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

Case No. ADJ11991353
Regular
Mar 30, 2020

TEOFILA DICKERSON vs. ALBERTSONS HOLDINGS

The Appeals Board dismissed the applicant's Petition for Removal, finding it moot. While the WCJ erred by not addressing the medical treatment issue at the expedited hearing, a subsequent Findings and Award was issued without challenge. This award determined temporary disability, rendering the prior dispute regarding treatment resolution moot for now. The Board advises filing a new DOR if disputes arise, as the WCJ must address all issues presented.

Petition for RemovalPrimary Treating PhysicianExpedited HearingMedical TreatmentFindings and AwardTemporary DisabilityDeclaration of Readiness to Proceed (DOR)MootLabor Code section 5313Appeals Board en banc
References
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
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
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
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
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
Case No. LBO 0298100
Regular
Jul 17, 2007

JEROME KIMBEL vs. HCI/LOMBARDI HOLDINGS

This case involves a worker's compensation appeal where the employer's name and insurance status were corrected from "Hood Corporation, insured by Claim Quest" to "HCI/Lombardi Holdings, permissibly self-insured." The Board granted reconsideration to amend the award to reflect the correct defendant and to credit the employer for temporary disability payments already made. The core finding of industrial injury and the period of temporary disability remain affirmed.

Workers' Compensation Appeals BoardPermissibly Self-InsuredClaim QuestHCI/Lombardi HoldingsReconsiderationFindings Award and OrderTemporary Disability IndemnityDate of InjuryAttorney's FeesCredit for Payments
References
Case No. ADJ6573016
Regular
Feb 05, 2020

NANCY SWINNEY vs. SALLY BEAUTY HOLDINGS, INC., ACE AMERICAN INSURANCE CO.

The Workers' Compensation Appeals Board has rescinded its January 3, 2019 decision in Nancy Swinney v. Sally Beauty Holdings, Inc. This action was taken because the parties have reached a proposed settlement while the case was pending reconsideration. The matter is now returned to the trial level for the Workers' Compensation Judge to review the settlement proposal. This order is not a final determination on the merits of the appealed issues.

Workers' Compensation Appeals BoardReconsiderationSettlementRescinded DecisionReturned to Trial LevelProposed SettlementFindings and OrderAdministrative Law JudgeCal. Code Regs.tit. 8
References
Case No. ADJ1957595 (SFO 0510728)
Regular
Oct 29, 2010

MOHSEN ALHUNITI (Deceased), NEHAYA ALHUNITI, Individually and as Guardian Ad Litem and Trustee for OMAR ALHUNITI and JASMINE ALHUNITI, HAIRICH AWARTANI vs. SEARS HOLDING CORPORATION

This case involves Mohsen Alhunti's dependents seeking workers' compensation benefits from Sears Holding Corporation. The Workers' Compensation Appeals Board denied a petition for reconsideration. The denial adopted the reasoning of the workers' compensation administrative law judge, upholding the original decision.

WORKERS' COMPENSATION APPEALS BOARDMOHSEN ALHUNITINEHAYA ALHUNITIOMAR ALHUNITIJASMINE ALHUNITIHAIRICH AWARTANISEARS HOLDING CORPORATIONADJ1957595ORDER DENYING RECONSIDERATIONPetition for Reconsideration
References
Case No. ADJ8782740
Regular
Jul 28, 2014

Nora Watkins vs. Centinela Freeman Holdings, Inc., Del Rey Hospital, National Union Fire Insurance Company of Pittsburgh, Sedgwick

The Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration in *Watkins v. Centinela Freeman Holdings, Inc.* The Board found that reconsideration was necessary due to statutory time constraints and the need for further study of the factual and legal issues. This action will allow the WCAB to thoroughly understand the record and issue a just decision. Pending the decision after reconsideration, all future communications must be filed in writing with the WCAB Commissioners' office in San Francisco, not with the district office or via e-filing.

Petition for ReconsiderationGranting PetitionWorkers' Compensation Appeals BoardCentinela Freeman HoldingsInc.Del Rey HospitalNational Union Fire Insurance CompanySedgwickADJ8782740Santa Ana District Office
References
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