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Case Law Database

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

Case No. ADJ3741093

Regular

Oct 18, 2012

MARTEL GRIMM vs. FEATHER RIVER INN, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed Martel Grimm's Petition for Reconsideration as untimely. The applicant failed to file the petition within the jurisdictional 20-day period prescribed by Labor Code section 5903, plus the additional 5 days for mailing. Consequently, the WCAB lacked the authority to consider the petition's merits. Even if timely, the WCAB would have denied the petition based on the administrative law judge's report.

Petition for ReconsiderationuntimelyjurisdictionaldismissLabor Code section 5903Code of Civil Procedure section 1013workers' compensation administrative law judgeWCJAppeals Boarduntimely petition

References

Case No. ADJ10306129

Regular

Dec 22, 2016

MICHAEL LAMBERT vs. STATE OF CALIFORNIA, DEPARTMENT OF FORESTRY REGION IV, STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES

The Workers' Compensation Appeals Board dismissed the petition for reconsideration filed by the State of California, Department of Forestry Region IV and State Compensation Insurance Fund. The Board found the petition was untimely as it was filed on October 24, 2016, three days after the jurisdictional deadline of October 21, 2016. This deadline was calculated based on the service of the original decision by mail on September 26, 2016. The Board reiterated that filing by mail is insufficient; the petition must be received by the Board within the statutory timeframe.

Workers' Compensation Appeals BoardPetition for Reconsiderationuntimelydismissalservice by mailjurisdictionalOpinion and Order Granting Petition for ReconsiderationDecision After Reconsiderationuntimely filingOctober 21

References

Case No. RIV 0069711

Regular

Apr 04, 2008

JUANA CASTANEDA vs. BRAWLEY BEEF, AMERICAN HOME ASSURANCE

The Workers' Compensation Appeals Board dismissed the lien claimant's petition for reconsideration because it was filed untimely. The lien claimant failed to object within the allowed ten days to the Notice of Intention to Dismiss Lien and then filed the petition for reconsideration 20 days after the statutory deadline. The Board found that the lien claimant did not adequately overcome the defendant's proof of service for a prior hearing notice.

Workers' Compensation Appeals BoardLien claimantPetition for ReconsiderationDismissalUntimely filingBoard Rule 10770Compromise and ReleaseLabor Code section 5903JurisdictionProof of Service

References

Case No. ADJ896085

Regular

Nov 07, 2014

VALERIO FLORES vs. HVOLVOLL-JOHNSON CONSTRUCTION, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for FREMONT INDEMNITY COMPANY

This case involves a workers' compensation applicant seeking authorization for analgesic medications. The applicant's physician submitted requests, which the employer's utilization reviews (URs) denied as untimely. The Administrative Law Judge found the URs untimely and ordered authorization, disallowing the employer's UR denial documents as evidence. The employer sought reconsideration, arguing the Appeals Board lacked authority over UR timeliness and medical necessity. The Board affirmed the ALJ's decision, citing precedent that the Board retains authority over untimely URs and can determine medical necessity based on evidence when URs are invalid. The employer waived their right to challenge the timeliness finding or the medical evidence by not raising these points in their petition.

Workers' Compensation Appeals BoardUtilization ReviewRequest For AuthorizationUntimelyIndependent Medical ReviewMedical NecessityFindings And AwardPetition For ReconsiderationEn Banc DecisionDubon v. World Restoration

References

Case No. ADJ2219612 (LBO 0392747)

Regular

Dec 20, 2013

JUAN RUIZ vs. WAKEFIELD ENGINEERING/LOCKHART INDUSTRIES, THE HARTFORD

This case involved a petition for reconsideration filed by a lien claimant that was dismissed by the Workers' Compensation Appeals Board. The Board found the petition untimely because it was not filed within the statutory 20-day period plus 5 days for mailing. Consequently, the Board lacked jurisdiction to consider the merits of the petition. The petition was therefore dismissed as untimely.

Petition for ReconsiderationDismissalUntimelyJurisdictionLabor Code section 5903Code of Civil Procedure section 1013Administrative Law JudgeWCJLien ClaimantWakefield Engineering

References

Case No. ADJ10765665

Regular

Mar 28, 2019

ASHLEY CAMP vs. MARMALADE ENTERPRISES, LLC, Permissibly Self-Insured, CRMBC

The Workers' Compensation Appeals Board (WCAB) dismissed Ashley Camp's Petition for Reconsideration as untimely. The petition was filed on February 12, 2019, which was more than the 25-day deadline after the WCJ's January 14, 2019 decision. The WCAB clarified that filing a petition means its receipt by the Board, not just mailing. Untimely petitions are jurisdictional and cannot be considered.

Petition for ReconsiderationUntimelyDismissedJurisdictionalWCJ DecisionMailing vs. Filing25-day limitLabor CodeCal. Code Regs.Appeals Board

References

Case No. ADJ8975403, ADJ8975401

Regular

Feb 29, 2016

LEOPOLDO SIMENTAL LOPEZ vs. ELYJRS PUMPING AND SEPTIC SYSTEM, CALIFORNIA INSURANCE COMPANY, APPLIED RISK

The Workers' Compensation Appeals Board (WCAB) dismissed Leopoldo Simental Lopez's petition for reconsideration. The dismissal was based on the petition being untimely filed, exceeding the jurisdictional 25-day deadline after the WCJ's decision. The WCAB clarified that filing means actual receipt by the board, not just mailing. Therefore, the board lacked authority to consider the untimely petition.

WORKERS' COMPENSATION APPEALS BOARDPetition for Reconsiderationuntimelydismissedfiling deadlineservice by mailjurisdictional time limitWCJ decisionAppeals Board authorityCal. Code Regs.

