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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. ADJ20165742
Regular
Jul 18, 2025

DEBRA SILVEIRA vs. FEDEX GROUND PACKAGE SYSTEM, INCORPORATED

Applicant Debra Silveira sought reconsideration of an April 29, 2025 Findings of Fact and Order, which deemed a Qualified Medical Evaluator (QME) panel valid despite being requested by defendant FedEx Ground Package System, Incorporated, with an incorrect claim number. The Appeals Board granted the petition, rescinded the prior decision, and substituted new findings. The Board ruled that strict compliance with Administrative Director Rule 30 regarding complete and correct claim numbers for QME panel requests is required to ensure due process and prevent conflicting or overlapping panels. Consequently, the defendant's panel (7773036) was deemed invalid, and the applicant's panel (7775940) was declared valid.

QME panel validityincorrect claim numberAD Rule 30due processadministrative law judgePetition for Reconsiderationremoval standardDWC Medical Unitprocedural defectinadvertent error
References
Case No. ADJ8205468 ADJ8393473
Regular
Sep 16, 2013

SHARO LEYVA vs. KIMCO STAFFING

The Workers' Compensation Appeals Board dismissed a Petition for Reconsideration by a lien claimant against Kimco Staffing. The dismissal was primarily based on the petition being untimely filed, exceeding the statutory 20-day limit plus 5 days for mailing. Additional grounds for dismissal included the petition's lack of verification, improper service, and failure to state valid grounds for reconsideration. Had these defects not existed, the petition would have been denied on the merits based on the administrative law judge's report.

Petition for ReconsiderationUntimelyDismissedLabor Code Section 5903Code of Civil Procedure Section 1013VerifiedProperly ServedGrounds for ReconsiderationMeritsWorkers' Compensation Appeals Board
References
Case No. ADJ2041939 (SBR 0340035)
Regular
Dec 14, 2016

Carlos Garcia vs. Department of Transportation, State Compensation Insurance Fund

This case concerns petitions for reconsideration of three dismissed medical liens filed by Pinnacle Lien Services (PLS) on behalf of three doctors. PLS failed to appear at a lien conference and did not respond to Notices of Intent to Dismiss. The WCAB denied reconsideration, finding PLS provided insufficient justification for its failures to appear and respond, and that relief under CCP § 473 was not warranted due to lack of proper documentation and communication breakdowns. The Board emphasized the need for a substantial explanation for non-appearance and failure to respond to dismissal notices.

Workers' Compensation Appeals BoardOrders Dismissing LiensPetitions for ReconsiderationLien ConferenceNotices of Intent to DismissFailure to AppearExcusable NeglectCCP § 473Fox v. Workers' Comp. Appeals Bd.Discretionary Relief
References
Case No. ADJ8522912
Regular

CONNIE LOZANO vs. TRINO PACKING AND COOLING, INC., ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed Connie Lozano's petition for reconsideration. The dismissal was based on the petition being unverified and failing to state valid grounds for reconsideration as required by law. The WCAB also indicated that even if these procedural defects were absent, the petition would have been denied on its merits.

Petition for ReconsiderationUnverified PetitionGrounds for ReconsiderationWCJ Report and RecommendationDismissalWorkers' Compensation Appeals BoardLab. Code § 5902Cal. Code Regs. tit. 8§ 10842Cal. Code Regs. tit. 8
References
Case No. ADJ6956331
Regular
Jul 25, 2014

EDWARD GUERRERO vs. CONNECT TELEVISION, ALASKA NATIONAL INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed Edward Guerrero's Petition for Reconsideration against Connect Television and Alaska National Insurance Company. The dismissal was based on the petition being untimely filed. Furthermore, the Board adopted the administrative law judge's report, which found the petition failed to state valid grounds for reconsideration.

Petition for ReconsiderationDismissedUntimelyGrounds for ReconsiderationWorkers' Compensation Appeals BoardAdministrative Law JudgeReport and RecommendationAdopt and IncorporateLaughlin Falbo Levy & MoresiADJ6956331
References
Case No. ADJ608253 (ANA 0404124)
Regular
Mar 09, 2009

JAIME O. HERNANDEZ vs. ADVANTAGE GROUND TRANSPORTATION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board has granted the defendant's petition for reconsideration in the case of Jaime O. Hernandez versus Advantage Ground Transportation and State Compensation Insurance Fund. This decision allows the Board more time to thoroughly review the factual and legal issues presented. The reconsideration is necessary to ensure a complete understanding of the record for a just and reasoned final decision. Pending further proceedings, all communications should be directed to the Board's P.O. Box in San Francisco.

Petition for ReconsiderationWorkers' Compensation Appeals BoardAdvantage Ground TransportationState Compensation Insurance FundStatutory time constraintsFactual and legal issuesDecision After ReconsiderationFurther proceedingsService by mail
References
Case No. ADJ1608897
Regular
Feb 05, 2015

XIOMARA ROMERO vs. WENDY'S RESTAURANT, FARMERS INSURANCE COMPANY

This case involves a Petition for Reconsideration filed by an applicant against Wendy's Restaurant and Farmers Insurance Company. The Workers' Compensation Appeals Board reviewed the petition and the administrative law judge's report. The Board dismissed the petition for reconsideration because it failed to state valid grounds. Therefore, the petition is officially dismissed by order of the Board.

Petition for ReconsiderationDismissalReport and RecommendationAdministrative Law JudgeWorkers' Compensation Appeals BoardWendy's RestaurantFarmers Insurance CompanyFailure to State Grounds
References
Case No. ADJ8868867
Regular
Aug 26, 2014

MELVIN HANDY vs. CPC LOGISTICS, ACE AMERICAN INSURANCE

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Reconsideration. The dismissal was based on the petition being unverified, failing to state valid grounds for reconsideration, and lacking proper service on the defendant. Had these procedural defects not led to dismissal, the Board would have denied the petition on its merits, adopting the reasoning of the workers' compensation administrative law judge's report.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalUnverified PetitionFailure to State GroundsService FailureLab. Code § 5905Report and RecommendationWorkers' Compensation Administrative Law JudgeCPC Logistics
References
Case No. SAL 0105778 SAL 0117376
Regular
Aug 08, 2008

JAVIER PACHECO vs. NORM QUADROS/CORDELL DAVID PLASTERING and STATE COMPENSATION INSURANCE FUND

This case affirms a prior award finding applicant's permanent disability at 18% and rated under the 2005 Permanent Disability Rating Schedule (PDRS). The Board rejected applicant's challenge to the PDRS's validity, deeming the issue waived as it wasn't raised at trial. Furthermore, the Board affirmed that it cannot rule on a statute's constitutionality without an appellate court ruling, and applicant provided no evidence to rebut the PDRS's presumptive validity.

2005 PDRSpetition for reconsiderationJoint Findings and Awardpermanent disabilityindustrial injuriesconstitutional argumentappellate court determinationAdministrative DirectorLabor Code section 4660en banc opinion
References
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