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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ4086603 (LAO 0829698) ADJ4469358 (LAO 0829699)
Regular
May 01, 2009

ADA ROZENBLAT vs. CEDARS SINAI HEALTH SYSTEM

This Workers' Compensation Appeals Board notice addresses a dispute over attorney's fees and costs awarded as sanctions. The defense seeks $800.50 for opposing a petition for reconsideration, while applicant's counsel, Daniel Escamilla, concedes only $540.00. The Board finds $800.50 reasonable and proposes to award this amount to defense counsel, Pearlman, Borska & Wax, L.L.P. This award is separate from any other sanctions payable to the General Fund.

WORKERS' COMPENSATION APPEALS BOARDADA ROZENBLATCEDARS SINAI HEALTH SYSTEMADJ4086603ADJ4469358ATTORNEY'S FEESCOSTSSANCTIONSLABOR CODE § 5813PETITION FOR RECONSIDERATION
References
Case No. ADJ4113221 (WCK0015884), ADJ3860954 (WCK 0003849), ADJ1849290 (WCK 0003852), ADJ2468456 (WCK 0015098), ADJ2798390 (WCK 0021329), ADJ4523810 (WCK 0045748)
Regular
Aug 06, 2013

David Kallaby vs. ALBERTSON'S

The Workers' Compensation Appeals Board dismissed three of applicant David Kallaby's motions as untimely petitions for reconsideration and removal, and also dismissed a motion for disqualification as the WCJ was not assigned to future proceedings. The Board lacked jurisdiction over two other motions concerning the Information and Assistance Office and ADA accommodations, remanding the matter to the Presiding Judge. The applicant's attorneys had previously been relieved of record due to irreconcilable differences.

Workers' Compensation Appeals BoardOrder Relieving AttorneyPetition for ReconsiderationPetition for RemovalPetition for DisqualificationWCJ GondakInformation and Assistance OfficeADA AccommodationTimelinessJurisdiction
References
Case No. ADJ7274196
Regular
Dec 07, 2012

RONALD PIERCE vs. CITY OF TULARE

The applicant, Ronald Pierce, requested to appear telephonically for trial as an ADA accommodation, which the Workers' Compensation Judge (WCJ) denied, citing due process and the need to observe witnesses. The Appeals Board dismissed Pierce's Petition for Reconsideration because the WCJ's ruling was not a final decision. The Board also denied his Petition for Removal, finding no significant prejudice as the substantive issue was to be decided on briefs. Pierce was also advised that he does not have a right to free legal counsel.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalTelephonic AppearanceADA AccommodationDue ProcessCross-examinationSubstantive RightFinal OrderAggrieved Party
References
Case No. ADJ8128282
Regular
Jan 23, 2014

ANGELA EGBIKUADJE vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, returning the case for further proceedings. The defendant, California Department of Corrections and Rehabilitation, argued that the applicant's psychiatric injury claim was preempted by the ADA and not proven under Labor Code section 3208.3. The Board found the original decision lacked proper analysis regarding predominant industrial causation and the good faith personnel action defense. Therefore, the case was remanded for further development of the record, including expert medical opinion on these issues.

Workers' Compensation Appeals BoardAngela EgbikuadjeCalifornia Department of Corrections and RehabilitationLegally UninsuredState Compensation Insurance FundADJ8128282Van Nuys District OfficeReconsiderationFindings and AwardIndustrial cumulative trauma injury
References
Case No. ADJ7503215
Regular
May 24, 2013

JAMIE ZIEGENFUSS vs. THE UNIVERSITY OF CALIFORNIA MERCED

The Workers' Compensation Appeals Board (WCAB) denied reconsideration of the applicant's claim. The applicant alleged industrial injury to her psyche and headaches due to her employer's alleged failure to engage in a good-faith ADA interactive process and alleged bad-faith personnel actions. The WCAB adopted the Workers' Compensation Judge's report, which found no industrial injury based on credible testimony and documentation demonstrating the applicant was aware of performance deficiencies. Furthermore, the WCAB rejected the applicant's supplemental petition for reconsideration as untimely filed.

