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

Case No. ADJ9242952, ADJ9242953
Regular
Mar 08, 2018

KERRINA CRAGUN vs. VARGO PHYSICAL THERAPY, INC., TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

This case involves the applicant's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision that excluded several key exhibits. The WCAB granted reconsideration to re-examine the admissibility of evidence, specifically concerning Utilization Review (UR) and Independent Medical Review (IMR) determinations. The WCAB affirmed the original award but amended it to defer rulings on exhibit admissibility and the validity of the July 19, 2016 UR determination. The matter is returned to the WCJ for further proceedings on these deferred issues.

Workers Compensation Appeals BoardPetition for ReconsiderationJoint Findings Award OrdersWorkers Compensation Administrative Law JudgeUtilization ReviewIndependent Medical ReviewRequest for AuthorizationLabor Code Section 5814.5Stipulations With Request for AwardPenalties
References
5
Case No. ADJ7618189
Regular
Nov 26, 2012

RUBEN OROZCO vs. EXACT STAFF, INC.; TOWER/NSM INSUREX, Administered by YORK INSURANCE SERVICES GROUP

This case involves lien claimants Anderson Chiropractic and Santana Lopez seeking reconsideration of an order disallowing their liens. The Workers' Compensation Appeals Board granted reconsideration because a crucial exhibit, Exhibit 6, was incomplete in the record. Lien claimants are ordered to file a complete copy of Exhibit 6 within 10 days to allow the Board to properly review the case. This action is necessary for the Board to study the facts and applicable law concerning the disallowed liens.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien claimantsFindings and OrdersDisallowed liensExhibit 6Administrative law judgeWCJSupplemental pleadingSan Francisco
References
0
Case No. ADJ8583264, ADJ8583294
Regular
Aug 01, 2019

MARICELA MACEDO vs. KINGSBURG APPLE PACKERS, INC., ZENITH INSURANCE

Here's a concise summary for a lawyer: The Workers' Compensation Appeals Board denied a lien claimant's petition to disqualify the judge. The claimant alleged bias based on the judge's statements regarding late-filed exhibits and a violation of due process for not admitting their trial exhibits. The Board found no evidence of an unqualified opinion or enmity sufficient for disqualification. Furthermore, the issue of exhibit admissibility was deemed premature as the judge had not yet made a decision.

Lien claimantDisqualificationWCJDue processTrial exhibitsPre-trial ordersEx parte communicationPetition for reconsiderationOrder vacating submissionLabor Code section 4622
References
0
Case No. ADJ9149274
Regular
Aug 09, 2018

JACQUELINE BOWLER vs. AC TRANSIT, YORK RISK SERVICES GROUP, INC.

This Workers' Compensation Appeals Board decision grants reconsideration to admit defense Exhibit A into evidence. The applicant argued the temporary disability rate was too low and that the WCJ failed to rule on Exhibit A's admissibility. The Board affirmed the WCJ's award of $700.00 per week for temporary disability, finding it consistent with the applicant's earnings at the time of injury, but overruled the objection to Exhibit A. The Board also ordered reimbursement to the EDD for benefits paid.

Petition for ReconsiderationFindings and AwardTemporary Total DisabilityTemporary Disability Indemnity RateLabor Code section 4661.5Average Weekly WageExhibit A admissibilityPetition for Attorney's FeesWCJ ReportDecision After Reconsideration
References
0
Case No. ADJ7159838 ADJ7550047
Regular
Jul 29, 2014

ALMA PELAYO vs. ASSOCIATED LIEN SERVICES

Applicant Alma Pelayo sought reconsideration of a prior decision that found no violation of Labor Code section 132(a) and ordered her to take nothing further. Pelayo argued the judge erred in this finding and in failing to rule on the admissibility of her Exhibit 15. The Appeals Board granted reconsideration solely to admit Pelayo's Exhibit 15 and defendant's Exhibits A1, A2, and A3. The Board otherwise affirmed the original decision, meaning Pelayo still takes nothing further.

