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

Case No. ADJ4357722 (SBR 0307145) ADJ5714365
Regular
Jun 06, 2012

ANASTASIA JENKINS vs. NEXT ENTERPRISES, INC.

This case involves Anastasia Jenkins' workers' compensation claim against Next Enterprises and the California Insurance Guarantee Association. The Second Appellate District affirmed the Appeals Board's decision that Pinnacle Lien Services could represent multiple lien claimants. The appellate court remanded the case for further proceedings consistent with its opinion. The Appeals Board is now returning the case to the trial level for the workers' compensation judge to conduct necessary proceedings and issue decisions.

ADJ4357722ADJ5714365Anastacia JenkinsNext Enterprises Inc.California Insurance Guarantee AssociationVillanova Insurance liquidationOracle ImagingN-CareNations Surgery CenterPinnacle Lien Services
References
Case No. ADJ2290172
Regular
Apr 26, 2011

LINDA JENKINS vs. FAMILY PRACTICE MEDICAL ASSOCIATES, EMPLOYERS COMPENSATION INSURANCE COMPANY

This case involved applicant Linda Jenkins seeking to reopen her workers' compensation award based on a change in the law following the *Ogilvie* decisions. The WCJ found good cause to reopen, ruling that *Ogilvie* established a new framework for rebutting the diminished future earning capacity (DFEC) component of permanent disability ratings. The defendant argued *res judicata* barred reopening and that *Ogilvie* was merely a clarification, not a change in law. The Appeals Board affirmed the WCJ's decision, holding that *Ogilvie* did indeed represent a significant change in law regarding DFEC rebuttal and permitted the reopening of applicant's case.

Workers' Compensation Appeals BoardReconsiderationFindings & OrderChange in LawOgilvieDiminished Future Earning Capacity (DFEC)RebuttalRes JudicataPermanent DisabilityAMA Guides
References
Case No. ADJ7267487, ADJ8958351
Regular
Mar 28, 2017

DARRYL JENKINS vs. CITY OF LONG BEACH

The Workers' Compensation Appeals Board (WCAB) denied the defendant City of Long Beach's Petition for Removal. The WCAB found that the defendant failed to demonstrate substantial prejudice or irreparable harm justifying this extraordinary remedy. Furthermore, the WCAB concluded that reconsideration would be an adequate remedy should an adverse decision be issued later. The Board also admonished the defendant's attorneys for using inappropriate language in their filing and warned of potential sanctions for future violations.

Petition for RemovalExtraordinary RemedySubstantial PrejudiceIrreparable HarmReconsiderationWCJ ReportSanctionable ConductOffensive LanguageLabor Code Section 5813Appeals Board
References
Case No. ADJ10797237
Regular
Sep 27, 2019

JOHN JENKINS vs. APPLEONE, ACE AMERICAN, GALLAGHER BASSETT

The Workers' Compensation Appeals Board denied the applicant's Petition for Reconsideration, adopting the Administrative Law Judge's (WCJ) report. The Board gave significant weight to the WCJ's credibility determinations based on observing witnesses. The applicant failed to meet the burden of proving industrial causation by a preponderance of the evidence. Therefore, the WCJ's original decision, denying the claim, stands.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportcredibility determinationsburden of proofindustrial causationpreponderance of the evidenceapplicantdefendantVan Nuys District Office
References
Case No. ADJ3257025 (LAO 0731675) ADJ127700 (LAO 0744086)
Regular
Jul 09, 2012

JOSE LUIS ARELLANO vs. R.B.R. MEAT COMPANY, CIGA by BROADSPIRE for SUPERIOR NATIONAL INC. CO.

The Workers' Compensation Appeals Board affirmed a judge's order finding applicant sustained industrial spinal and psychiatric injuries. The Board ruled that CIGA failed to prove Coast Plaza Doctors Hospital's lien claim was not a "covered claim," rejecting CIGA's argument that an assignment to Innovative Medical Management invalidated the claim. This decision aligns with established appellate precedent. Therefore, the original findings and order requiring CIGA and the hospital to adjust the lien remain in effect.

