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

Case No. ADJ4408007 (STK 0205209)
Regular
Sep 20, 2013

CLIAS MONTES vs. TRUEGREEN LANDCARE, ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board dismissed the petition for reconsideration in case ADJ4408007. This dismissal was based on the fact that the Workers' Compensation Judge had already vacated the original Findings and Award on August 1, 2013. Therefore, the petition for reconsideration of the July 26, 2013 decision was rendered moot.

Petition for ReconsiderationMootVacatedFindings and AwardWorkers' Compensation Appeals BoardDismissedJuly 262013August 12013
References
Case No. ADJ9625407
Regular
Sep 12, 2018

KEITH FIELD vs. CITY OF PINOLE

This case involves a firefighter who sustained bilateral carpal tunnel syndrome after retirement. The Appeals Board reversed the trial judge, holding that Labor Code section 4458.5 applies, entitling the applicant to permanent disability benefits calculated at the maximum indemnity rate. This applies regardless of the applicant's actual earnings or the fact that carpal tunnel syndrome is not a specifically enumerated presumptive injury. The case is remanded for determination of the precise date of injury to calculate the benefit rate.

Workers' Compensation Appeals BoardKeith FieldCity of PinolePermissibly Self-InsuredMunicipal Pooling AuthorityADJ9625407Opinion and Decision After Reconsiderationindustrial injuryfirefighterbilateral upper extremities
References
Case No. ADJ8969505
Regular
Sep 08, 2016

BLANCA RUIZ vs. BEST AMERICAN HOSPITALITY, INC., dba CHURCH'S CHICKEN, PMA INSURANCE

This case concerns Tri-County Medical Group's lien for services provided to an applicant between April and August 2013. The Workers' Compensation Appeals Board affirmed the administrative law judge's decision that the lien is barred by Labor Code section 4903.5(a). The Board found that the 18-month limitation period applies to services provided on or after July 1, 2013, and the lien was filed too late. This interpretation ensures a single, non-absurd statute of limitations for services provided after the effective date.

Labor Code section 4903.5lien claimantreconsiderationadministrative law judgefindings and order18-month limitation periodJuly 12013KindelbergerCoachella Valley Mosquito & Vector Control Dist.
References
Case No. ADJ8475421
Regular
Mar 30, 2017

Jessica Duncan vs. Right At Home, Travelers Diamond Bar

The Workers' Compensation Appeals Board denied reconsideration of a lien claimant's claim for medical services. The Board found that the lien, filed on June 4, 2016, was barred by the 18-month statute of limitations under Labor Code section 4903.5(a). This was because the last date of service was August 8, 2013, which fell after the July 1, 2013, implementation date of the 18-month rule. The Board also held that it lacked the authority to rule on constitutional vagueness claims.

Labor Code section 4903.5(a)Lien claimStatute of limitationsReconsiderationWorkers' Compensation Appeals BoardWCJTimelinessDate of servicesContinuous treatmentUnconstitutionally vague
References
Case No. ADJ8759866
Regular
Sep 01, 2016

ERNESTINA ESCAMILLA vs. PELICAN PRODUCTS, INC., UNITED STATES FIRE INSURANCE COMPANY

This case addresses a lien claimant's petition for reconsideration of a denied lien. The Workers' Compensation Appeals Board denied the petition, affirming the administrative law judge's finding that the lien was barred by Labor Code section 4903.5(a)'s 18-month limitations period. The Board ruled that because services were provided after July 1, 2013, the lien claimant was obligated to file within 18 months of the last service date, which they failed to do. The Board reasoned that the statute provided reasonable time for filing after its enactment.

Labor Code section 4903.5(a)lien claimantreconsideration18-month limitation periodJuly 12013reasonable timeretroactive applicationproceduralvocational rehabilitation
References
Case No. ADJ374895 (GOL 0095400)
Regular
May 13, 2013

ERNEST TORRES vs. BLUM & SONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board has dismissed Ernest Torres' petition for reconsideration. This dismissal is a direct result of the petitioner unilaterally withdrawing their own petition. The Board's order formally acknowledges this withdrawal and vacates any further proceedings related to the reconsideration. Therefore, the February 26, 2013 decision stands.

