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

Case No. ADJ8-481702
Regular
May 30, 2017

SALVATORE PUCCIO vs. ONLINE GRAPHICS AND FINISHING, EMPLOYERS COMPENSATION INSURANCE COMPANY

This case involves a worker who suffered orthopedic injuries from a fall and subsequently had a stroke in the hospital. The Appeals Board granted reconsideration, finding the stroke to be a compensable consequence of the industrial injury. This was based on the expert opinion that the necessity to withhold anticoagulation medication due to the orthopedic injuries directly increased the risk of the stroke. Therefore, the Board amended the original order to include the stroke as industrially caused, remanding the case for further proceedings.

Salvatore PuccioOnline Graphics and FinishingEmployers Compensation Insurance CompanyADJ8-481702Petition for ReconsiderationCompensable ConsequenceIndustrial InjuryAtrial FibrillationCerebral Vascular AccidentAnticoagulant Therapy
References
6
Case No. ADJ8 140254
Regular
Mar 25, 2016

JOSHUA HAMILTON vs. FRESNO COUNTY SHERIFF'S DEPARTMENT, AMERICAN ALL-RISK LOSS ADMINISTRATORS

The Workers' Compensation Appeals Board granted reconsideration of a decision that denied liability for applicant's spinal surgery. The applicant argued the defendant improperly denied benefits based on an unsigned objection to the treating physician's recommendation. The Board found the defendant's objection may not have been timely initiated, a point not raised at trial. Therefore, the Board rescinded the prior decision and returned the case to the trial level for further proceedings and evidence regarding the timeliness of the objection.

WCABspinal surgerytemporary disabilityLabor Code section 4850Labor Code section 4062(b)objection to treating physiciansecond opinion processutilization reviewtimelinerescinded
References
2
Case No. ADJ8 552620
Regular
Mar 25, 2016

WILHELM SOEHN vs. STATE COMPENSATION INSURANCE FUND, ACCLAMATION INSURANCE MANAGEMENT SERVICES

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for reconsideration of a prior decision. This action was taken to allow the Board sufficient time to thoroughly review the factual and legal issues presented. The WCAB will conduct further proceedings to ensure a just and reasoned decision is issued. All future correspondence regarding this petition must be directed to the WCAB Commissioners and not to district offices or e-filed.

Petition for ReconsiderationWorkers' Compensation Appeals BoardState Compensation Insurance FundAcclamation Insurance Management ServicesADJ8 552620San Francisco District OfficeOpinion and OrderStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned Decision
References
1
Case No. ADJ8 100720
Regular
Jun 15, 2016

CELIA PEREZ DE PRECIADO vs. ROSS STORES, INC., SEDGWICK CLAIMS MANAGEMENT SERVICES

This case involves an applicant, Celia Perez de Preciado, seeking reconsideration of a Workers' Compensation Appeals Board (WCAB) decision. The WCAB granted the petition for reconsideration due to the need for further study of the factual and legal issues. All future correspondence regarding the petition must be filed directly with the WCAB Commissioners in San Francisco, not the district office. The order also clarifies that trial-level documents unrelated to the reconsideration petition should continue to be e-filed.

WORKERS' COMPENSATION APPEALS BOARDROSS STORESINC.SEDGWICK CLAIMS MANAGEMENT SERVICESPETITION FOR RECONSIDERATIONSTATUTORY TIME CONSTRAINTSFACTUAL AND LEGAL ISSUESJUST AND REASONED DECISIONOFFICE OF THE COMMISSIONERSELECTRONIC ADJUDICATION MANAGEMENT SYSTEM (EAMS)
References
1
Case No. ADJ8 156794
Regular
Jan 12, 2017

NURY PEREZ vs. BLUE RIVER DENIM, THE HARTFORD

The Workers' Compensation Appeals Board (WCAB) is considering rescinding an order that dismissed a lien claim due to a failure to pay a $100 lien activation fee. The lien claimant, Premier Psychological Services (PPS), claims computer issues prevented timely payment. While the WCJ recommended denial of reconsideration, the WCAB may rescind the dismissal if PPS pays the activation fee within ten days of this notice. If paid, the lien claim will be returned to the trial level for further proceedings.

