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

Case No. ADJ 7906635, ADJ 7906741
Regular
May 02, 2016

LINDA ARMS vs. COUNTY OF KERN

The Workers' Compensation Appeals Board denied the County of Kern's petition for reconsideration. The County sought to overturn an award regarding the reasonable cost of two medical-legal reports from Dr. Ali Mostafavi. The Board adopted the findings of the administrative law judge, who found the attested hours and resulting fee schedule calculations for the reports to be reasonable. The County failed to demonstrate that the time spent by Dr. Mostafavi on the reports was unreasonable.

Workers' Compensation Appeals BoardPetition for ReconsiderationCounty of KernLinda ArmsADJ 7906635ADJ 7906741Workers' Compensation Administrative Law JudgeFindings Orders and AwardQualified Medical ExaminerQME
References
Case No. ADJ 1050422, ADJ 3107039, SAL 104052, SAL 114548
Regular
Sep 08, 2008

ESTELA LUIS vs. COMMUNITY BRIDGES, STATE COMPENSATION INSURANCE FUND

The WCAB granted reconsideration of a WCJ's decision awarding 100% permanent disability, finding the medical record inadequate to justify the WCJ's determination on cumulative trauma and apportionment. The matter is returned for further development of the medical record and a new decision.

Workers Compensation Appeals BoardEstela LuisCommunity BridgesState Compensation Insurance FundADJ 1050422ADJ 3107039SAL 104052SAL 114548Permanent Disability Rating ScheduleApportionment
References
Case No. ADJ3283274 (VNO 0386537) ADJ4545965 (VNO 0386536) ADJ3421140 (VNO 0347301)
Regular
Jan 25, 2010

BARBARA STRAUSS vs. WEST MARINE, INC., CIGA for RELIANCE in liquidation, TRAVELERS PROPERTY CASUALTY, FIREMAN'S FUND

This case involves a clerical error in the caption of a prior Workers' Compensation Appeals Board (WCAB) order denying reconsideration. The error involved the incorrect assignment of ADJ and VNO numbers to the relevant case numbers. The WCAB is correcting this error to accurately reflect the case numbers as ADJ3283274 and VNO 0386537. This correction ensures proper record-keeping for applicant Barbara Strauss and defendants West Marine, Inc., et al.

Workers' Compensation Appeals BoardOrder Denying ReconsiderationFindings and AwardAdministrative Law JudgeClerical ErrorCorrected Case NumberADJ NumberVNO NumberReversal of NumbersLiquidation
References
Case No. ADJ720674 (LAO0861014) ADJ1669437 (LAO0861013)
Regular
Jan 06, 2011

NAMES TAYLOR vs. PDO RENTALS, PACIFIC COMP. CLAIM

This order from the Workers' Compensation Appeals Board denies a Petition for Reconsideration filed by Applicant Names Taylor. The Board adopted and incorporated the reasoning of the workers' compensation administrative law judge (WCJ) in their report. Therefore, reconsideration of the original decision is denied.

Petition for ReconsiderationWorkers' Compensation Appeals BoardAdministrative Law JudgeDenying ReconsiderationCase NumberADJLAO District OfficeApplicantDefendantPDO Rentals
References
Case No. ADJ8090707 ADJ7966086
Regular
Nov 03, 2014

KIMTE HARDIN vs. PACE; MAJESTIC INSURANCE By AMTRUST

This case concerns a petition for reconsideration of an Order Approving Compromise and Release, previously served on September 2, 2014. The petitioner has withdrawn this reconsideration request. Consequently, the Workers' Compensation Appeals Board has dismissed the petition. The dismissal order was dated and filed on November 3, 2014.

