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

Case No. ADJ6869590
Regular
Nov 07, 2013

EDMOND HAKAKHA vs. CVS PHARMACY, NEW HAMPSHIRE INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, adopting the findings of the administrative law judge. The judge determined the applicant was not entitled to temporary disability benefits beyond a specific period, as medical reports and the applicant's own testimony indicated he was able to work. Furthermore, penalties under Labor Code Section 5814 were denied because there was no prior award of temporary disability, and the employer had a genuine doubt regarding the correct wage rate and period of disability. Attorney fees were awarded at 15% on accrued temporary disability, but not under Section 5814.5.

WORKERS' COMPENSATION APPEALS BOARDCVS PHARMACYNEW HAMPSHIRE INSURANCE COMPANYGALLAGHER BASSETT SERVICESINC.ADJ6869590ADJ6869586Petition for ReconsiderationWCJSupplemental Petition for Reconsideration
References
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Case No. ADJ6869590 ADJ6869586
Regular
Aug 15, 2011

EDMOND HAKAKHA vs. CVS PHARMACY

The Appeals Board granted removal to reconsider its prior decision that rescinded a Joint Findings and Award. The prior decision found insufficient record to support attorney's fees and sanctions awarded by the WCJ for the defendant's failure to comply with a subpoena duces tecum. Upon review, the Board found the record sufficient to support the $9,100.00 attorney's fee award, as the defendant admitted non-compliance and offered no excuse. The Board also determined the WCJ did not abuse discretion regarding sanctions and reinstated the original award.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalJoint Findings and AwardWCJsubpoena duces tecumSDTinadmissible documentsattorney's feesanctions
References
0
Case No. ADJ6869590; ADJ 6869586
Regular
Jun 08, 2011

EDMOND HAKAKHA vs. CVS PHARMACY

The Appeals Board dismissed the employer's Petition for Removal but granted reconsideration, rescinding the Joint Findings and Award. The Board found the original award lacked sufficient development regarding sanctions for non-compliance with a discovery order. The case is remanded for further proceedings to determine sanctions and reconsider the attorney's fee award. A more detailed itemization of attorney time spent enforcing discovery is required.

Petition for RemovalJoint Findings and AwardAttorney's FeeSubpoena Duces TecumOrder to ComplySanctionsLabor Code section 5813Inadmissible DocumentsReconsiderationRescinded Award
References
0
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