WCABReconsiderationADA Interactive ProcessIndustrial InjuryPsychic InjuryGood Faith Personnel ActionsCumulative InjuryAgreed Medical ExaminerPerformance EvaluationRetaliation
References
Case No. ADJ17146948; ADJ17146930; ADJ15040609
Regular
Apr 28, 2025

WAYNE BLOSSER vs. RB SPENCER, INC., INSURANCE COMPANY OF THE WEST

Applicant Wayne Blosser sustained multiple industrial injuries, leading to a WCJ award for home modifications, including a mobile home construction and interim ADA-compliant housing, citing the defendant's failure to timely investigate treatment needs. Defendant sought reconsideration, arguing due process violations, lack of WCJ jurisdiction over home modifications, and insufficient evidentiary support for the award. The Workers' Compensation Appeals Board denied the petition, affirming the WCJ's findings that the defendant had ample notice to investigate and that the issue fell within the WCJ's jurisdiction given the parties' stipulations on medical necessity and the implementation nature of the dispute. The Board emphasized the employer's affirmative duty to investigate and provide benefits upon notice of potential needs.

Workers' Compensation Appeals BoardIndustrial InjuryAC HVAC Commercial InstallerHome ModificationsADA Compliant ApartmentSkilled Nursing FacilityUtilization ReviewIndependent Medical ReviewDue ProcessLabor Code
References
Case No. ADJ2875706 (STK 0185271)
Regular
Mar 02, 2020

APRIL PREMO WILLIAMS vs. THE HOME DEPOT

The Workers' Compensation Appeals Board denied April Williams' petition for reconsideration of a decision finding she sustained an industrial injury. Williams sought to disqualify defense counsel, Ray Stanek, alleging he represented adverse clients and failed to object to court violations of her rights. The Board found no evidence Stanek represented adverse clients, as Williams had never been his client. Furthermore, Stanek had no affirmative duty to act on Williams' behalf regarding alleged court misconduct. Consequently, the Board found no basis for disqualification and denied the petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of FactAward and OpiniondisqualificationRay StanekAlbert & MackenzieHelmsman Management ServicesADAdue process
References
Case No. ADJ7082822
Regular
Nov 27, 2013

LAVERN WILSON vs. COUNTY OF RIVERSIDE

This case concerns Lavern Wilson's claim for additional temporary disability benefits against the County of Riverside. The Workers' Compensation Appeals Board (WCAB) affirmed the trial judge's decision, finding that the applicant failed to prove her entitlement to benefits. The WCAB determined that a key medical report was not substantial evidence because it was based on an incomplete medical history provided by the applicant, specifically regarding her employment and prior accidents. Furthermore, the WCAB upheld the judge's credibility determination regarding another witness, finding no basis to overturn it.

Petition for ReconsiderationFinding of Fact and Ordertemporary disability benefitssubstantial evidencemedical reportsQualified Medical Evaluationinadequate medical historycredibilitysupervising social workerdemeanor of witnesses
References
Case No. ADJ7303543
Regular
Apr 08, 2013

JUAN RAMOS vs. SCI TEK STAFFING, CHARTIS

This case involves a workers' compensation claim where the Appeals Board granted reconsideration. The prior WCJ decision was found inconsistent with *Enriquez v. Couto Dairy*, which established that the Appeals Board can find preemption of Administrative Director (AD) Rule 9789.70, specifically the Official Medical Fee Schedule for air ambulance services. The Board clarified that the Airline Deregulation Act may preempt this rule if the air ambulance provider qualifies as an "air carrier" and has the burden of proving this status. Therefore, the matter was returned to the trial level for further proceedings and a new decision consistent with *Enriquez*.

Workers' Compensation Appeals BoardEnriquez v. Couto DairyArticle III section 3.5 California ConstitutionLabor Code section 5307.1preemptionAdministrative Director Rule 9789.70Official Medical Fee ScheduleOMFSair ambulance servicesAirline Deregulation Act
References
Case No. ADJ2036536 (LAO 0869899) ADJ3609983 (LAO 0869895) ADJ6580743
Regular
May 09, 2012

JULY SUESUE vs. CITY OF LONG BEACH

Attorney Hannan petitioned to disqualify WCJ Glass, alleging he and other judges conspired to dismiss her clients' liens and impose sanctions due to her medical issues. This petition was one of several similar claims made by Hannan. The Board denied the petition, finding Hannan failed to provide specific factual evidence supporting her allegations of bias. The case is returned to the trial level for further proceedings.

Workers' Compensation Appeals BoardPetition for DisqualificationAdministrative Law JudgeWCJBiasConspiracySanctionsLiensContinuanceDisability Accommodation
References
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