Lien activation feeLabor Code section 4903.06WCABadministrative law judgereconsiderationrescissiondismissallien conferenceCompromise and Releaseindustrial injury
References
1
Case No. ADJ8-474698
Regular
Jul 07, 2017

NILDA RIVERA vs. CORCORAN STATE PRISON, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed Nilda Rivera's Petition for Reconsideration because it was filed against a non-final, interlocutory decision that did not resolve substantive rights or liabilities. Furthermore, the WCAB denied Rivera's Petition for Removal, finding no evidence of substantial prejudice or irreparable harm, nor a demonstration that reconsideration would be an inadequate remedy. The WCAB affirmed the administrative law judge's decision to dismiss these petitions.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for Removalfinal orderinterlocutory decisionsubstantive rightthreshold issueirreparable harmsubstantial prejudiceextraordinary remedy
References
6
Case No. ADJ8 453844
Regular
Jun 15, 2016

ISOBETH CABRERA vs. LABOR READY, ESIS

This case involves a lien claimant seeking reconsideration of a dismissed lien. The lien was dismissed because the claimant failed to appear at a lien conference and subsequently file a properly verified objection detailing the excusable neglect. While the Board granted reconsideration, it intends to affirm the dismissal unless the claimant provides a sworn affidavit from a person with personal knowledge explaining the circumstances of the failure to appear. This affidavit must sufficiently detail the mistake, inadvertence, surprise, or excusable neglect.

Workers' Compensation Appeals BoardLien claimantPetition for ReconsiderationOrder Dismissing LienNotice of Intention to Dismiss Lienverified objectionCode of Civil Procedure section 473Fox v. Workers' Comp. Appeals Bd.Beverly Hills Multispecialty Group Inc. v. Workers' Comp. Appeals Bd.failure to appear
References
6
Case No. ADJ8 431296; ADJ8441244
Regular
Mar 30, 2016

CARLOS RACINE vs. MENZIES AVIATION GROUP, XL INSURANCE C/O GALLAGHER, BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board denied the applicant's Petition for Removal, affirming the WCJ's decision to take the case off calendar. Removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which was not demonstrated here. The Board found that reconsideration would be an adequate remedy if an adverse decision ultimately issues. Given the age of the case and the utilization of Agreed Medical Examiners, the Board expects prompt cooperation for resolution.

Petition for RemovalExtraordinary RemedySubstantial PrejudiceIrreparable HarmReconsiderationAgreed Medical ExaminersExpedited ResolutionDeclaration of Readiness to ProceedTaken Off CalendarSupplemental Reporting
References
2
Case No. ADJ8 440661 ADJ8954872 ADJ8954861
Regular
Mar 18, 2016

CRAIG GROTH vs. COASTLAND, INC. dba COAST LANDSCAPE, BRECKENRIDGE INSURANCE SERVICES, LLC, AMTRUST NORTH AMERICA

The Workers' Compensation Appeals Board granted reconsideration and amended the prior award, finding the applicant's dog bite injury claim (ADJ8440661) was not barred by the statute of limitations. This decision reversed the trial judge's finding, holding that the employer's failure to inform the applicant of his workers' compensation rights tolled the statute until the claim was officially reported. The Board found prejudice to the applicant without tolling and rejected the defendant's argument regarding prejudice to the carrier, noting the insurer retains credit rights. The case is returned to the trial level for further proceedings on other issues related to ADJ8440661.

Workers Compensation Appeals BoardCumulative InjuryStatute of LimitationsTollingEmployer Duty to InformDog BiteLandscape Construction WorkerReconsiderationJoint Findings and AwardMedical Legal Costs
References
8
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