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

Case No. ADJ7069144
Regular
Oct 02, 2012

JARED CARNES vs. AUTOZONE, NATIONAL UNION FIRE INSURANCE

The Workers' Compensation Appeals Board affirmed a prior award granting applicant Jared Carnes industrial injury to his right shoulder, back, and cervical spine. Despite defendant Autozone's contentions regarding improper authorization requests and utilization review, the Board found that Autozone had sufficient notice of the recommended spinal surgery. The Board also noted that the parties had stipulated Dr. Eichbaum was the primary treating physician for the cervical spine. Ultimately, the decision emphasized that procedural rules should yield to substantial justice and the provision of necessary medical treatment supported by the overall medical record.

Workers' Compensation Appeals BoardAutoZoneNational Union Fire Insuranceindustrial injuryright shouldercervical spinetemporary disabilitymedical treatmentspinal surgeryEldan Eichbaum M.D.
References
9
Case No. ADJ8180392, ADJ8638748, ADJ8638750
Regular
Dec 03, 2013

ELIZABETH SALDANA vs. AUTOZONE, INC.; GALLAGHER, BASSETT INSURANCE COMPANY

This case involves a petition for removal by Autozone, Inc., seeking dismissal of lien claimants who failed to pay activation fees prior to a status conference. The Workers' Compensation Appeals Board denied the petition, adopting the Workers' Compensation Judge's report. The judge recommended dismissal of the petition, finding no showing of significant prejudice or irreparable harm, or alternatively, recommended denial on the merits. The board's order also noted a federal injunction affecting lien activation fee enforcement.

SALDANAAUTOZONEINC.GALLAGHER BASSETT INSURANCE COMPANYPETITION FOR REMOVALWORKERS' COMPENSATION APPEALS BOARDLABOR CODE SECTION 4903.06LIEN ACTIVATION FEEPRELIMINARY INJUNCTIONWCJ REPORT
References
1
Case No. ADJ7181042
Regular
Oct 20, 2017

CORINNE KOSTER vs. AUTOZONE, NATIONAL UNION FIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to address the applicant's claimed psychiatric injury. While the initial award found injury only to the applicant's back, reports from Dr. Ghassemi and Dr. Mostafavi suggested a compensable psychiatric injury. The WCAB found these reports to be potentially substantial evidence but noted inconsistencies in the applicant's trial testimony. Therefore, the WCAB amended the award to defer issues related to psychiatric injury, its resulting disability, and medical treatment, remanding the case for further development of the record.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardAdministrative Law JudgeQualified Medical EvaluatorPsychiatric InjuryPermanent DisabilitySubstantial EvidenceMedical OpinionRecord Development
References
6
Case No. ADJ1143788 (VNO 0517331) ADJ2670708 (VNO 0517332)
Regular
Jul 01, 2011

SANTIAGO SOTO vs. AUTOZONE, INC., U.S. F& G, Administered By GALLAGHER BASSETT

In this workers' compensation case, the applicant sustained two industrial injuries: one on December 22, 2003 (cervical spine, lumbar spine, left shoulder) and another on September 2, 2004 (right and left knees). The defendant sought reconsideration of the original award, arguing that temporary disability benefits for the earlier injury should be limited by Labor Code section 4656(c)(1). However, the Appeals Board affirmed the WCJ's decision, holding that the 104-week limitation under section 4656(c)(1) applies only to injuries occurring after its effective date of April 19, 2004. Since the applicant's first injury predates this date, the limitation does not apply to it, and benefits are awarded accordingly.

Workers' Compensation Appeals BoardAutoZone Inc.U.S. F& GGallagher BassettSantiago SotoAmended Joint Findings and AwardTemporary DisabilityPermanent DisabilityLabor Code section 4656Foster v. Workers' Comp. Appeals Bd.
References
2
Case No. ADJ1777840 (LAO 0846280) ADJ605293 (LAO 0946282)
Regular
Nov 07, 2013

VENUS A. MALIIKAPU-PETERS vs. AUTOZONE, INC.; USF&G, administered by GALLAGHER BASSETT SERVICES, INC.

