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

Case No. ADJ2317869
Regular
Aug 04, 2009

ALLEN BONET vs. HONDA OF OAKLAND, MATRIX ABSENCE MANAGEMENT

This case involves a Petition for Removal filed by Honda of Oakland and Matrix Absence Management. The Workers' Compensation Appeals Board denied the petition because the defendants failed to demonstrate substantial prejudice or irreparable harm, which are the strict requirements for removal. The Administrative Law Judge recommended denial, citing significant issues with the medical records and the applicant's inconsistent testimony regarding his date of injury. The ALJ had taken the matter out of submission to further develop the record, specifically to determine the correct date of injury, which is crucial for evaluating the defendants' post-termination and statute of limitations defenses.

Petition for RemovalWorkers' Compensation Appeals BoardADJ2317869Allen BonetHonda of OaklandMatrix Absence ManagementOrder Denying Petition for RemovalSubstantial PrejudiceIrreparable InjuryAOE/COE
References
4
Case No. ADJ2317869 (OAK 0344295)
Regular
Mar 15, 2011

ALLEN BONET vs. HONDA OF OAKLAND, MATRIX ABSENCE MANAGEMENT

The Workers' Compensation Appeals Board reversed a prior finding that applicant sustained industrial injury to his spine. The Board found applicant's claim is barred by the post-termination defense under Labor Code section 3600(a)(10). Applicant failed to prove any exceptions to this defense, as there was no substantial evidence of employer notice of the alleged injury prior to termination. Furthermore, pre-termination medical records did not document the claimed back injury.

Allen BonetHonda of OaklandMatrix Absence ManagementADJ2317869OAK 0344295Workers' Compensation Appeals BoardOpinion and Decision After ReconsiderationWCJindustrial injuryspine
References
0
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