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

Case No. ADJ6770647
Regular
Jul 21, 2010

AMY CHRISTINE LENTINE vs. CALIFORNIA STATE UNIVERSITY FULLERTON, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board granted reconsideration of the WCJ's decision regarding Amy Christine Lentine's claim. The Board affirmed the finding that the claim was not barred by the statute of limitations. However, the issue of whether Lentine sustained an industrial injury was deferred and remanded to the WCJ for further proceedings. This means the compensability of the injury itself still needs to be determined.

Workers' Compensation Appeals BoardAMY CHRISTINE LENTINECALIFORNIA STATE UNIVERSITY FULLERTONSEDGWICK CLAIMS MANAGEMENT SERVICESADJ6770647RECONSIDERATIONSTATUTE OF LIMITATIONSINDUSTRIAL INJURYPSYCHETEETH
References
Case No. ADJ3686385 (SFO 0488392) ADJ2952772 (SFO 0478194)
Regular
Oct 20, 2008

Amy Miller vs. SAN FRANCISCO ART INSTITUTE, FIREMAN'S FUND INSURANCE COMPANY, REPUBLIC INDEMNITY COMPANY OF AMERICA

This case involves applicant Amy Miller's petition for reconsideration of the Workers' Compensation Appeals Board's decision denying her claim for cumulative trauma injury to her back. The Board previously reversed the finding of industrial causation for her back injury, finding a lack of substantial medical evidence and a significant delay between the alleged exposure and reported symptoms. Applicant contended the Board erred by not allowing further medical evidence, but the Board reaffirmed its prior decision, distinguishing the facts from the precedent cited and concluding no inference of industrial causation was supported by the record.

Workers' Compensation Appeals BoardAmy MillerSan Francisco Art InstituteFireman's Fund Insurance CompanyRepublic Indemnity Company of AmericaADJ3686385ADJ2952772Petition for ReconsiderationDecision After ReconsiderationAmended Findings Award and Order
References
Case No. ADJ9247606
Regular
Apr 08, 2015

AMY SWIFT vs. CITY OF CHULA VISTA, TRISTAR RISK MANAGEMENT

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal. The defendant argued the case should be set for trial because the applicant failed to object to their Declaration of Readiness. However, the Board adopted the WCJ's reasoning and found removal to be an extraordinary remedy not warranted in this instance. The defendant failed to demonstrate substantial prejudice or irreparable harm, and reconsideration would be an adequate remedy.

Petition for RemovalWCJDeclaration of ReadinessOff CalendarSubstantial PrejudiceIrreparable HarmReconsiderationExtraordinary RemedyADJ9247606WCAB Rule 10416(d)
References
Case No. ADJ3817494 (LAO 0863722)
Regular
Jun 21, 2017

CHRISTINE RANGEL vs. HONEYWELL INTERNATIONAL, INC, ZURICH NORTH AMERICA, MATRIX ABSENCE MANAGEMENT, INC

Applicant Rangel petitioned for reconsideration of a WCJ's award finding industrial injury and $63\%$ permanent disability, arguing she was permanently and totally disabled. Following a Commissioners' Settlement Conference, the parties executed a Compromise and Release agreement. The Board, after reviewing the agreement and the record, found it adequate and in the applicant's best interest, rescinded the prior award, and approved the Compromise and Release. This action included releasing any potential death benefit claims and approving the agreed-upon attorney's fees.

Workers' Compensation Appeals BoardChristine RangelHoneywell International IncZurich North AmericaMatrix Absence Management IncReconsiderationFindings and AwardCardiovascular system injuryPsyche injurySleep disorder
References
Case No. ADJ7433185, ADJ7605177, ADJ7632504
Regular
Dec 07, 2012

Christine Held vs. Stanislaus County Housing Authority, Permissibly Self-Insured, administered by Innovative Claims Solutions

The Board amended the original order, finding the employer waived its right to object to the applicant's spinal surgery due to a failure to timely object to the proposed treatment. However, the Board denied the applicant's request for a penalty under Labor Code section 5814 and attorney's fees under section 5814.5, as the issue of a penalty was not appropriate for an expedited hearing and there was insufficient evidence of unreasonable delay. The matter was returned to the trial level.

Workers' Compensation Appeals BoardStanislaus County Housing AuthorityInnovative Claims SolutionsChristine HeldADJ7433185ADJ7605177ADJ7632504Fresno District OfficeOpinion and Decision After ReconsiderationFindings of Fact and Order
References
Case No. LAO 0784107
Regular

THELMA CUADRA vs. COMMUNITY HOME CARE, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, CHRISTINE GATES, FIREMAN'S FUND INSURANCE COMPANY

This case involves a worker's compensation claim for an admitted industrial injury sustained in 2000. The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior ruling that dismissed CIGA and found Fireman's Fund liable. The WCAB rescinded the prior decision and returned the matter to the trial level for further development of the record. This is necessary because neither party provided sufficient evidence, specifically insurance policies, to determine if Fireman's Fund coverage constitutes "other insurance" which would affect CIGA's liability.