References

Case No. ADJ7104281

Regular

Aug 27, 2012

LUIS GUERRERO OCHOA vs. EPLICA CORPORATE SERVICES, INC., NATIONAL UNION FIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed a Petition for Reconsideration because it was filed more than 25 days after the Order of June 11, 2012, violating the 20-day statutory deadline plus 5 days for mailing. Therefore, the petition was untimely. Even if it had been timely, the Board would have denied it on the merits, adopting the reasoning of the administrative law judge. The petition is dismissed as untimely.

Workers' Compensation Appeals BoardPetition for Reconsiderationuntimelyadministrative law judgeReport and RecommendationLabor Code section 5903Code of Civil Procedure section 1013lien claimantdismissaldenied on the merits

References

Case No. ADJ10059317

Regular

May 25, 2017

APPILANT vs. ROSS STORES, INC., ARCH INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed the Applicant's Petition for Reconsideration. The petition was deemed untimely because it was filed over 25 days after the WCJ's decision, exceeding the statutory deadline. Filing must be within the allowed time, and proof of mailing is insufficient if the petition is not received by the WCAB within that period. As the petition was untimely, the WCAB lacked jurisdiction to consider its merits.

Petition for ReconsiderationUntimelyDismissalLabor CodeCal. Code Regs.WCABJurisdictionalAppeals BoardAdministrative Law JudgeService by Mail

References

Case No. ADJ7658995

Regular

Jul 24, 2013

MARIA AVALOS vs. CUSTOMLINE SCREENPRINTING, INSURANCE COMPANY OF THE WEST

This case involves a Petition for Reconsideration filed by a lien claimant. The Workers' Compensation Appeals Board dismissed the petition as untimely. The Board adopted the administrative law judge's report, which found the petition was filed more than 25 days after the November 15, 2012 Order of Sanctions. The hearing representative for the petitioner was personally served with the sanction orders, making the petition untimely.

Petition for ReconsiderationUntimelyDismissalAdministrative Law JudgeLabor CodeCode of Civil ProcedureHearing RepresentativeSanctionsWorkers' Compensation Appeals Board

References

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Updated Daily

Case Law Database

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

Case No. ADJ3741093

Regular

Oct 18, 2012

MARTEL GRIMM vs. FEATHER RIVER INN, STATE COMPENSATION INSURANCE FUND

Petition for ReconsiderationuntimelyjurisdictionaldismissLabor Code section 5903Code of Civil Procedure section 1013workers' compensation administrative law judgeWCJAppeals Boarduntimely petition

References

Case No. ADJ10306129

Regular

Dec 22, 2016

MICHAEL LAMBERT vs. STATE OF CALIFORNIA, DEPARTMENT OF FORESTRY REGION IV, STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES

References

Case No. RIV 0069711

Regular

Apr 04, 2008

JUANA CASTANEDA vs. BRAWLEY BEEF, AMERICAN HOME ASSURANCE

Workers' Compensation Appeals BoardLien claimantPetition for ReconsiderationDismissalUntimely filingBoard Rule 10770Compromise and ReleaseLabor Code section 5903JurisdictionProof of Service

References

Case No. ADJ896085

Regular

Nov 07, 2014

VALERIO FLORES vs. HVOLVOLL-JOHNSON CONSTRUCTION, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for FREMONT INDEMNITY COMPANY

References

Case No. ADJ2219612 (LBO 0392747)

Regular

Dec 20, 2013

JUAN RUIZ vs. WAKEFIELD ENGINEERING/LOCKHART INDUSTRIES, THE HARTFORD

Petition for ReconsiderationDismissalUntimelyJurisdictionLabor Code section 5903Code of Civil Procedure section 1013Administrative Law JudgeWCJLien ClaimantWakefield Engineering

References

Case No. ADJ10765665

Regular

Mar 28, 2019

ASHLEY CAMP vs. MARMALADE ENTERPRISES, LLC, Permissibly Self-Insured, CRMBC

Petition for ReconsiderationUntimelyDismissedJurisdictionalWCJ DecisionMailing vs. Filing25-day limitLabor CodeCal. Code Regs.Appeals Board

References

Case No. ADJ8975403, ADJ8975401

Regular

Feb 29, 2016

LEOPOLDO SIMENTAL LOPEZ vs. ELYJRS PUMPING AND SEPTIC SYSTEM, CALIFORNIA INSURANCE COMPANY, APPLIED RISK

WORKERS' COMPENSATION APPEALS BOARDPetition for Reconsiderationuntimelydismissedfiling deadlineservice by mailjurisdictional time limitWCJ decisionAppeals Board authorityCal. Code Regs.

References

Case No. ADJ7104281

Regular

Aug 27, 2012

LUIS GUERRERO OCHOA vs. EPLICA CORPORATE SERVICES, INC., NATIONAL UNION FIRE INSURANCE COMPANY

References

Case No. ADJ10059317

Regular

May 25, 2017

APPILANT vs. ROSS STORES, INC., ARCH INSURANCE COMPANY

Petition for ReconsiderationUntimelyDismissalLabor CodeCal. Code Regs.WCABJurisdictionalAppeals BoardAdministrative Law JudgeService by Mail

References

Case No. ADJ7658995

Regular

Jul 24, 2013

MARIA AVALOS vs. CUSTOMLINE SCREENPRINTING, INSURANCE COMPANY OF THE WEST

Petition for ReconsiderationUntimelyDismissalAdministrative Law JudgeLabor CodeCode of Civil ProcedureHearing RepresentativeSanctionsWorkers' Compensation Appeals Board

References

Showing 1-10 of 1,473 results

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