The Appeals Board granted reconsideration of a previous award regarding multiple injuries to the applicant. The applicant was found to have sustained specific injuries to her knees and extremities, as well as cumulative trauma, resulting in temporary and permanent disability. However, the defendant argued errors in apportionment, an award for an un-found lumbar spine injury, and statute of limitations issues for the cumulative trauma claim. Consequently, the Board rescinded the original award and returned the case to the trial level for further proceedings and a new decision.

Appeals BoardReconsiderationFindings and AwardCumulative TraumaTemporary DisabilityPermanent DisabilityApportionmentStatute of LimitationsLumbar SpineSleep Disorder
References
0
Case No. ADJ6918399
Regular
Feb 27, 2013

MARIA SANCHEZ vs. AUTOZONE, INC./USF&G, Administered By GALLAGHER BASSETT/NUFIC Administered By GALLAGHER BASSETT

The Workers' Compensation Appeals Board (WCAB) granted the lien claimant's petition for reconsideration regarding the dismissal of its lien. Despite the lien claimant's assertion of lack of notice, the record indicates their representative appeared and signed in for the trial. The WCAB found the petition frivolous, citing the claimant's failure to object to a Notice of Intention to Dismiss and misrepresentation of facts. Consequently, the WCAB intends to impose sanctions up to $1,200.00 against the lien claimant and its representative for abuse of process.

Petition for ReconsiderationOrder of Dismissal of LienLien ClaimantNotice of Intention to DismissDue ProcessHearingWCJBoard Rule 10562Labor Code section 5813Sanctions
References
5
Case No. ADJ4048703 (MON 0246736) ADJ3995603 (MON 0246737) ADJ534884 (MON 0295064)
Regular
May 21, 2018

HERMINEGILDA CHAVEZ vs. CHIEF AUTO PARTS, AUTOZONE, INC., INSURANCE COMPANY OF WAUSAU, LIBERTY MUTUAL, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, INTERCARE INSURANCE FOR HIH INSURANCE COMPANY, SEDGWICK CMS, FREMONT INDEMNITY

The Appeals Board rescinded the WCJ's decision regarding applicant Herminegilda Chavez's cumulative trauma injury claim. While acknowledging the applicant sustained a cumulative trauma injury and 100% permanent disability, the Board found error in merging three distinct industrial injuries into a single claim without proper apportionment. Further development of the medical record is required to determine apportionment of disability between the cumulative trauma, a specific injury, and non-industrial factors. The case is remanded for further proceedings and a new decision by the WCJ consistent with established apportionment principles.

Cumulative traumaApportionmentBenson v. WCABSpecific injuryInsurance Guarantee AssociationCIGALiberty MutualWausauMedical opinionPermanent disability
References
5
Case No. ADJ3995603 (MON 0246737), ADJ534884 (MON 0245064), ADJ4048703 (MON 0246736)
Regular
Jun 02, 2018

HERMINEGILDA CHAVEZ vs. CHIEF AUTO PARTS, AUTOZONE, INC., INSURANCE COMPANY OF WAUSAU, LIBERTY MUTUAL, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, INTERCARE INSURANCE FOR HIH INSURANCE COMPANY, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, SEDGWICK CMS, FREMONT INDEMNITY

The Workers' Compensation Appeals Board (WCAB) dismissed Herminegilda Chavez's petition for reconsideration because it was not taken from a "final" order. The WCAB explained that intermediate procedural or evidentiary decisions are not considered final. Additionally, the WCAB denied Chavez's petition for removal, as she failed to demonstrate substantial prejudice or irreparable harm, or that reconsideration would be inadequate. Therefore, the WCAB found no basis to grant extraordinary relief through removal.

Petition for ReconsiderationPetition for RemovalFinal OrderSubstantive RightThreshold IssueIntermediate Procedural OrderEvidentiary DecisionExtraordinary RemedySubstantial PrejudiceIrreparable Harm
References
9
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