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

Case No. ADJ3099810 (LAO 0759689)
Regular
Jan 25, 2012

TERRI ANN MCKENNA, EDDIE MCKENNA (Deceased) vs. CITY OF TORRANCE

This is an order from the Workers' Compensation Appeals Board (WCAB) denying a Petition for Removal in the case of Eddie McKenna (Deceased) and Terri Ann McKenna versus the City of Torrance. The WCAB adopted and incorporated the reasoning provided by the workers' compensation administrative law judge in their report. Therefore, the petition for removal is denied. The order was dated and filed on January 25, 2012.

McKennaTerri AnnCity of TorrancePetition for RemovalDeniedWCJ reportWorkers' Compensation Appeals BoardADJ3099810ADJ1244172LAO 0759689
References
Case No. ADJ10452924
Regular
Sep 05, 2018

ANN MALESZA vs. MARIN WALDORF SCHOOL, CHURCH MUTUAL INSURANCE COMPANY

This case involves a dispute over temporary disability indemnity for Ann Malesza, who claimed injury to her heart and psyche. The defendant sought to limit temporary disability to 4-6 weeks, challenging the reliance on Dr. Taylor's psychiatric evaluation. The Appeals Board affirmed the WCJ's award of up to 104 weeks of temporary disability. This decision was based on Dr. Taylor's finding that the applicant was unable to work due to severe anxiety and phobia of returning to a stressful environment, which the Board deemed substantial evidence. The defendant's inability to provide a stress-free work environment does not relieve their liability for temporary disability.

WCABAnn MaleszaMarin Waldorf SchoolChurch Mutual Insurance CompanyADJ10452924Opinion and Decision After ReconsiderationFindings and AwardWCJAOE/COEheart injury
References
Case No. ADJ630889 (MON 0279182)
Regular
Dec 28, 2012

BARBARA ANN SHANN vs. CEDARS SINAI, TRISTAR RISK MANAGEMENT

This case involves Barbara Ann Shann seeking workers' compensation benefits from Cedars Sinai and Tristar Risk Management. The Workers' Compensation Appeals Board denied Shann's request for reconsideration of a prior decision. The order indicates the Board found no grounds to overturn its initial ruling regarding her claim.

WORKERS' COMPENSATION APPEALS BOARDBARBARA ANN SHANNCEDARS SINAITRISTAR RISK MANAGEMENTADJ630889ADJ224692ADJ3805845ORDER DENYING RECONSIDERATIONMON District Office
References
Case No. ADJ2504554 (VNO 0477523)
Regular
Sep 26, 2014

KIM ANNE PETTY vs. STEIN MART, INC., ARROWPOINT CAPITAL

The Workers' Compensation Appeals Board (WCAB) has granted the applicant Kim Anne Petty's Petition for Reconsideration of a July 21, 2014 decision. This reconsideration is necessary to allow the Board further time to thoroughly study the factual and legal issues involved. The WCAB aims to gain a complete understanding of the record to issue a just and reasoned decision. Pending this, all future filings must be submitted in writing directly to the Office of the Commissioners.

Workers' Compensation Appeals BoardPetition for ReconsiderationDecision After ReconsiderationElectronic Adjudication Management SystemADJ2504554VNO 0477523Stein MartInc.Arrowpoint CapitalKim Anne Petty
References
Case No. ADJ9662274
Regular
Apr 25, 2019

RUFFINA YURYEVA vs. G. MICHAEL WOOL, M.D., STATE COMPENSATION INSURANCE FUND

In this Workers' Compensation Appeals Board case, the applicant, Ruffina Yurieva, had filed a Petition for Reconsideration of a prior Findings and Award. However, the petitioner subsequently withdrew this Petition for Reconsideration. As a result, the Board dismissed the petition without addressing its underlying merits. The decision notes the dismissal of the applicant's petition, rendering the previous award final from the perspective of that procedural step.

