Updated Daily

Case Law Database

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

Case No. ADJ2754082 (ANA 0368835)

Regular

Jul 22, 2010

SPENCER SULLIVAN vs. SULLIVAN HEALTH CARE ENTERPRISES, INC., GRANITE STATE INSURANCE COMPANY, TENET/FOUNTAIN VALLEY REGIONAL HOSPITAL

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of its prior decision affirming a finding that the applicant, Spencer Sullivan, did not sustain an industrial neck injury. This action was prompted by applicant's attorney submitting a letter requesting rescission of the decision due to a pending Compromise and Release (C&R) settlement. Although the WCAB had no record of a prior defense letter regarding settlement, it recognized the C&R's existence. Consequently, the WCAB rescinded its June 23, 2010 decision and the WCJ's May 5, 2009 decision, returning the case to the trial level for the WCJ to review and act upon the C&R.

Workers' Compensation Appeals BoardPetition for ReconsiderationCompromise and ReleaseNunc Pro TuncRescinded DecisionTrial Level ProceedingsRegistered NurseCumulative TraumaGeneral EmployerSpecial Employer

References

Case No. VNO 0450952

Regular

Jan 13, 2007

MARIO CHAMBERS vs. BLUE WATER PLUMBING & FIRE / PROTECTION ADVOCACY, AMERICAN HOME ASSURANCE

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to a lien claimant after their lien was disallowed without a hearing, finding the administrative law judge's (ALJ) order to be procedurally defective. The WCAB held that the claimant was entitled to due process, including notice and an opportunity to be heard on the merits of their claim, which was not afforded. Consequently, the WCAB rescinded the disallowance order and returned the case to the trial level for further proceedings, also noting the possibility of sanctions for the claimant's failure to appear.

Workers Compensation Appeals BoardLien ClaimantReconsiderationDisallowed LienAdministrative Law JudgeCompromise and ReleaseDue ProcessNoticeOpportunity to Be HeardSanctions

References

Case No. ADJ886832 (VNO 0463817) ADJ7239162 ADJ7559804

Regular

Apr 17, 1977

MARGOT LOWE vs. SAV-ON DRUGS and SEDGWICK CMS, CVS and GALLAGHER BASSETT

The Appeals Board dismissed Sav-On Drugs' Petition for Reconsideration because it was not taken from a "final" order, but rather an interlocutory procedural decision. The Board also denied the petition for removal, finding no showing of substantial prejudice or irreparable harm. This denial does not preclude Sav-On from raising its objections in a future petition for reconsideration of a final decision. The Board specifically noted that the disputed advocacy letter to the Agreed Medical Evaluator did not appear to affect the AME's findings.

Petition for ReconsiderationDenying RemovalFinal OrderSubstantive RightThreshold IssueInterlocutory OrderAgreed Medical EvaluatorAdvocacy LetterLabor Code Section 4062.3Substantial Prejudice

References

Case No. ADJ10887066 ADJ10887074

Regular

Nov 14, 2018

RAUL JUAREZ vs. EB DESIGN, INC., THE HARTFORD INSURANCE

This case concerns defendant's ex parte communication with a QME, specifically sending surveillance video and an advocacy letter without proper notice. The WCAB granted removal, rescinded the trial judge's order striking the QME report, and remanded the case. The Board clarified that WCAB Rule 10507 extends the timeframe for applicant to object to non-medical records, but not the defendant's initial service deadline under Labor Code section 4062.3(b).

RemovalJoint Findings of FactOrder and Opinion on DecisionQualified Medical EvaluatorQME panelorthopedic surgerystrickeninadmissibleLabor Code section 4062.3ex parte communication

References

Case No. ADJ11262392

Regular

Mar 08, 2019

JUAN CARLOS GONZALEZ vs. REAL TIME STAFFING SERVICES, LLC, EXCEL INSURANCE AMERICA, INC.

