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

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ8944782
Regular
Sep 24, 2015

MARLYN HERNANDEZ vs. PINK HOUSE IMPORTS, LLC, PROCENTURY INSURANCE COMPANY

Citywide Scanning Service, Inc. sought reconsideration of discovery orders denying its objections, but the Workers' Compensation Appeals Board dismissed its petition. The Board found that the orders were interlocutory and thus not subject to reconsideration. Furthermore, Citywide, not being a party to the underlying case and not demonstrating lien claimant status, lacked standing to object or file the petition. The Board clarified that the proper procedure for contesting interlocutory discovery orders is a petition for removal, but only parties aggrieved may file it.

Petition for ReconsiderationPetition to QuashSubpoena Duces TecumStandingFinal OrderInterlocutory OrderDiscovery MattersLien ClaimantWCAB Rule 10843Petition for Removal
References
Case No. ADJ10084051
Regular
Oct 14, 2019

LIDIO LEONEL TORRES vs. KML SERVICES INC., STATE COMPENSATION INSURANCE FUND

CareMeridian, LLC, a healthcare provider, sought to set aside an approved Workers' Compensation Appeals Board (WCAB) compromise and release (C&R) agreement that resolved the applicant's future medical care. CareMeridian argued it was an aggrieved party and was denied due process regarding payment for its services. The WCAB denied the petition, finding CareMeridian was not a party to the C&R and therefore not entitled to notice or a hearing at the time of its approval. Furthermore, the Board determined that CareMeridian lacked standing to challenge the C&R's adequacy, as the applicant and insurer had the statutory right to compromise their liabilities.

Compromise and ReleasePetition for ReconsiderationAggrieved PartyStandingDue ProcessMedical Provider LienSkeleton PetitionNon-PartyNoticeOpportunity to Be Heard
References
Case No. ADJ9407205
Regular
Jan 05, 2018

ELLIE KAUCHER vs. PACIFIC OAKS EDUCATION CORP., TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board dismissed a lien claimant's Petition for Removal because no order dismissing their lien had been issued, rendering them not aggrieved. Additionally, the petition was dismissed for failing to include proof of service on an adverse party, which is a statutory requirement. The lien claimant failed to appear at a lien conference, prompting a Notice of Intention to Dismiss, but no actual dismissal order was made. Therefore, the Board found the petition procedurally defective and without merit.

Petition for RemovalLien ClaimantOrder of Dismissing LienWorkers' Compensation Appeals BoardNotice of Intention to Dismiss LienProof of ServiceAdverse PartyLabor Code Section 5905Aggrieved PartyLien Conference
References
Case No. ADJ6645567
Regular
Mar 26, 2012

DARLENE BERKE vs. BLOOMINGDALES, MACYS CORPORATE SERVICES

This case concerns a dispute over the disqualification of a Qualified Medical Evaluator (QME), Dr. Monosson, due to alleged ex parte communication initiated by the doctor regarding deposition fees. The Appeals Board dismissed the applicant's Petition for Reconsideration because the underlying finding was not a final order. However, the Board granted removal and rescinded the disqualification, ruling that Dr. Monosson was not disqualified. The Board emphasized that Labor Code section 4062.3(f) and CCR, Title 8, Section 35(k) protect the aggrieved party's election rights, and here, the applicant, the aggrieved party, did not seek a new QME.

Panel Qualified Medical EvaluatorDisqualificationEx Parte CommunicationPetition for ReconsiderationPetition for RemovalLabor Code Section 4062.3Aggrieved PartyMedical ReportsDeposition FeesPrepayment
References
Case No. ADJ2746818
Regular
Dec 16, 2019

GUSTAVO VELA vs. CAFE MIDI. INC, EMPLOYERS COMPENSATION ISURANCE COMPANY

This case involves a Petition for Reconsideration filed by Technology Insurance Company (Petitioner), a non-party, challenging an Order Approving Compromise and Release (OACR) concerning applicant Gustavo Vela. Petitioner sought to set aside the OACR, alleging denial of due process due to an unrelated, subsequent claim involving Petitioner. The Appeals Board dismissed the Petition, primarily because it was filed untimely, exceeding the 25-day jurisdictional deadline after Petitioner received the OACR. Furthermore, even if timely, the Petition would have been dismissed for lack of standing as Petitioner was not a party to the original settlement.

