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

Case No. ADJ3698541 (VNO 0412457), ADJ3246761 (VNO 0416345), ADJ2731611 (VNO 0416346)

Regular

Feb 06, 2015

WEST GRIFFIN vs. HARBOR UCLA MEDICAL CENTER, TRISTAR RISK MANAGEMENT

The Workers' Compensation Appeals Board denied Tristar Risk Management's petition for removal, which sought to halt trial proceedings for the applicant's claim for home health care reimbursement. Tristar argued the trial was premature, preventing adequate discovery and the development of the evidentiary record concerning new statutes applicable to the claim. The Board found that removal is an extraordinary remedy not warranted here, as the applicant bears the burden of proof at trial and Tristar has remedies available if aggrieved by a post-trial decision. The Board also confirmed Tristar's petition was timely filed.

ADJ3698541ADJ3246761ADJ2731611HARBOR UCLA MEDICAL CENTERTRISTAR RISK MANAGEMENTPetition for RemovalWCJhome health care servicesNeri HernandezAugust 21

References

Case No. ADJ3698541 (VNO 0412457) ADJ3246761 (VNO 0416345) ADJ2731611 (VNO 0416346)

Regular

Aug 21, 2014

WEST GRIFFIN vs. COUNTY OF LOS ANGELES

The Workers' Compensation Appeals Board (WCAB) rescinded a previous award of 24-hour home health care services due to new legislation (Labor Code §§ 4600(h), 4603.2(b)(1), 5307.8) and a new en banc decision (*Neri Hernandez*). The Board found that while evidence supported the need for home health care, the application of these new sections, particularly regarding the prescription and receipt of services, required further development of the record. Therefore, the case was remanded to the Workers' Compensation Judge for further proceedings consistent with the opinion, allowing the parties to address these new legal requirements.

Workers' Compensation Appeals BoardIndustrial InjurySpine InjuryHip InjuryStrokeHome Health Care ServicesLabor Code Sections 4600(h)4603.2(b)(1)5307.8Neri Hernandez

References

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WEST GRIFFIN vs. HARBOR UCLA MEDICAL CENTER, TRISTAR RISK MANAGEMENT

ADJ3698541ADJ3246761ADJ2731611HARBOR UCLA MEDICAL CENTERTRISTAR RISK MANAGEMENTPetition for RemovalWCJhome health care servicesNeri HernandezAugust 21

WEST GRIFFIN vs. COUNTY OF LOS ANGELES

Workers' Compensation Appeals BoardIndustrial InjurySpine InjuryHip InjuryStrokeHome Health Care ServicesLabor Code Sections 4600(h)4603.2(b)(1)5307.8Neri Hernandez