Petition for ReconsiderationCompromise and ReleaseOrder ApprovingDismissalWithdrawnWorkers' Compensation Appeals BoardApplicantDefendantsADJLos Angeles District Office
References
Case No. ADJ7548997, ADJ7549026
Regular
Jan 15, 2016

KAREN BRESSON vs. UNITED PARCEL SERVICE, INC, LIBERTY MUTUAL INSURANCE COMPANY, VONS GROCERY COMPANY

The Workers' Compensation Appeals Board (WCAB) granted UPS's petition for reconsideration, rescinded the prior decision, and returned the case to the trial level. The WCAB clarified that the applicant's prior Compromise and Release (C&R) with Vons Grocery Company in Case No. ADJ7549026 did not settle her claim against UPS in Case No. ADJ7548997, despite broad language in an addendum. This interpretation is based on the C&R specifically listing only Vons and a distinct date of injury period, and a clause limiting the settlement to those specified terms. All other issues, including AOE/COE injury, medical treatment, and apportionment, remain to be decided at the trial level.

WCABPetition for ReconsiderationFindings and OrderAOE/COECompromise and ReleaseC&RCumulative TraumaCTSuccessive InjuriesContribution
References
Case No. ADJ1938862 (STK 0181631) ADJ6489490
Regular
Mar 10, 2010

JEANETTE PARKER vs. COUNTY OF AMADOR, permissibly self-insured adjusted by YORK INSURANCE and DR. GORDON ANDERSON and STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, adopting the WCJ's report. The defendant argued the WCJ erred in finding increased permanent disability and sought credit for temporary disability payments. The Board found the defendant's reliance on outdated medical reports unconvincing and noted the credit issue was not raised in the relevant case file. Furthermore, the Board determined allowing such a credit would unfairly burden the applicant and disrupt the purpose of permanent disability awards.

WORKERS' COMPENSATION APPEALS BOARDReconsiderationWCJPetitionApplicantDefendantSTKADJFindings Award & OrderPermanent Disability
References
Case No. ADJ887768 (MON 0029718) ADJ4445992 (MON 0029719)
Regular
Jul 31, 2014

BERNARD BILLIK vs. HUGHES AIRCRAFT, WAUSAU INSURANCE COMPANY, LIBERTY MUTUAL INSURANCE COMPANY

This case concerns a Petition for Removal filed by defendants Hughes Aircraft and their insurers. The Workers' Compensation Appeals Board (WCAB) denied the petition, emphasizing that removal is an extraordinary remedy rarely granted, especially after trial has commenced or concluded. The WCAB found that the petitioners failed to demonstrate substantial prejudice or irreparable harm from denial. The Board concluded that reconsideration following a final adverse decision would be an adequate remedy for the defendants.

Petition for RemovalExtraordinary RemedySubstantial PrejudiceIrreparable HarmReconsiderationWCJ ReportSubmitted for DecisionAdverse DecisionFinal DecisionWorkers' Compensation Appeals Board
References
Case No. ADJ3578461 (LAO 0850267) ADJ2673172 (LAO 0850268)
Regular
Jun 19, 2014

LUIS GARCIA vs. REGENT MANUFACTURING, INC.

The Workers' Compensation Appeals Board granted reconsideration of the WCJ's prior Order Approving Compromise and Release and Award. The Board rescinded that decision and returned the case to the trial level for further proceedings. This action does not constitute a final decision on the merits, and parties retain the right to seek further reconsideration.

WCABReconsiderationGrant ReconsiderationRescind DecisionFurther ProceedingsCompromise and ReleaseAwardAdministrative Law JudgeTrial LevelApplicant
References
Case No. ADJ9909898, ADJ9939118, ADJ9953997
Regular
Jan 10, 2017

VICTOR FORWARD vs. CREATIVE CONSTRUCTION SOLUTIONS, INC./ACE PROPERTY AND CASUALTY INSURANCE CO. as administered by ESIS

This case involves a Petition for Removal by Victor Forward concerning multiple workers' compensation claims against Creative Construction Solutions, Inc. The Workers' Compensation Appeals Board (WCAB) denied the petition, finding that removal is an extraordinary remedy. The applicant failed to demonstrate substantial prejudice or irreparable harm, nor did they show that reconsideration would be inadequate. Therefore, the WCAB adopted the WCJ's report and denied the removal request.

Petition for RemovalExtraordinary RemedySubstantial PrejudiceIrreparable HarmReconsiderationAdequate RemedyWCJ ReportAppeals BoardDeniedCalifornia Workers' Compensation
References
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