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

Case No. ADJ10544664
Regular
Jan 03, 2018

RAYMOND GONZALEZ vs. ALBERTSONS, permissibly self-insured, ALBERTSONS HOLDINGS FULLERTON

The Workers' Compensation Appeals Board denied the defendant Albertson's Petition for Removal. The Board found that removal is an extraordinary remedy, granted only when substantial prejudice or irreparable harm would result, and reconsideration would be inadequate. The WCJ's report indicated the defendant's petition was denied due to procedural deficiency (failure to attach the subpoena) and that no substantive ruling was made that would warrant removal. The Board agreed that the defendant did not demonstrate the necessary prejudice for this exceptional relief.

Petition for RemovalDenying PetitionSubstantial PrejudiceIrreparable HarmReconsiderationPetition to QuashSubpoenaSDTEAMSAOE/COE
References
2
Case No. ADJ1051150 (OAK 0324388) ADJ2365304 (OAK 0343863)
Regular
Aug 18, 2010

GUSTAVIA PERKINS vs. ALBERTSONS, JC PENNEY, SPECIALTY RISK SERVICES, SAVEMART SUPERMARKETS, PEGASUS RISK MANAGEMENT

The Workers' Compensation Appeals Board dismissed Albertsons' petition for reconsideration as the order compelling arbitration was not a final decision. The Board granted Albertsons' alternative petition for removal to correct an inadvertent omission. Specifically, the Order compelling arbitration, which was initially issued only in case ADJ1051150, was amended to include case ADJ2365304 as well.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalLabor Code Section 5271Labor Code Section 5900Interlocutory OrderPetition for ContributionMandatory ArbitrationCompromise and ReleaseCumulative Injury
References
0
Case No. ADJ695866
Regular
Jun 09, 2010

MARCIA RAVIZZA vs. ALBERTSON'S

This case involves a petition for reconsideration filed by Marcia Ravizza against Albertson's. The Workers' Compensation Appeals Board (WCAB) reviewed the petition and the administrative law judge's report. The WCAB has denied Ravizza's petition for reconsideration, adopting and incorporating the reasons provided in the judge's report. Therefore, the WCAB's decision stands.

WORKERS' COMPENSATION APPEALS BOARDMARCIA RAVIZZAALBERTSON'SADJ695866OAK District OfficeRECONSIDERATION DENIEDWCJ reportPetition for Reconsiderationadministrative law judgerecord review
References
0
Case No. ADJ918935 (GOL 0095045) ADJ494988 (GOL 0095046)
Regular
Oct 01, 2010

BONNIE JOHNSON vs. ALBERTSON'S, INC.

The Workers' Compensation Appeals Board granted reconsideration and amended a prior decision, affirming the imposition of a 25% penalty against Albertson's for unreasonably denying payment for the applicant's prescription Imitrex. The Board clarified that the penalty period for the denied medical treatment is from March 2008 to August 18, 2008. Additionally, the Board affirmed the applicant's entitlement to attorney fees related to enforcing this compensation.

Workers' Compensation Appeals BoardAlbert's Inc.Specialty Risk ServicesJoint Findings and OrderAdministrative Law JudgeLabor Code Section 5814PenaltyPrescriptionImitrexPermanent Disability
References
0
Case No. ADJ6777284, ADJ6777302, ADJ7465280
Regular
Jan 07, 2013

DEBBIE DAY vs. ALBERTSONS, SEDWICK CMS

This Workers' Compensation Appeals Board case involved three cumulative trauma injuries sustained by applicant Debbie Day while employed by Albertsons and SaveMart Supermarkets. The arbitrator issued a Findings, Award, and Order, and subsequently a Report on Petition for Reconsideration. The Board denied the Petition for Reconsideration, adopting the arbitrator's report which clarified that SaveMart/Pegasus's claims for contribution and reimbursement in earlier injury years were moot as their liability stemmed solely from the 2009 injury. The arbitrator's Opinion on Decision was amended to reflect this clarification regarding SaveMart/Pegasus's sole liability for the 2009 injury.

