADJ4100246 (LAO 0801805)
Regular
Aug 19, 2011

VALERIE AYERS vs. LOS ANGELES DEPARTMENT OF WATER AND POWER, Permissibly Self-Insured

The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior decision, and returned the case to the trial level for further proceedings. This action allows for Dr. Reynolds, the Agreed Medical Evaluator, to review additional evidence including trial testimony and air quality reports. Dr. Reynolds will issue a supplemental report, followed by a deposition and submission of previous reports into evidence.

Workers' Compensation Appeals BoardAgreed Medical EvaluatorIndustrial HygienistAir QualitySupplemental ReportTrial TestimonyDepositionReconsiderationRescinded DecisionFurther Proceedings
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. ADJ2889040
Regular
Aug 04, 2009

Rodrigo Ramirez vs. The Ebel Operating Company, State Compensation Insurance Fund

This case involves lien claimant Dr. Moussa Moshfegh, who sought reconsideration after his lien was dismissed for failure to appear at trial. The Board granted reconsideration, rescinded the dismissal, and returned the matter for further proceedings. This action was based on the Judge's acknowledgment that the lien claimant filed a timely objection and that a trial on the merits is generally favored. The decision is not a final ruling on the lien's validity.

Workers' Compensation Appeals BoardLien claimantReconsiderationOrder to Dismiss LienNotice of Intention to Dismiss LienTimely ObjectionLien TrialAdministrative Law JudgeFurther ProceedingsDecision After Reconsideration
References
Case No. ADJ8497883
Regular
Jan 27, 2014

ANGEL ROBLES vs. UKANI ENTERPRISES INC. \& MIRMAR ENTERPRISES INC.; THE HANOVER INSURANCE COMPANY

In this workers' compensation case, the defendant sought to remove an order that placed the matter off calendar, arguing discovery should have closed and the case proceed to trial. The Appeals Board denied the petition, explaining that the administrative law judge correctly took the case off calendar because a pretrial conference statement was not filed, a requirement for proceeding to trial after a mandatory settlement conference. The Board noted that discovery closes at the mandatory settlement conference, and if the case is not resolved at the next one, a pretrial statement must be filed, and the case will then be continued to trial.

Petition for RemovalWorkers' Compensation Appeals BoardMandatory Settlement ConferenceDiscovery ClosingPretrial Conference StatementLabor Code Section 5502(d)(3)Off Calendar OrderDeclaration of Readiness to ProceedAdministrative Law JudgePermanent Disability Rating
References
Case No. ADJ7549203
Regular
Feb 22, 2018

RONALD WILSON vs. AEROTEK COMMERCIAL STAFFING; As Administered By ESIS CHATSWORTH

The Workers' Compensation Appeals Board (WCAB) granted the defendant's Petition for Removal. The WCAB rescinded the previous order that denied the defendant's motion to set a trial date. The case is now returned to the workers' compensation administrative law judge for further proceedings. This means the previous denial of the trial setting motion is nullified.

Petition for RemovalDecision After RemovalWorkers' Compensation Appeals BoardWCJrescind ordermotion to set trial datereturn to trial leveladministrative law judgedefendant's motiondenial of motion
References
Case No. ADJ8565377; ADJ8565379 ADJ8550223
Regular
May 25, 2016

MELANI LOPEZ vs. EMPIRE TRANSPORTATION, INC., NATIONAL INTERSTATE INSURANCE

In this workers' compensation case, the defendant sought removal of a trial setting order due to the applicant's defective Declaration of Readiness to Proceed. The defendant argued the DOR failed to detail good faith dispute resolution efforts and improperly claimed all discovery was complete while raising discovery as an issue. The Appeals Board granted removal to limit the trial scope. Consequently, the trial is now exclusively focused on whether the applicant sustained a work-related injury, deferring all other issues.

Petition for RemovalDeclaration of Readiness to Proceed (DOR)defective DORgood faith effortsdiscoveryscope of trialinjury arising out of and occurring in the course of employmentdeferred issuestrial levelWCJ Report and Recommendation
References
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