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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. ADJ6627328
Regular
Aug 16, 2010

MANUEL ALEMAN vs. TOWER CLEANING SYSTEMS, INC., LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of an Order Approving Compromise & Release (OACR) due to potential procedural issues regarding the timeliness of the applicant's petition and the adequacy of the underlying settlement. The Board found the petition timely filed as service of the OACR was not properly documented. Furthermore, there were significant deficiencies in the medical evidence available to assess the OACR's adequacy, particularly concerning the applicant's claimed injuries to the psyche, neck, back, and neurological system. Consequently, the OACR was rescinded, and the case was returned to the trial level for further proceedings.

Order Approving Compromise & ReleasePetition for ReconsiderationWCABWCJDismissal of AttorneyTimelinessService of ProcessAdequacy of Compromise & ReleaseMedical ReportsEAMS
References
Case No. SDO 0336073
Regular
May 19, 2008

JACK T. GOSLIN vs. CITY OF AVALON

In *Goslin v. City of Avalon*, the Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration of a decision filed March 4, 2008. The WCAB determined that reconsideration was necessary to thoroughly review the factual and legal issues and ensure a just and reasoned decision. All future filings in this matter are to be directed to the WCAB's Reconsideration Unit in San Francisco.

Workers' Compensation Appeals BoardReconsiderationPetition for ReconsiderationDecision After Reconsiderationstatutory time constraintsfactual and legal issuesPermissibly Self-InsuredSDO 0336073Reconsideration UnitSan Francisco District Office
References
Case No. ADJ7433112
Regular
Mar 09, 2016

BYRON IRVING vs. JP MORGAN CHASE, administered by LIBERTY MUTUAL INSURANCE

This case involves a petition for reconsideration filed by the defendant, JP Morgan Chase, against a Workers' Compensation Appeals Board decision. The Board has granted reconsideration based on an initial review, deeming it necessary for a thorough understanding of the factual and legal issues. Further proceedings are anticipated to facilitate a just decision. All future correspondence regarding the petition must be filed directly with the Appeals Board, not district offices or e-filed, until a decision after reconsideration is issued.

Workers' Compensation Appeals BoardReconsiderationPetition for ReconsiderationOrder Granting ReconsiderationBYRON IRVINGJP MORGAN CHASELIBERTY MUTUAL INSURANCEADJ7433112Los Angeles District OfficeOpinion and Order
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. ADJ1709868 (OAK 0322846) ADJ3671153 (OAK 0322847)
Regular
Mar 20, 2012

JUAN GONZALEZ vs. WILLIAM MCCULLOCK, STATE COMPENSATION INSURANCE FUND

This case involves a defendant's petition for reconsideration of a prior Findings and Award and Opinion on Decision. The Workers' Compensation Appeals Board (WCAB) has granted this petition for reconsideration. The WCAB requires more time to thoroughly review the factual and legal issues to ensure a just and reasoned decision. Further proceedings may be determined to be appropriate.

Workers Compensation Appeals BoardReconsiderationFindings and AwardOpinion on DecisionPetition for ReconsiderationGranting ReconsiderationFactual IssuesLegal IssuesDecision After ReconsiderationOffice of the Commissioners
References
Case No. ADJ948816 (SFO 0499481) ADJ1273445 (SFO 0512742)
Regular
Nov 06, 2012

EDWIN SUAREZ vs. BARRETT BUSINESS SERVICES, INC.

This case involves a petition for reconsideration filed by defendant Barrett Business Services, Inc. regarding a prior decision. The Workers' Compensation Appeals Board (WCAB) has granted this petition. The WCAB determined that reconsideration is necessary to thoroughly review the factual and legal issues presented. This action will allow the Board to gain a complete understanding of the record and issue a just decision, potentially involving further proceedings.

Workers' Compensation Appeals BoardReconsiderationPetition for ReconsiderationGranting ReconsiderationPermissibly Self-InsuredBarrett Business ServicesEdwin SuarezAugust 16 2012Statutory time constraintsFactual and legal issues
References
Case No. ADJ11019336
Regular
Oct 30, 2019

ISAAC HERNANDEZ vs. RICARDO DELGADO FRESNO FLOORING, FARMERS WESTLAKE VILLAGE FARMERS INSURANCE EXCHANGE

In this workers' compensation matter, the Appeals Board has rescinded its prior decision and returned the case to the trial level. This action was taken because the applicant and defendant have reached a proposed settlement agreement while the case was pending reconsideration. The Workers' Compensation Appeals Board is now allowing the Workers' Compensation Judge to review and potentially approve this settlement. If the settlement is not approved, the judge can issue a new decision, and either party can seek further reconsideration.

Workers' Compensation Appeals BoardReconsiderationSettlementFindings of FactOrdersWorkers' Compensation Administrative Law JudgeRescindedReturned to Trial LevelPetition for ReconsiderationProposed Settlement
References
Case No. ADJ1160066 (MON 0261712)
Regular
Jun 11, 2012

ROBERT VILARINO vs. CHROMATICS, INC.; CALIFORNIA GUARANTEE ASSOCIATION, as administered by SEDGWICK CMS, for FREMONT INSURANCE, in liquidation

This Workers' Compensation Appeals Board case involves a petition for reconsideration filed by defendant Chromaticals, Inc. The Board has granted this reconsideration to allow for a more thorough review of the factual and legal issues presented. This action is deemed necessary for a complete understanding of the record and to ensure a just and reasoned decision. All future correspondence regarding this case must be filed in writing with the WCAB Commissioners in San Francisco, not with any district office or via e-filing.

Workers' Compensation Appeals BoardReconsiderationPetition for ReconsiderationGranting ReconsiderationDecision After ReconsiderationStatutory Time ConstraintsFactual IssuesLegal IssuesChromatics Inc.California Guarantee Association
References
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