WCABPetition for ReconsiderationArbitrator's ReportAmended OpinionCumulative Trauma InjuriesDate of InjuryContributionReimbursementSaveMart SupermarketsAlbertsons
References
3
Case No. ADJ3419685 (GRO 0029797)
Regular
Dec 10, 2000

MARLENA MOORE vs. ALBERTSONS, SPECIALTY RISK SERVICES

This case involves a Petition for Removal filed by Marlena Moore against Albertsons and Specialty Risk Services. The Workers' Compensation Appeals Board (WCAB) has reviewed the petition and the report from the workers' compensation administrative law judge. Consequently, the WCAB has denied the Petition for Removal. The decision incorporates the reasoning provided in the WCJ's report.

WORKERS' COMPENSATION APPEALS BOARDMARLENA MOOREALBERTSONSSPECIALTY RISK SERVICESPetition for RemovalWCJ reportdenial of removaladministrative law judgeADJ3419685GRO 0029797
References
0
Case No. ADJ1377502 (MON 0315276), ADJ1380199 (MON 0315277), ADJ1836874 (MON 0315278), ADJ777806 (MON 0348785)
Regular
Jul 08, 2013

JOSEPH D. MORENO vs. ALBERTSON'S, Administered by SPECIALTY RISK SERVICES

In this workers' compensation case, the defendant, Albertson's, petitioned for removal, seeking to rescind an order continuing the cases to trial. The defendant argued the applicant's Declaration of Readiness to Proceed was deficient regarding settlement efforts and that they had a due process right to depose Agreed Medical Evaluators (AMEs). The Appeals Board denied the petition, finding the defendant failed to demonstrate substantial prejudice from the alleged DOR defect. The Board also noted the trial judge has authority to order further discovery if needed post-trial.

Petition for RemovalDeclaration of Readiness to ProceedGood Faith EffortsSettlementAgreed Medical EvaluatorsAMEDue ProcessDeposeWCJAppeals Board
References
1
Case No. ADJ918266 (SFO 0488680), ADJ569020 (SFO 0488681), ADJ977111 (SFO 0488682), ADJ182039 (SFO 0413989)
Regular
Feb 19, 2015

ROBERT ROGERS vs. ALBERTSON'S/SUPERVALU, Permissibly Self-Insured, Administered By SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

This case involves multiple workers' compensation claims filed by Robert Rogers against Albertson's/Supervalu. The Workers' Compensation Appeals Board has issued an order dismissing the petitioner's Petition for Removal. This dismissal is solely due to the petitioner having withdrawn their own petition. Therefore, the Board is acting to formally close the removal process as requested.

Petition for RemovalWorkers' Compensation Appeals BoardDismissedWithdrawnCase NumbersAlbertson'sSupervaluSedgwick Claims Management ServicesPermissibly Self-InsuredApplicant
References
0
Case No. ADJ4113221 (WCK0015884), ADJ3860954 (WCK 0003849), ADJ1849290 (WCK 0003852), ADJ2468456 (WCK 0015098), ADJ2798390 (WCK 0021329), ADJ4523810 (WCK 0045748)
Regular
Aug 06, 2013

David Kallaby vs. ALBERTSON'S

The Workers' Compensation Appeals Board dismissed three of applicant David Kallaby's motions as untimely petitions for reconsideration and removal, and also dismissed a motion for disqualification as the WCJ was not assigned to future proceedings. The Board lacked jurisdiction over two other motions concerning the Information and Assistance Office and ADA accommodations, remanding the matter to the Presiding Judge. The applicant's attorneys had previously been relieved of record due to irreconcilable differences.

Workers' Compensation Appeals BoardOrder Relieving AttorneyPetition for ReconsiderationPetition for RemovalPetition for DisqualificationWCJ GondakInformation and Assistance OfficeADA AccommodationTimelinessJurisdiction
References
7
Case No. ADJ3156874
Regular
Sep 23, 2008

KAREN HAMMONDS vs. ALBERTSONS

The WCJ's decision awarding temporary disability benefits more than five years after the injury date was reconsidered. The Board amended the award to only allow payment for temporary total disability, not temporary partial disability.

AlbertsonsKaren HammondsADJ3156874OAK 0305966ReconsiderationFindings and AwardJuly 32008December 222001
References
1
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