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Case Law Database

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

Case No. ADJ4665750
Regular
Oct 07, 2011

MARTIN ROJAS vs. ANHEUSER BUSCH, CHARTIS CLAIMS INC.

Here's a summary for a lawyer in four sentences: The applicant sought reconsideration of an order taking the matter off calendar, claiming unspecified alterations were made to a signed Compromise and Release Agreement. The Board dismissed the petition, as reconsideration can only be sought for a final order, decision, or award. An order taking a matter off calendar is not a final order as it does not determine substantive rights or liabilities. The applicant may still raise issues regarding the unapproved Compromise and Release Agreement at trial.

Workers' Compensation Appeals BoardPetition for ReconsiderationCompromise and Release AgreementOrder taking off calendarFinal orderSubstantive rights and liabilitiesWCJ approvalTrial levelIn pro perChartis Claims Inc.
References
Case No. ADJ2858053 (SAC 322872)
Regular
Jan 22, 2009

RENEE K. ROBLES vs. ANHEUSER-BUSCH INC., SPECIALTY RISK SERVICES

The Appeals Board affirmed the WCJ's decision to impose a penalty on the defendant for unreasonably delaying medical care, but rescinded the award of attorney's fees as both a percentage of the penalty and pursuant to section 5814.5, allowing them only pursuant to section 5814.5.

Workers' Compensation Appeals BoardAnheuser BuschInc.specialty risk servicesindustrial injuryhead injuryneuropsychiatric symptom complexdiagnostic testingutilization reviewunreasonable delay
References
Case No. ADJ8584353 ADJ8661296
Regular
Sep 26, 2016

ROBERTO TAPIA vs. ANHEUSER-BUSCH BEACH CITIES, ACE AMERICAN INSURANCE COMPANY

This case involves applicant Roberto Tapia's petition for reconsideration of a workers' compensation award, which was denied. The Board upheld the finding that Tapia sustained work-related injuries and affirmed the temporary and permanent disability indemnity awarded. Tapia's arguments regarding an increased permanent disability rate and entitlement to a job displacement voucher were rejected due to a prior stipulation and failure to follow proper procedure, respectively. Other claims were deemed outside the scope of a reconsideration petition.

Workers' Compensation Appeals BoardAnheuser-BuschACE American Insurance CompanySedgwick RiversideRoberto TapiaFindings and AwardTemporary Disability IndemnityPermanent Disability IndemnitySubsequent Job Displacement BenefitPetition for Reconsideration
References
Case No. ADJ3849676 (AHM 0147658) ADJ1948081 (AHM 0147721)
Regular
Feb 14, 2011

ROBERT LEON vs. RF DEVELOPMENT & BUSCH CORPORATION, LINCOLN GENERAL INSURANCE

In this workers' compensation case, the defendant sought reconsideration of a $37\%$ permanent disability award, arguing the physician's impairment rating improperly deviated from the AMA Guides. The Appeals Board granted reconsideration, finding the physician's justification for not strictly applying the Guides was insufficient and not based on substantial medical evidence. Specifically, the physician's reliance on subjective complaints and analogies to amputation were not adequately supported. The Board rescinded the award and remanded the case for a new rating strictly following the AMA Guides.

Workers' Compensation Appeals BoardRF Development & Busch CorporationLincoln General InsuranceAmerican Claims ManagementRobert LeonADJ3849676ADJ1948081ReconsiderationFindings and AwardIndustrial Injuries
References
Case No. ADJ2670962 (VNO 0452832)
Regular
Feb 16, 2018

Willie Atkins vs. Anheuser-Busch; permissibly self-insured, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

The Appeals Board granted the applicant's petition for removal, rescinding the WCJ's order taking the matter off calendar. The applicant alleged discrimination and sought to proceed with his Labor Code section 132(a) petition, which had been deemed untimely. The Board found that substantial prejudice would result from denying removal, as a hearing was necessary to determine the timeliness of the 132(a) claim and admit evidence. The applicant's separate petition to disqualify the WCJ was dismissed due to procedural deficiencies and lack of factual support for bias.

Petition for RemovalLabor Code Section 132(a)WCJVexatious LitigantDisqualificationOff CalendarSubstantial PrejudiceIrreparable HarmReconsiderationIn Propria Persona
References
Case No. ADJ339175 (SRO 0132580)\nADJ625556 (STK 0203890)\nADJ614688 (STK 0210392)
Regular
Mar 03, 2012

JEFF BUSCH vs. NAPA PRINTING & GAPHICS, PREFERRED EMPLOYERS INSURANCE COMPANY

This Workers' Compensation Appeals Board case concerns multiple claims filed by Jeff Busch against Napa Printing & Graphics and its insurer. A petition for reconsideration of a January 3, 2012 decision was filed. However, the petitioner subsequently withdrew this petition. Consequently, the Board has issued an order dismissing the petition for reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissedWithdrawnApplicantDefendantsNapa Printing & GraphicsPreferred Employers Insurance CompanyADJ339175ADJ625556
References
Case No. ADJ2297894 (POM 0278528), ADJ3191942 (POM 0292415), ADJ128178 (POM 0292417)
Regular
Dec 02, 2013

MARTIN ADAME vs. ANHEUSER-BUSCH, INC., ACE USA INSURANCE, FOOTHILL BEVERAGE COMPANY, EVEREST NATIONAL INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration to address contested findings regarding applicant Martin Adame's industrial injuries. The Board rescinded decisions in two cases (ADJ2297894 and ADJ3191942) concerning injuries to applicant's wrists, neck, and upper back. These cases are returned to the trial level for further development of the record and new decisions. The decision in a third case (ADJ128178), concerning a right wrist injury, was affirmed as no issues were raised.

Workers' Compensation Appeals BoardReconsiderationIndustrial InjuryTruck DriverCumulative PeriodTemporary Disability IndemnityFurther Medical TreatmentPetitions for ReconsiderationAdministrative Law JudgeFindings and Award
References
Case No. ADJ3858587 (ANA 0382822)
Regular
Jul 30, 2009

PEDRO GUERRERO vs. ST. LOUIS CARDINAL BASEBALL CLUB/ ANHEUSER BUSCH COMPANIES, INC; ACE/USA INSURANCE, administered by SPECIALTY RISK SERVICES, INC.

The Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for removal. This action rescinded the Administrative Law Judge's (ALJ) order to issue a new decision solely on the period of continuous trauma. The WCAB found the ALJ's prior finding establishing the injury period from 1973 to 1992 was final, as the applicant failed to seek reconsideration within the statutory timeframe. Therefore, further proceedings on this issue are unnecessary, and the case is returned to the trial level for other required proceedings.

RemovalRes JudicataContinuous TraumaFindings of FactPetition for ReconsiderationLabor Code Section 5900Statutory TimeframeIndustrial InjuryPermanent DisabilityCumulative Trauma
References
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