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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. ADJ 1153404
Regular
Sep 04, 2008

Barbara Clark vs. SAN JOAQUIN COMMUNITY HOSPITAL, ADVENTIST HEALTH SYSTEM

Applicant's petition for reconsideration is dismissed as untimely. Reconsideration is granted for Dr. Tepper's petition, with his deposition fee set at $250/hour, allowing him to contest the fee afterward under Labor Code section 5307.6(c).

Workers' Compensation Appeals BoardReconsiderationDismissing ReconsiderationGranting ReconsiderationDecision After ReconsiderationPetition for ReconsiderationFindings and AwardLabor Code section 5903(b)FraudDiscovery Orders
References
Case No. ADJ6793843
Regular
Jan 24, 2012

CHRIS WHITE vs. B & B MOTORS, PACIFIC COMPENSATION INSURANCE COMPANY

The Appeals Board vacated its prior order granting reconsideration, dismissing the lien claimant's petition. The Board found reconsideration was improvidently granted as the lien claimant sought to reconsider a nonexistent order of dismissal. Reconsideration is only permissible for final orders, and the WCJ's comments did not constitute a final order. The lien claimant will be able to seek reconsideration after a final dismissal order is issued.

Lien claimantPetition for ReconsiderationDismissalIndustrial injuryCalendaring errorCalifornia Code of Procedure section 473Notice of Intention to Dismiss LienFinal orderDecision After ReconsiderationOpinion and Order Granting Petition for Reconsideration
References
Case No. ADJ14497155; ADJ14497152
Regular
Oct 29, 2025

LAURA TORRES vs. R.A. PHILLIPS INDUSTRIES INC.; EVEREST NATIONAL INSURANCE COMPANY

A Workers' Compensation Administrative Law Judge (WCJ) initially found no injury in one case, leading the applicant to seek reconsideration. Despite the Appeals Board granting reconsideration, the WCJ later approved a compromise and release in related cases while the matter was still pending with the Board, without proper notification. The Appeals Board found this action contravened WCAB Rule 10961, as the WCJ lacked authority. While allowing the compromise and release to stand, the Board vacated its prior order granting reconsideration and dismissed the applicant's petition as moot.

WCABPetition for ReconsiderationWCJCompromise and ReleaseWCAB Rule 10961Findings of FactOpinion and Order Granting ReconsiderationDecision After ReconsiderationVacatedDismissed
References
Case No. ADJ7781989; ADJ8262771
Regular
Oct 03, 2013

MIRIAN GARCIA vs. COOPER COLD FOODS, INC., ILLINOIS MIDWEST INSURANCE AGENCY as administrator for STAR INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) is granting reconsideration of its own prior decision and rescinding a July 23, 2013 decision that had overturned a prior finding of 2% permanent disability for applicant's right knee injury. The WCAB determined that its August 9, 2012 order granting reconsideration was improvidently granted because the applicant had already filed a successive and improper petition for reconsideration. Consequently, the prior order and the subsequent rescinded decision are vacated, and the applicant's petition for reconsideration is dismissed.

WCABReconsiderationPetition for ReconsiderationFindings and AwardAdministrative Law JudgePermanent DisabilityIndustrial InjurySuccessive PetitionImprovidently GrantedVacated
References
Case No. SAC 342547
Regular
Jun 06, 2008

CLIFFORD J. FARIA vs. BEST BUY COMPANY, ACE AMERICAN INSURANCE COMPANY

The Appeals Board granted reconsideration and rescinded the prior order, returning the case to the trial level for further proceedings. This decision addresses disputes regarding the applicant's right to change treating physicians, the defendant's Medical Provider Network (MPN) obligations, and the calculation of the applicant's average weekly earnings. The Board requires further development of the record on these key issues.

Workers' Compensation Appeals BoardBest Buy CompanyAce American Insurance CompanyClifford FariaOpinion and Order Granting ReconsiderationDecision After ReconsiderationAdministrative Law Judge (WCJ)Treating PhysicianMedical Provider Network (MPN)Temporary Disability Indemnity
References
Case No. ADJ14143015
Regular
Apr 18, 2023

MARK FLORES vs. ATHENA ENGINEERING, OAK RIVER INSURANCE COMPANY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Workers' Compensation Appeals Board (WCAB) vacated its previous order granting reconsideration of a December 27, 2021 decision. This action was taken because the petitioner withdrew their Petition for Reconsideration. Consequently, the WCAB dismissed the petition. The WCAB's order granting reconsideration is now nullified.

Workers' Compensation Appeals BoardReconsiderationVacatedDismissedPetition for ReconsiderationAdjudication NumberDecision After Reconsideration
References
Case No. ADJ4139709
Regular
Jan 14, 2010

JORGE HERRERA vs. ROMANO'S MACARONI GRILL, LIBERTY MUTUAL INSURANCE COMPANY

The Applicant filed a petition for reconsideration from a non-final Notice of Intention to Dismiss, which is procedurally improper. Simultaneously, a different judge approved a Compromise and Release Agreement on the same day the petition was filed, an action beyond the judge's authority once the petition was pending. The Board dismissed the Applicant's petition for reconsideration and, on its own motion, granted reconsideration of the approved Compromise and Release. Consequently, the Order Approving Compromise and Release was vacated and the matter remanded for further consideration of the agreement.

Petition for ReconsiderationOrder of DismissalMandatory Settlement ConferenceCompromise and Release AgreementNotice of Intention to DismissWorkers' Compensation Appeals BoardWCJEAMSLabor CodeFinal Order
References
Case No. ADJ3853266
Regular
Sep 12, 2008

Duncan Grant vs. Contra Costa Fire Protection District, Contra Costa County Risk Management

The WCAB granted reconsideration and rescinded the July 1, 2008 Findings and Award, returning the matter for further proceedings to determine if the applicant's prostate cancer developed or manifested within 60 months of his last day of work.

WCABContra Costa Fire Protection DistrictDuncan GrantADJ3853266OAK 0318197ReconsiderationGranting ReconsiderationDecision After Reconsiderationindustrial cumulative traumaprostate cancer
References
Case No. ADJ3346924
Regular
Oct 02, 2013

JORGE RAMIREZ vs. BOARD FORD, PACIFIC COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of the Administrative Law Judge's (ALJ) prior decision. The WCAB rescinded the ALJ's decision and remanded the case back to the trial level for further proceedings and a new decision. This action means the original decision is nullified, and the case will be re-evaluated by the ALJ. The parties retain the right to seek further reconsideration of any future ALJ ruling.

WORKERS' COMPENSATION APPEALS BOARDOPINION AND ORDER GRANTING RECONSIDERATIONDECISION AFTER RECONSIDERATIONPetition for Reconsiderationworkers' compensation administrative law judgeWCJgrant reconsiderationrescind WCJ's decisionfurther proceedingstrial level
References
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