Workers' Compensation Appeals BoardLabor Code section 132(a)Findings and OrderPetition for ReconsiderationWCJApplicant's Exhibit 15Defendant's Exhibits A1A2A3admissible evidence
References
0
Case No. ADJ8944426, ADJ8942895
Regular
Dec 22, 2014

DAVID POSHOGLYAN vs. HOLLIDAY ROCK COMPANY, INC., INSURANCE COMPANY OF THE WEST, XL SPECIALTY INSURANCE COMPANY

The Workers' Compensation Appeals Board denied reconsideration of a decision finding applicant sustained injury arising out of and in the course of employment. Defendants argued certain exhibits were improperly admitted due to lack of service and that the decision was vague. The Board adopted the WCJ's report, which found the exhibits were properly admitted or any error was harmless, and that the decision adequately addressed the stipulated facts. The WCJ's report detailed why the exhibits were admissible despite service issues and explained that further clarification on body parts or liability was not required at this stage of the proceedings.

ADJ8944426ADJ8942895PoshoglyanHolliday Rock CompanyInsurance Company of the WestXL Specialty Insurance CompanySedgwickPetition for ReconsiderationDeniedWCJ Report
References
0
Case No. MISSING
Regular Panel Decision

Maliqi v. 17 East 89th Street Tenants, Inc.

The court addresses motions in limine concerning the admissibility of evidence related to the plaintiff's immigration status, future lost wages, and medical expenses in a workplace injury case. The plaintiff, an undocumented political asylum seeker named Maliqi, was injured while working. The court ruled that while the plaintiff's immigration status is relevant for the jury to consider potential economic realities if he is deported, it cannot be used to argue that his status prohibits awards for future lost wages or medical expenses. Furthermore, the defendant is precluded from asserting that the plaintiff was working illegally at the time of the accident. The court also permitted expert testimony from an economist regarding future damages but denied the admission of testimony from the plaintiff's immigration counsel as an expert.

Workplace InjuryUndocumented WorkerPolitical AsylumImmigration StatusLost WagesMedical ExpensesEvidence AdmissibilityMotions in LimineExpert TestimonyEconomic Damages
References
13
Case No. STK 189258
Regular
Jul 16, 2007

JUAN CARLOS SOLANO vs. FARIA DAIRY, INC., ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration to clarify the admissibility of medical reports due to a clerical error in exhibit designations. The Board affirmed the original Finding and Order, which denied the applicant's claim for industrial injury to his pulmonary system, chest, and psyche. The amended order simply corrected the exhibit numbers for specific medical reports.

WCABreconsiderationindustrial injurypulmonary systempsychemilkerFaria DairyZenith Insuranceadministrative law judgeclerical error
References
0
Case No. ADJ557211 (LBO 0376159)
Regular
Jul 09, 2012

SUSAN SWANSON vs. JEB INDUSTRIES, INC., CHARTIS, INC.

The Appeals Board granted reconsideration of the WCJ's decision due to improper admission of crucial evidence, specifically exhibits 33 and 36. The WCJ's opinion incorrectly stated these exhibits were admitted when they were only marked for identification. Because the parties' arguments heavily relied on these documents, and the WCJ's decision lacked clear citation to admitted evidence, the Appeals Board rescinded the original award. The case is returned to the trial level for proper evidentiary rulings and a new decision based on a complete record.

Workers' Compensation Appeals BoardFindings Award and OrderPetition for ReconsiderationApportionmentMedical TreatmentPsychiatric Consultation ReportForensic Vocational Evaluation ReportSubstantial EvidenceAdmitted EvidenceLabor Code Section 5313
References
4
Case No. ADJ8012703, ADJ1016830 (LAO 0881773)
Regular
Oct 13, 2016

STANLEY THOMAS vs. L3 COMMUNICATIONS CORPORATION, ACE USA PROPERTY AND CASUALTY

The Workers' Compensation Appeals Board granted reconsideration to admit applicant's Exhibit 3 (DWC-1 dated December 28, 2010) into evidence. However, the Board otherwise affirmed the Administrative Law Judge's prior Findings and Order. The Judge had found that the applicant did not sustain injury arising out of or in the course of employment for various body parts. The Board adopted the Judge's reasoning, except for a specific sentence regarding attorney negligence, and denied the admission of Exhibits 2 and 4.

Workers' Compensation Appeals BoardApplicantDefendantPetition for ReconsiderationFindings and OrderInjury AOE/COELabor Code section 5402Presumption of CompensabilityDWC-1Medical Legal Report
References
4
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