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration because it was not filed from a final order. However, the WCAB granted the applicant's petition for removal, rescinded the WCJ's findings, and returned the case to the trial level. This action was taken because the record was incomplete, lacking crucial medical records and evidence of service, preventing meaningful review and a proper decision. The WCAB emphasized the need for a developed record and encouraged the parties to resolve the dispute regarding the advocacy letter informally.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalPanel Qualified Medical EvaluatorPQME advocacy letterSanctionsFindings and Notice of IntentInterlocutory orderFinal orderAdmitted evidence

References

Case No. ADJ356153 (LAO 0887403)

Regular

May 21, 2009

SANTIAGO IBARRA vs. ABM INDUSTRIES, INC., Administered By ESIS

The Workers' Compensation Appeals Board (WCAB) dismissed defendant ABM Industries' Petition for Reconsideration because the WCJ's order compelling a new QME panel was interlocutory, not a final determination of substantive rights. The WCAB also denied defendant's request for removal, finding no substantial prejudice or irreparable harm to justify the extraordinary remedy. The WCJ's prior order had denied defendant's request to compel a medical evaluation and ordered a new QME panel due to concerns about defendant's advocacy letter to the original QME. The WCAB adopted the WCJ's reasoning, deeming the interlocutory procedural order not subject to reconsideration.

Workers' Compensation Appeals BoardABM IndustriesInc.ESISSantiago IbarraPetition for ReconsiderationDenial of RemovalQualified Medical EvaluatorQME paneladvocacy letter

References

Case No. ADJ944426(VNO 0538295); ADJ7895528

Regular

Jul 03, 2012

DANIEL BELLING vs. UNITED PARCEL SERVICE, LIBERTY MUTUAL INSURANCE

Applicant's attorney sent a letter to the judge expressing concern about receiving a "fair shake" in discovery proceedings, which the judge construed as a Petition for Disqualification. However, the applicant's attorney subsequently clarified they did not intend to file such a petition. The Appeals Board dismissed the letter, deeming it insufficient to establish grounds for disqualification. The judge's report detailed the procedural history and found no bias, noting the letter lacked specific facts to support disqualification.

Petition for DisqualificationLabor Code section 5311WCJStatus ConferenceDiscovery proceedingsPetition for RemovalDeclaration of Readiness to ProceedPriority ConferenceAOE/COEMotion to Quash Deposition

References

Case No. ADJ1070549 (SAC 0354129)

Regular

Sep 01, 2010

LISA ROGERS vs. NOBEL LEARNING COMMUNITIES/ MERRYHILL; CHUBB GROUP for FEDERAL INSURANCE

Applicant Lisa Rogers filed a letter requesting the disqualification of the workers' compensation administrative law judge, alleging unprofessional conduct and a conflict of interest. The Workers' Compensation Appeals Board (WCAB) construed this letter as a petition for disqualification. However, the WCAB dismissed the petition because it was unverified, not properly served on all parties, and failed to comply with procedural requirements. Therefore, the WCAB ordered the petition for disqualification dismissed.

Petition for DisqualificationWCAB Rule 10844WCAB Rule 10850Labor Code Section 5311WCAB Rule 10452Unrepresented ApplicantRude and UnprofessionalConflict of InterestPresiding Judge Joel HarterAdministrative Law Judge

References

Case No. ADJ4098273 (ANA 0399921)

Regular

Apr 08, 2011

SHARIF EL KATAN vs. BASSETT BUSINESS SERVICES, INC., CORVEL SACRAMENTO

This case involves an unrepresented applicant who sent an unsigned letter to the Workers' Compensation Appeals Board (WCAB) alleging discrimination by the assigned judge due to "mean look and angry voice." The WCAB dismissed the letter, construed as a petition for removal, because the applicant failed to identify an aggrieved "order or decision, or . . . action in issue." Additionally, the WCAB denied the petition for disqualification, adopting the judge's reasoning for doing so. The case remains set for trial.

Petition for removalPetition for disqualificationWCABWorkers' Compensation Appeals BoardWCJAdministrative Law JudgeGovernor Jerry BrownBassett Business ServicesInc.Corvel Sacramento

References

Case No. ADJ3119223

Regular

Aug 28, 2013

ALEXANDER ALLEN vs. SONOMA VALLEY UNIFIED SCHOOL DIST., permissibly self-insured, administered by REDWOOD EMPIRE SCHOOLS INSURANCE GROUP

The Workers' Compensation Appeals Board rescinded a prior decision, finding that the defendant school district properly served utilization review denial letters for a health club membership. Although the applicant's attorney had changed addresses, the defendant was not notified and sent the letters to the last known address on file with the Board. Despite conflicting medical opinions, the Board found that a gym membership for pool therapy was reasonable and necessary treatment for the applicant's industrial injury.