Workers' Compensation Appeals BoardRuffina YuriyevaG. Michael Wool M.D.State Compensation Insurance FundADJ9662274Petition for ReconsiderationFindings and AwardWCJDismissedOpinion and Decision After Reconsideration
References
Case No. ADJ8381872
Regular
Sep 02, 2017

PATSY VIDO vs. HANCOCK FABRICS, ACE AMERICAN INSURANCE COMPANY

This case involves Patsy Vido's workers' compensation claim against Hancock Fabrics and its insurer, ACE American Insurance Company. The applicant, Vido, petitioned for reconsideration of a prior decision. The Workers' Compensation Appeals Board reviewed the petition and the Administrative Law Judge's report. Ultimately, the Board denied reconsideration, adopting the reasoning provided by the WCJ.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportdeny reconsiderationHancock FabricsACE American Insurance CompanyESISADJ8381872BakersfieldS.A. Green
References
Case No. ADJ8673054
Regular
Nov 01, 2016

BERNADETTE LEVSTIK vs. ACOSTA SALES AND MARKETING, THE HARTFORD

Here's a summary for a lawyer, in four sentences: The Workers' Compensation Appeals Board (WCAB) issued an Opinion and Order dismissing a Petition for Reconsideration in the case of Levstik v. Acosta Sales and Marketing. The dismissal occurred because the party who filed the petition voluntarily withdrew it. Consequently, the WCAB is no longer considering the appeal of the September 2, 2016 Findings of Fact, Order, and Award. The matter is now concluded with the dismissal of the reconsideration petition.

Petition for Reconsideration withdrawnDismissal OrderFindings of Fact Order and AwardWorkers' Compensation Appeals BoardAdministrative Law JudgeADJ8673054ACOSTA SALES AND MARKETINGTHE HARTFORDBERNADETTE LEVSTIKVan Nuys District Office
References
Case No. ADJ9394433
Regular
Dec 04, 2017

JUAN MIGUEL GUTIERREZ GARCIA vs. JAMES AND SANDY HALL DBA GOOD GOODS, ALLSTATE INSURANCE COMPANY

This case involves a settlement proposed between the applicant and a lien claimant while the applicant's Petition for Reconsideration was pending before the Appeals Board. The Board granted reconsideration, rescinded the prior WCJ decision, and returned the case to the trial level. This action allows the WCJ to review the proposed settlement. The Board's order is not a final decision on the merits of the underlying issues.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ClaimantSettlementSupplemental Order Approving Compromise and ReleaseFindings of FactWorkers' Compensation Administrative Law JudgeTrial LevelRescindedReturned to Trial Level
References
Case No. ADJ637242 [SFO 0410171] ADJ2482512 [SFO 0430921]
Regular
Sep 23, 2008

JULIE ANN KAUS vs. STATE OF CALIFORNIA, CALIFORNIA HIGHWAY PATROL, STATE COMPENSATION INSURANCE FUND

Reconsideration granted; matter returned to trial level for adequate trial record and further proceedings to address apportionment under sections 4663 and 4664.

WCABJulie Ann KausCalifornia Highway PatrolState Compensation Insurance FundFindings Award and Orderreconsiderationapportionmentpermanent disabilityLabor Code sections 46634664
References
Case No. ADJ6897192, ADJ7622949
Regular
Dec 01, 2015

MICHAEL SILVA (Deceased), MARY ANNE SILVA (Dependent/Spouse) vs. FREMONT UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured, Adjusted By KEENAN & ASSOCIATES

The Workers' Compensation Appeals Board (WCAB) denied the applicant's petition for reconsideration. The WCAB affirmed the administrative law judge's (ALJ) findings that the deceased worker did not sustain a psyche injury or cancer due to employment. Crucially, the WCAB ruled that the applicant's self-procured medical report from Dr. Besses was inadmissible per *Batten v. Workers' Comp. Appeals Bd.* The Board also clarified that the applicant's petition was timely filed.

Workers' Compensation Appeals BoardFremont Unified School DistrictMichael SilvaMary Anne SilvaPetition for ReconsiderationFindings and Orderpsyche injurycancerself-procured medical reportDr. Besses
References
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