San Luis Obispo

WASTE CONNECTIONS; ACE INSURANCE COMP ANY OF NORTH AMERICA, c/o ESIS WEST WC CLAIMS SERGIO RUBALCAVA WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASERGIO RUBALCAVA, Applicant,vs.WASTE CONNECTIONS; ACE INSURANCE COMP ANY OF NORTH AMERICA, c/o ESIS WEST WC CLAIMS, Defendants.Case No. ADJ9290820(San Luis Obispo District Office)ORDER DENYING PETITION FOR RECONSIDERATION            We have considered the allegations of the Petition …

Sergio Rubalcava vs. Waste Connections; Ace Insurance Comp Any Of North America, C/o Esis West Wc Claims Read More »

In this case, the Workers’ Compensation Appeals Board granted the defendant’s petition for removal and rescinded the order setting the case for trial. The Board found that the dispute between the two insurers was subject to mandatory arbitration pursuant to Labor Code section 5275.

In this case, Jesse Soto appealed to the Workers’ Compensation Appeals Board of California against United Parcel Service and Liberty Mutual Insurance Company. The Appeals Board noticed a clerical error in the date of service of the decision and issued an order to correct the error without granting reconsideration. The correct date of service was changed from November 9, 2020 to December 9, 2019. The order was filed and served on January 3, 2020.

(GRO 0024532) (San Luis Obispo District Office)This case is about Thomas Cullen, who filed a Petition for Penalty under Labor Code section 5814, claiming that Atascadero Ford, Inc. and the State Compensation Insurance Fund unreasonably denied authorization for periodontal maintenance visits that had been certified by defendant’s Utilization Review. The Workers’ Compensation Appeals Board denied the Petition for Reconsideration, affirming the WCJ’s finding that there was no unreasonable denial of medical treatment.

In this case, Anita L. Martin, an employee of Mid-State Bank & Trust, sought benefits from the Subsequent Injuries Benefits Trust Fund (SIBTF) after sustaining an industrial injury to her back and neck on January 30, 1997 and November 22, 1982. The Workers’ Compensation Appeals Board granted her petition for reconsideration, rescinded the original decision, and returned the matter to the trial level for further proceedings and a new decision. The Board found that the record was incomplete and the issue was vaguely defined, and thus could not provide meaningful review.

This case involves a Petition for Reconsideration filed by Helena Beltran against Saeed Keshtar DBA Round Table Pizza and Wesco Insurance Company. The Labor Code and Appeals Board Rules require that the petition be verified upon oath, set forth specifically and in full detail the grounds upon which the petitioner considers the final order to be unjust or unlawful, and contain a general statement of any evidence or other matters upon which the applicant relies in support thereof. The petition was found to be skeletal, unverified, and filed without proof of service on adverse parties, and was therefore dismissed.

In this case, Joe Torres, the applicant, filed an Application for Adjudication of Claim against the City of Lompoc, permissibly self-insured and administered by Workers’ Compensation Administrators, LLC. The Workers’ Compensation Appeals Board granted reconsideration to provide an opportunity to further study the legal and factual issues raised by the Petition for Reconsideration filed by the defendant. The issue presented in the petition for reconsideration was when does the one-year statute of limitations run for the filing of an Application? The Board rescinded the Findings of Fact and Award and returned the matter to the trial level solely to address this issue.

This case involves a lien claimant, Ghitterman, Ghitterman & Feld, seeking reconsideration of a Findings and Order (F&O) issued by the workers’ compensation administrative law judge (WCJ) which denied their lien. The WCJ issued the F&O after a mandatory settlement conference, where lien claimant did not appear. The WCJ recommended that the Workers’ Compensation Appeals Board deny reconsideration, but the Board rescinded the F&O and returned the matter to the WCJ for further proceedings. The Board noted that lien claimant must make a showing of entitlement to reimbursement for living expenses pursuant to the process outlined in Ornelas v. Santa Ana Unified School District, and that any amount owed to

In this case, Maria Albarran, an employee of Coastal Vineyard, sought reconsideration or removal of a November 14, 2017 Interim Order Granting 3rd Party Credit, which awarded the employer an interim credit against the settlement in Albarran’s third-party case. The Workers’ Compensation Appeals Board dismissed the Petition for Removal, granted the Petition for Reconsideration, rescinded the WCJ’s Interim Order, and returned the matter to the trial level for further proceedings and a new decision by the WCJ.