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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. ADJ12788878
Regular
Dec 10, 2020

MARIO LUPERCIO PEREZ vs. ARMANDO CHAN dba CHAN DRAINAGE, MARKEL INSURANCE CO.

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration because it was filed as a removal petition challenging interlocutory issues. Although the WCJ's decision contained a final threshold finding of injury AOE/COE, the defendant only disputed the specialty of a QME and the timeliness of an objection, which are interlocutory. The Board found no significant prejudice or irreparable harm to justify removal, and that reconsideration would be an adequate remedy later if a final adverse decision issues.

Workers' Compensation Appeals BoardPetition for ReconsiderationThreshold IssueInterlocutory IssueInjury AOE/COEQualified Medical Evaluator (QME)Treating Physician ReportRemoval StandardSignificant PrejudiceIrreparable Harm
References
Case No. ADJ8770457
Regular
Apr 21, 2015

NICK IVANOFF vs. VIRONEX, BARRETT BUSINESS SERVICES, INC.

The Workers' Compensation Appeals Board (WCAB) dismissed Nick Ivanoff's Petition for Reconsideration. The WCAB found that a petition for reconsideration can only be filed from a "final" order, decision, or award, which must determine substantive rights or liabilities, or a fundamental threshold issue. The Judge's decision in this case was deemed an interlocutory procedural or evidentiary decision, not a final one. Therefore, the petition was dismissed as it was improperly filed.

Petition for ReconsiderationNon-final OrderFinal OrderSubstantive RightLiabilityThreshold IssueInterlocutory DecisionProcedural DecisionEvidentiary DecisionWorkers' Compensation Appeals Board
References
Case No. ADJ10204171
Regular
Oct 13, 2016

BEATRIZ AGUILAR vs. HEALTHCARE SERVICES GROUP AND NEW HAMPSHIRE INSURANCE COMPANY, LTD adjusted by GALLAGHER BASSETT SERVICES INC.

The Workers' Compensation Appeals Board dismissed the Petition for Reconsideration because it was not taken from a final order, but rather from an interlocutory procedural or evidentiary decision. The Board also denied the Petition for Removal, finding no substantial prejudice or irreparable harm, nor that reconsideration would be an inadequate remedy. The WCJ's report, incorporated by reference, provided the basis for both decisions. Therefore, the applicant's requests were rejected.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFinal OrderSubstantive RightThreshold IssueInterlocutory DecisionProcedural DecisionEvidentiary DecisionExtraordinary Remedy
References
Case No. ADJ210156
Regular

CIRILO PEREZ, CIRILO PEREZ-GARCIA vs. VOLT INFORMATION SCIENCES, SPECIALTY RISK SERVICES

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration because it was filed from an interlocutory order, not a final decision that determined substantive rights or liabilities. The Board also denied the petition for removal, finding no showing of substantial prejudice or irreparable harm. The decision adopted and incorporated by reference the Workers' Compensation Judge's Report and Recommendation. Therefore, the petition was dismissed and removal was denied.

Petition for ReconsiderationFinal OrderSubstantive RightLiabilityInterlocutory DecisionProcedural DecisionEvidentiary DecisionPetition for RemovalSubstantial PrejudiceIrreparable Harm
References
Case No. ADJ7087613
Regular
Jul 12, 2013

CLORIA HERNANDEZ vs. GOGLONIAN BAKERIES, ZURICH

This case involves a lien claimant's petition for reconsideration of a workers' compensation decision. The Workers' Compensation Appeals Board (WCAB) dismissed the petition because it was filed from an interlocutory procedural decision, not a final order. Under Labor Code section 5900(a), reconsideration is only permitted for final orders that determine substantive rights or liabilities. Since the WCJ's Notice of Intent to Dismiss Lien was not a final dismissal, there was no appealable order, thus warranting dismissal of the petition.

WCABPetition for ReconsiderationLien ClaimantFinal OrderLabor Code Section 5900(a)Interlocutory DecisionNotice of Intent to DismissProfessional Translation ServicesDismissalSubstantive Right
References
Case No. ADJ7632202, ADJ7632184
Regular
Apr 13, 2015

TAYDE CHAPARRO vs. TALBOTS, INC, TRAVELERS INSURANCE

The Workers' Compensation Appeals Board dismissed Tayde Chaparro's Petition for Reconsideration. The Board found that the petition sought reconsideration of a non-final, interlocutory order, not a final decision that determines substantive rights, liabilities, or threshold issues. Therefore, as the order was not final, the petition was procedurally improper and dismissed.

Petition for ReconsiderationNon-final orderFinal orderSubstantive rightLiabilityThreshold issueInterlocutoryProcedural decisionEvidentiary decisionWCJ decision
References
Case No. ADJ8881436, ADJ8881437, ADJ8881438
Regular
Feb 14, 2017

MOIRA DUFFY vs. SAN FRANCISCO UNIFIED SCHOOL DISTRICT, ATHENS ADMINISTRATORS

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration because it was untimely filed. The applicant also had their Petition for Removal denied, as they failed to demonstrate substantial prejudice or irreparable harm, and reconsideration remains an adequate remedy. The WCJ's decision was deemed an interlocutory procedural order, not a final determination of substantive rights or liabilities. Therefore, the WCAB found no grounds to grant either request.

WCABPetition for ReconsiderationPetition for Removaltimely filingnon-final decisionfinal ordersubstantive rightthreshold issueinterlocutoryprocedural decisions
References
Case No. ADJ11144491
Regular
Nov 19, 2018

RALPH CONWAY vs. COUNTY OF SANTA CLARA/ PARKS AND RECREATION

This case involves a petition for reconsideration of a workers' compensation decision. The Appeals Board dismissed the petition because it was filed from an interlocutory procedural order, specifically the denial of a replacement QME. Such orders are not considered "final" as they do not determine substantive rights or liabilities. The Board also noted that the petition did not demonstrate substantial prejudice or irreparable harm, even if considered for removal.

Workers' Compensation Appeals BoardPetition for ReconsiderationFinal OrderSubstantive RightLiabilityThreshold IssueInterlocutory DecisionProcedural DecisionEvidentiary DecisionQualified Medical Examiner
References
Case No. ADJ4221124
Regular
Feb 23, 2012

THOMAS OLSON (DEC'D) vs. CITY OF VACAVILLE

The Workers' Compensation Appeals Board (WCAB) dismissed the petition for reconsideration because it was not taken from a "final" order that determined a substantive right or liability. Interlocutory procedural or evidentiary decisions are not considered final. The WCAB also denied the petition for removal, adopting the judge's reasoning that the petitioner failed to demonstrate substantial prejudice or irreparable harm. Consequently, the petition for reconsideration was dismissed and removal was denied.

Petition for ReconsiderationDismissedRemoval DeniedFinal OrderSubstantive RightInterlocutory DecisionProcedural DecisionEvidentiary DecisionPre-trial OrderSubstantial Prejudice
References
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