Workers' Compensation Appeals BoardUtilization ReviewService of ProcessMedical TreatmentHealth Club MembershipPool TherapyQualified Medical EvaluatorSubstantial EvidencePetition for ReconsiderationFindings and Orders

References

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Updated Daily

Case Law Database

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

Case No. ADJ2754082 (ANA 0368835)

Regular

Jul 22, 2010

SPENCER SULLIVAN vs. SULLIVAN HEALTH CARE ENTERPRISES, INC., GRANITE STATE INSURANCE COMPANY, TENET/FOUNTAIN VALLEY REGIONAL HOSPITAL

References

Case No. VNO 0450952

Regular

Jan 13, 2007

MARIO CHAMBERS vs. BLUE WATER PLUMBING & FIRE / PROTECTION ADVOCACY, AMERICAN HOME ASSURANCE

Workers Compensation Appeals BoardLien ClaimantReconsiderationDisallowed LienAdministrative Law JudgeCompromise and ReleaseDue ProcessNoticeOpportunity to Be HeardSanctions

References

Case No. ADJ886832 (VNO 0463817) ADJ7239162 ADJ7559804

Regular

Apr 17, 1977

MARGOT LOWE vs. SAV-ON DRUGS and SEDGWICK CMS, CVS and GALLAGHER BASSETT

Petition for ReconsiderationDenying RemovalFinal OrderSubstantive RightThreshold IssueInterlocutory OrderAgreed Medical EvaluatorAdvocacy LetterLabor Code Section 4062.3Substantial Prejudice

References

Case No. ADJ10887066 ADJ10887074

Regular

Nov 14, 2018

RAUL JUAREZ vs. EB DESIGN, INC., THE HARTFORD INSURANCE

RemovalJoint Findings of FactOrder and Opinion on DecisionQualified Medical EvaluatorQME panelorthopedic surgerystrickeninadmissibleLabor Code section 4062.3ex parte communication

References

Case No. ADJ11262392

Regular

Mar 08, 2019

JUAN CARLOS GONZALEZ vs. REAL TIME STAFFING SERVICES, LLC, EXCEL INSURANCE AMERICA, INC.

References

Case No. ADJ356153 (LAO 0887403)

Regular

May 21, 2009

SANTIAGO IBARRA vs. ABM INDUSTRIES, INC., Administered By ESIS

Workers' Compensation Appeals BoardABM IndustriesInc.ESISSantiago IbarraPetition for ReconsiderationDenial of RemovalQualified Medical EvaluatorQME paneladvocacy letter

References

Case No. ADJ944426(VNO 0538295); ADJ7895528

Regular

Jul 03, 2012

DANIEL BELLING vs. UNITED PARCEL SERVICE, LIBERTY MUTUAL INSURANCE

References

Case No. ADJ1070549 (SAC 0354129)

Regular

Sep 01, 2010

LISA ROGERS vs. NOBEL LEARNING COMMUNITIES/ MERRYHILL; CHUBB GROUP for FEDERAL INSURANCE

References

Case No. ADJ4098273 (ANA 0399921)

Regular

Apr 08, 2011

SHARIF EL KATAN vs. BASSETT BUSINESS SERVICES, INC., CORVEL SACRAMENTO

Petition for removalPetition for disqualificationWCABWorkers' Compensation Appeals BoardWCJAdministrative Law JudgeGovernor Jerry BrownBassett Business ServicesInc.Corvel Sacramento

References

Case No. ADJ3119223

Regular

Aug 28, 2013

ALEXANDER ALLEN vs. SONOMA VALLEY UNIFIED SCHOOL DIST., permissibly self-insured, administered by REDWOOD EMPIRE SCHOOLS INSURANCE GROUP

References

Showing 1-10 of 98 results

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