Petition for ReconsiderationDismissedWithdrawnWorkers' Compensation Appeals BoardOpinion and OrderApplicantDefendantState Compensation Insurance FundFebruary 262013
References
Case No. ADJ7354424
Regular
Jun 04, 2013

HILBERT DARB vs. COUNTY OF LOS ANGELES

The Workers' Compensation Appeals Board (WCAB) has dismissed the Petition for Removal filed by Hilbert Darb. The petitioner voluntarily withdrew their petition for removal of the April 3, 2013 decision. Consequently, the WCAB ordered the dismissal of the petition. This order was dated and filed on June 4, 2013.

Petition for RemovalPetition for ReconsiderationDismissedWithdrawnWorkers' Compensation Appeals BoardADJ7354424Hilbert DarbCounty of Los AngelesApril 3 2013 decisionFrank M. Brass
References
Case No. ADJ2046608 (VNO 0502368)
Regular
Mar 07, 2012

NOE PEREZ vs. HERRICK CORPORATION

The Workers' Compensation Appeals Board granted Herrick Corporation's Petition for Removal, rescinding a WCJ order. The Board is now intending to dismiss Herrick's Petition for Contribution against SCIF. This is because Herrick's contribution claim is barred by the one-year statute of limitations under Labor Code section 5500.5(e). The Order Approving Compromise and Release was dated August 31, 2006, and Herrick's petition was filed over two and a half years later.

Petition for RemovalContributionCarve-out JurisdictionLabor Code Sections 3201.53201.7State Compensation Insurance Fund (SCIF)Alexander BuggyCompromise and ReleaseArbitratorJoint and Several Award
References
Case No. ADJ2154380 (SAC 0363541)
Regular
Jul 21, 2010

Spencer Davis vs. Clark & Sullivan, Inc., LWP Claims Sacramento, Berkshire Hathaway San Francisco, Berkshire Hathaway Pasadena

The defendant sought to disqualify the Qualified Medical Evaluator (QME) due to their unavailability for deposition within the regulatory 120-day timeframe. The Workers' Compensation Appeals Board (WCAB) denied the petition for removal, affirming the lower order. The WCAB found that Administrative Director (AD) Rule 31.5, concerning replacement panels, does not apply to QME unavailability for deposition. Furthermore, the Board found no demonstrable prejudice or irreparable harm, noting the defendant's own rescheduling of the deposition.

Petition for RemovalQualified Medical EvaluatorQME UnavailabilityDeposition SchedulingAdministrative Director RulesAD Rule 35.5(f)AD Rule 31.5(a)(5)AD Rule 33PrejudiceIrreparable Harm
References
Case No. ADJ8572033
Regular
Jan 23, 2017

NELLY MOLINA vs. MACY'S CORPORATE SERVICES, Permissibly Self-Insured, Administered By MACY'S

This case involves a lien claim by Industrial Healthcare for medical services provided to applicant Nelly Molina from November 6, 2012, to September 10, 2013. The Workers' Compensation Appeals Board (WCAB) denied reconsideration of an order dismissing the lien, upholding the administrative law judge's finding that the lien was untimely. The WCAB ruled that because the last date of service (September 10, 2013) was after July 1, 2013, the 18-month statute of limitations under Labor Code section 4903.5(a) applied, making the lien filed on September 2, 2015, tardy. A dissenting opinion argued that continuous services provided both before and after July 1, 2013, should be subject to the three-year statute of limitations, allowing for a single lien filing.

Labor Code section 4903.5(a)statute of limitationslien claimreconsiderationOrder Dismissing Lienworkers' compensation administrative law judgeIndustrial HealthcareInnovative Medical ManagementMacy's Corporate Servicescontinuous treatment
References
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