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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. ADJ8183477
Regular
Jan 14, 2016

DOLORES MOSELEY vs. NOIA RESIDENTIAL SERVICES, INC., ICW GROUP/INSURANCE COMPANY OF THE WEST

The Workers' Compensation Appeals Board dismissed Dolores Moseley's petition for reconsideration. The petition was untimely as it sought reconsideration of an award made over a year prior to filing. Furthermore, the petition was unverified and lacked specificity regarding the issues and legal arguments. Finally, the orders Moseley sought to reconsider were either vacated or deemed non-final procedural decisions, rendering the petition moot.

Labor Code Section 132aPetition for ReconsiderationWorkers' Compensation Appeals BoardAdministrative Law JudgeOrder Dismissing PetitionOrder Vacating Trial DateStipulations with Request for AwardTimelinessJurisdictionalVerification
References
Case No. ADJ3393289 (LAO0594595)
Regular
Nov 05, 2010

BERNARD WILLIAM PONZI vs. LOS ANGELES MISSIONARY SOCIETY, FREMONT COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted the applicant's request to file a supplemental petition for reconsideration but dismissed the original petition. The original petition was untimely, unverified, and skeletal, failing to meet procedural requirements for seeking reconsideration of prior orders. As no final order has issued since September 8, 1997, the applicant was not deemed aggrieved by a final decision. The WCAB recommended the applicant contact the Information and Assistance Officer for case status inquiries.

Workers' Compensation Appeals BoardFindings and AwardLien OrderPetition for ReconsiderationSupplemental PetitionUntimely PetitionUnverified PetitionSkeletal PetitionAggrieved PartyLabor Code Section 5900
References
Case No. ADJ2948353 (SAL 0116403) ADJ803362 (SAL 0116404) ADJ2320380 (SAL 0116407)
Regular
May 04, 2009

BRIAN CARRASCO vs. CLARK PEST CONTROL, GALLAGHER BASSETT

The applicant filed a petition alleging bias by the WCJ based on 21 instances of alleged misconduct. The Workers' Compensation Appeals Board (WCAB) dismissed the petition for removal, finding it untimely and unverified, as the applicant did not claim to be aggrieved by the last order and the petition was filed beyond the 20-day limit. Furthermore, the Board denied the disqualification petition because it was not supported by a verified affidavit and the judge in question was not currently assigned to the cases for trial. These procedural deficiencies led to the dismissal of the removal petition and denial of the disqualification petition.

Petition for RemovalPetition for DisqualificationAdministrative Law JudgeWCJ Steven D. TuanBias AllegationsUntimely PetitionUnverified PetitionWCAB Rule 10843WCAB Rule 10452Labor Code Section 5310
References
Case No. ADJ10559387 (VNO 0423516)
Regular
Apr 13, 2020

DAVE ZADA vs. ALPRO MILL WORKING, LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) vacated its prior order granting reconsideration and dismissed the applicant's Petition for Reconsideration. The WCAB found the petition to be skeletal, lacking specific grounds, failure to cite the record, and crucially, it was not verified as required by Labor Code section 5902. No timely cure or explanation was provided for the unverified petition. The WCAB also noted that it would have denied the petition on the merits based on the WCJ's report had procedural defects not led to dismissal.

Petition for ReconsiderationSkeletal PetitionUnverified PetitionLabor Code § 5902Appeals Board RulesWCJ ReportVacating GrantDismissing PetitionVerification RequirementMaterial Evidence
References
Case No. ADJ1574286
Regular
Oct 23, 2013

JUTTA BENNETT vs. ANTELOPE VALLEY HOSPITAL, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for FRONTIER INSURANCE, in liquidation

The Workers' Compensation Appeals Board dismissed the California Physician Network's Petition for Reconsideration because it was not timely filed. The petition was first received by the Board on August 29, 2013, well past the August 9th deadline after the July 10th order dismissing the lien. Furthermore, the petition was unverified and failed to state any specific legal grounds for reconsideration as required by statute. The Board also noted that even if the merits were considered, the petition would have been denied due to its "skeletal" nature and lack of evidentiary support.