Workers' Compensation Appeals BoardCalifornia Insurance Guarantee AssociationCIGACredit General Insurance CompanyFireman's Fund Insurance CompanyCommunity Home CareChristine GatesGeneral EmployerSpecial EmployerIndustrial Injury
References
Case No. ADJ25889773 (SRO 0125150) ADJ2310836 (SRO 0125151) ADJ 4628741 (SRO 0127006)
Regular
Nov 24, 2008

JOSE SANCHEZ vs. AMY'S KITCHEN, ZURICH NORTH AMERICA, SECURITY INSURANCE, COMPANY OF HARTFORD SUCCESSOR TO CONNECTICUT INDEMNITY, Adjusted by CAMBRIDGE AND MAJESTIC INSURANCE COMPANY

This Workers' Compensation Appeals Board case concerns a dispute over the distribution of $75,000 in attorney's fees awarded in a compromise and release agreement. The applicant's former counsel, Kneisler Law Firm, filed a lien for fees, but the original approval order did not specify how these fees would be divided with the applicant's current counsel. The Board granted reconsideration to amend the order, clarifying that the prior attorney's lien shall be paid out of the $75,000 award, with the exact amount to be adjusted by the parties. Jurisdiction is reserved for further proceedings if the parties cannot agree on the division.

Workers' Compensation Appeals BoardAmy's KitchenZurich North AmericaSecurity Insurance Company of HartfordConnecticut IndemnityCambridge Insurance CompanyMajestic Insurance CompanyPetition for ReconsiderationCompromise and ReleaseAttorneys' Fees
References
Case No. ADJ2663934 (LAO 0777281)
Regular
Nov 24, 2008

LATOSHA HARRIS vs. AMI STAFFING, CALIFORNIA GUARANTEE INSURANCE ASSOCIATION For SUPERIOR NATIONAL INSURANCE CO., in liquidation, LIQUID CONTAINER, INC., CENTENNIAL INSURANCE/ATLANTIC MUTUAL

The Appeals Board vacated its prior order granting reconsideration and dismissed the employer's petition because the underlying WCJ's order was not a final, appealable decision. The Board then granted removal, rescinded the WCJ's order, and returned the case to the trial level. This action was taken because the WCJ improperly referred issues not subject to mandatory arbitration under Labor Code § 5275(a) to arbitration.

Workers Compensation Appeals BoardCIGACentennial InsuranceAMI StaffingLiquid ContainerInc.Superior National InsurancePetition for ReconsiderationPetition for RemovalLabor Code § 5275(a)
References
Case No. ADJ8924427
Regular
Oct 10, 2014

JAVIER CHAVARRIA vs. JUAN RAMON VASQUEZ doing business as JRV CONSTRUCTION, INC., TOWER SELECT INSURANCE, CHRISTINE BAKER, DIRECTOR OF THE CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS, as administrator of the UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Workers' Compensation Appeals Board (WCAB) dismissed Tower Select Insurance's petition for removal due to multiple procedural defects. The petition, styled as a request to reset trial dates and strike the record, was not properly verified as required by WCAB Rule 10450(e). Furthermore, the petition lacked specific references to the record and legal principles, violating WCAB Rule 10846. The WCAB also noted that reconsideration is only available for final orders, and this petition did not meet that criterion.

WORKERS' COMPENSATION APPEALS BOARDJAVIER CHAVARRIAJUAN RAMON VASQUEZJRV CONSTRUCTIONTOWER SELECT INSURANCECHRISTINE BAKERUNINSURED EMPLOYERS BENEFITS TRUST FUNDPetition for RemovalWCJReport and Recommendation
References
Case No. ADJ7283860
Regular
Oct 12, 2016

AMY ADAMS vs. TROIKA ENTERTAINMENT, LLC

The Workers' Compensation Appeals Board dismissed Amy Adams' Petition for Reconsideration, finding the WCJ's decision was not a "final" order as it only addressed an interlocutory procedural or evidentiary issue. The Board also denied the Petition for Removal, stating Adams failed to demonstrate substantial prejudice or irreparable harm if removal was not granted. Removal is an extraordinary remedy granted only in limited circumstances. Therefore, the Board upheld the WCJ's decision by dismissing and denying the petitions.

Petition for ReconsiderationPetition for RemovalFinal OrderSubstantive Right or LiabilityThreshold IssueInterlocutory Procedural DecisionEvidentiary IssueExtraordinary RemedySubstantial PrejudiceIrreparable Harm
References
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