CIGAInsurance Code section 1063.1(c)(9)covered claimlien claimIndustrial InjurySpinePsycheReconsiderationJoint Findings and OrderWCJ
References
Case No. ADJ786458 (OAK 0314027)
Regular
Apr 09, 2009

ANASTACIA MURELLA vs. DEPARTMENT OF INDUSTRIAL RELATIONS, SCIF STATE EMPLOYEES ROHNERT PARK

This case involves a repeated dispute over the reasonableness of a medical lien filed by Bay Surgery Center. After three trials and two previous remands, the Workers' Compensation Appeals Board (WCAB) denied a defendant's petition for reconsideration. The WCAB adopted the workers' compensation judge's report, which found that the lien claimant had the burden to prove reasonableness. The judge ultimately awarded approximately 53% of the requested lien amount, determining this to be an equitable resolution based on various factors and case law.

Workers' Compensation Appeals BoardPetition for ReconsiderationDeniedLien ClaimantFindings and AwardWorkers' Compensation Judge (WCJ)RemandedBay Surgery CenterReasonable ReimbursementBurden of Proof
References
Case No. OAK 0314027
Regular
Jul 30, 2007

ANASTACIA MURELLA vs. DEPARTMENT OF INDUSTRIAL RELATIONS / STATE OF CALIFORNIA, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board rescinded a prior order disallowing a lien claim from Bay Surgery Center (BSC) for surgical services. The Board found that the administrative law judge incorrectly applied the *Kunz* standard for evaluating outpatient surgical facility fees and that the issue of BSC's licensure and fictitious-name permit requirements needed further consideration. The case is remanded to the trial level for a new decision that properly addresses these issues, ensuring compliance with *Stokes* and *Kunz*.

KunzFictitious-name permitBurden of proofLien claimantMedical BoardAmbulatory surgical centerMedicare rateLicensed physicianAccreditationUsual fee
References
Case No. ADJ4519826 (AHM 0143791)
Regular
Oct 19, 2011

DEMAR MARTAY JENKINS vs. ARIZONA CARDINALS, DALLAS COWBOYS, ARIZONA RATTLERS, et al.

The Workers' Compensation Appeals Board granted reconsideration of a WCJ's decision finding California jurisdiction over the applicant's claim against the Arizona Rattlers. The Board found that the contract of hire was not made in California, as the applicant signed the agreement in Arizona and retained the ability to reject it. Therefore, California lacks jurisdiction over the claim against the Arizona Rattlers, and the applicant will take nothing from this defendant.

Workers' Compensation Appeals BoardContract of HireJurisdictionArizona RattlersSCF ArizonaAvizent AnaheimWCJLabor Code Section 5305Labor Code Section 3600.5(a)Laeng v. Workmen's Comp. Appeals Bd.
References
Case No. ADJ2163551 (FRE 0213767) ADJ4481800 (FRE 0213164)
Regular
Oct 04, 2010

KEVIN HODGE vs. JENKINS CONCRETE PUMPING, CALIFORNIA INDEMNITY INSURANCE COMPANY, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION For FREMONT INDEMNITY COMPANY, In Liquidation

This case involves cross-petitions for reconsideration of two separate workers' compensation awards for industrial injuries to the applicant's back, right shoulder, and elbows. The applicant seeks additional findings regarding vocational rehabilitation, penalties, interest, and travel expenses, while CIGA challenges the determination of single vs. dual cumulative traumas and the allocation of awards. The Appeals Board granted reconsideration for both parties, rescinded the original awards, and remanded the case to the trial level for further proceedings to address the contested issues and ensure a fully developed record.

Workers' Compensation Appeals BoardCIGAFremont Indemnity CompanyLiquidationReconsiderationFindings and AwardsCumulative TraumaApportionmentPermanent DisabilityVocational Rehabilitation
References
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