WORKERS' COMPENSATION APPEALS BOARDLien ClaimantLien conferenceNotice of Intent to Dismiss LienOrder Dismissing LienPetition for ReconsiderationElectronic Adjudication Management SystemEAMSLabor CodeTimely Filed
References
Case No. ADJ13901094
Regular
Jun 19, 2025

MONA MURILLO vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, INMATE CLAIMS, STATE COMPENSATION INSURANCE FUND

Applicant Mona Murillo filed a Petition for Reconsideration on March 20, 2025, challenging a December 13, 2024, Findings of Fact by a Workers' Compensation Administrative Law Judge (WCJ). The WCJ had found industrial injury to Murillo's facial bones and left knee, sustained while working for the California Department of Corrections, but also determined she could not collect permanent disability benefits while incarcerated. The Workers' Compensation Appeals Board reviewed the petition, defendant's answer, and the WCJ's Report and Recommendation. The Board determined that Murillo's Petition was both untimely, having been filed after the January 7, 2025, deadline, and unverified as required by Labor Code section 5902. Consequently, the Appeals Board dismissed the Petition for Reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of FactInmate LaborerIndustrial InjuryPermanent Disability BenefitsIncarcerationUntimely PetitionUnverified PetitionLabor Code Section 5909
References
Case No. ADJ6799286
Regular
Feb 08, 2013

OLEGARIO CHAVEZ vs. REINALDA FLORES GARCIA, FARMERS INSURANCE EXCHANGE

This Workers' Compensation Appeals Board (WCAB) case, ADJ6799286, involved a petition for reconsideration filed by Olegario Chavez. The WCAB dismissed Chavez's petition because it was both unverified and not timely filed. Even if the petition had been properly filed, the WCAB would have denied it on its merits, adopting the reasoning of the WCJ.

Petition for ReconsiderationDismissal OrderUnverified PetitionUntimely FilingWCJ ReportAdopted ReportDenied PetitionWorkers' Compensation Appeals BoardAdministrative Law JudgeLong Beach District Office
References
Case No. ADJ10190746 ADJ10190618
Regular
Aug 24, 2018

JOSE CARDENAS vs. A&M PROPERTIES, INSURANCE COMPANY OF THE WEST GROUP

In *Cardenas v. A&M Properties*, the Workers' Compensation Appeals Board (WCAB) dismissed a defendant's Petition for Removal. The WCAB found the petition deficient because it was unsigned and unverified, violating WCAB rules. Furthermore, the accompanying proof of service was also unsigned, which is a valid ground for summary dismissal. Consequently, the WCAB ordered the Petition for Removal dismissed.

Petition for RemovalWCAB Rule 10843(b)WCAB Rule 10450(e)WCAB Rule 10450(f)WCAB Rule 10850unsigned petitionunverified petitionproof of servicesummarily dismissingoff calendar
References
Case No. ADJ3755232
Regular
Jan 11, 2016

ABDUL AKHGAR aka AKHMADMIR ABDULMIR vs. MED-PHARMEX, INC., EVEREST NATIONAL INSURANCE COMPANY, AMERICAN CLAIMS MANAGEMENT

The applicant's Petition for Reconsideration and Removal was dismissed for multiple procedural defects. Specifically, the petition failed to identify the order being challenged, lacked grounds, supporting evidence, and legal citations. Furthermore, the petition was unverified and did not demonstrate irreparable harm or prejudice, rendering it skeletal and insufficient for either reconsideration or removal. The Board also reminded parties of their service and property disclosure duties.

Petition for ReconsiderationPetition for Removalskeletal petitionunverified petitionfinal ordersubstantive rightthreshold issueirreparable harmsubstantial prejudiceinterlocutory decision
References
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