Workers' Compensation Appeals BoardPetition for ReconsiderationCompromise and ReleaseOrder Approving Compromise and Releaseaggrieved personLabor Code section 5900due processcumulative trauma claimadministrative law judgeuntimely petition
References
Case No. LAO 0786011
Regular
Nov 16, 2007

ISRAEL GALINDO (Deceased) vs. PDQ PERSONNEL SERVICES, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, COUNTY OF LOS ANGELES

The Workers' Compensation Appeals Board dismissed the County of Los Angeles' petition to set aside an order approving a compromise and release agreement. The County lacked standing because it was not a party to the agreement and therefore not directly aggrieved by the order. The Board clarified that the County may petition for reconsideration in the future if it is aggrieved by a final order.

Workers' Compensation Appeals BoardCalifornia Insurance Guarantee AssociationSuperior National Insurance CompanyliquidationCompromise and ReleaseGuardian ad LitemPetition for ReconsiderationPetition to Set Asideremovallack of mutual consideration
References
Case No. ADJ4550304 (LBO 0307290)
Regular
Sep 25, 2008

ANTHONY SANKEY vs. LOVCO CONSTRUCTION, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, INTERCARE INSURANCE SERVICES, SUPERIOR NATIONAL INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed a lien claimant's petition for reconsideration primarily because it was not properly served on the applicant and their attorney, violating due process rights. The Board also found the lien claimant was not yet aggrieved, as the stipulations did not resolve his lien, and jurisdiction was reserved for its adjustment. Therefore, the petition was dismissed for failure to serve and for lack of standing as an aggrieved party at this stage.

Petition for ReconsiderationLien claimantStipulationsPermanent disabilityWithdrawal with prejudicePsyche/stress injuryAdverse effectUnbiased testimonyMedical evidenceTimely filed
References
Case No. OAK 0278433 OAK 0295169 OAK 0307341 OAK 0307342 OAK 0307343 OAK 0321700
Regular
Jul 06, 2007

LATONIA PACE vs. COUNTY OF ALAMEDA/SEDGWICK CLAIMS MANAGEMENT SERVICES, INC., and COUNTY OF ALAMEDA/AIG/ TRISTAR RISK MANAGEMENT

This case involves a petition for reconsideration filed by Defendant AIG concerning prior workers' compensation decisions. The Appeals Board dismissed AIG's petition because AIG was not newly aggrieved by the Board's prior order, which affirmed the original judge's decision without amendment. AIG failed to timely petition for reconsideration of the initial judge's decision, and therefore, cannot now seek review of it through this petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissedCumulative TraumaBilateral ShouldersUpper BackBilateral Upper ExtremitiesPermanent DisabilityWCJ Findings and AwardAggrieved Party
References
Case No. VNO 517978
Regular
Feb 08, 2008

CARMEN HERNANDEZ vs. CAROUSEL INN \u0026 SUITES, CYPRESS INSURANCE COMPANY

Universal Psychiatric Medical Center's petition for reconsideration is dismissed as they are not currently aggrieved by the WCAB's order. The WCAB clarified that the petitioner never formally filed a lien claim and was not a party to the original lien trial, thus lacking standing. To pursue their claim for services rendered, Universal Psychiatric Medical Center must first file a proper lien with supporting documentation.

WCABPetition for ReconsiderationDismissedLien ClaimLabor Code section 10562(e)Universal Psychiatric Medical CenterWCJItemized BillGreen LienAuthorized Treating Physician
References
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