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Case Law Database

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

Case No. ADJ7176285

Regular

May 23, 2011

FRANCISCO CASAS LEYVA vs. WAR MART #2242, AVIZENT FRANK GATES SERVICES

The Workers' Compensation Appeals Board (WCAB) denied reconsideration of a prior decision regarding Francisco Casas Leyva's claim against War Mart \#2242 and Avizent Frank Gates Services. The WCAB adopted the reasoning of the workers' compensation administrative law judge (WCALJ) in its decision. The Board also gave great weight to the WCALJ's credibility findings. Therefore, the petition for reconsideration was formally denied.

Workers' Compensation Appeals BoardFrancisco Casas LeyvaWar MartAvizent Frank Gates ServicesOrder Denying ReconsiderationPetition for Reconsiderationworkers' compensation administrative law judgeWCJGarza v. Workmen's Comp. Appeals Bd.credibility finding

References

Case No. ADJ7081229

Regular

Jul 19, 2012

Patricia Johnson vs. Sam's Club/Walmart, Avizent

The Workers' Compensation Appeals Board (WCAB) denied Patricia Johnson's petition for reconsideration. The WCAB adopted and incorporated the report of the workers' compensation administrative law judge (WCALJ), finding no error in the original decision. The Board gave great weight to the WCALJ's credibility findings, as is customary under *Garza v. Workers' Comp. Appeals Bd.* Therefore, the petition for reconsideration was denied.

Workers' Compensation Appeals BoardDenying ReconsiderationWCJ ReportCredibility FindingGarza v. Workers' Comp. Appeals Bd.ADJ7081229San Diego District OfficePatricia JohnsonSam's Club/WalmartAvizent

References

Case No. ADJ9052447

Regular

Oct 13, 2018

JACQUELINE FINDLER vs. WALMART, AVIZENT, YORK INSURANCE

The Workers' Compensation Appeals Board denied the petition for reconsideration in *Findler v. Walmart*. The WCAB adopted the findings of the WCJ, who found that the lien claimant failed to provide sufficient evidence of the reasonable value of services rendered. This was because the applicable fee schedule did not control for services provided before its effective date. Therefore, the lien claimant was required to present evidence of reasonable value, which they did not adequately do.

Jacqueline FindlerWalmartAvizentYork InsuranceADJ9052447Petition for ReconsiderationWorkers' Compensation Appeals BoardWCJOpinion and Order DenyingAdministrative Director Rule 9983

References

Case No. ADJ7959316

Regular

Sep 25, 2012

ALAN LIVHITS vs. DEPENDABLE CARE TRANSPORTATION, AVIZENT, CALIFORNIA INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an order dismissing Praetorian Insurance Corporation for lack of coverage. The applicant, who claimed cumulative injury from a stroke, argued that insurance coverage disputes must be arbitrated per Labor Code section 5275. The WCAB found that Praetorian's prior defense of the claim and its involvement with agreed medical examiners warranted further proceedings. Therefore, the WCAB rescinded the dismissal order and returned the case to the trial level for arbitration of the coverage dispute.

Workers' Compensation Appeals BoardPraetorian Insurance CorporationAvizentCalifornia Insurance Companycumulative injurystroketransportation driverinsurance coverage disputearbitrationLabor Code section 5275

References

Case No. ADJ3562707

Regular

Feb 01, 2010

TRACIE QUINN vs. WALMART ASSOCIATES, INC., AMERICAN HOME ASSURANCE, AVIZENT

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration, rescinding the prior award of temporary disability. The Board found the applicant failed to meet her burden of proof for temporary disability from October 6, 2007, to March 13, 2008. This was due to insufficient evidence, particularly the absence of key medical reports and a lack of proof that the employer was unable to accommodate restrictions. The Board also found the applicant's termination was due to unexcused absences, not an inability to perform modified work.

Petition for ReconsiderationTemporary DisabilityIndustrial InjuryLeft WristLube-Tire TechWal-Mart AssociatesAvizentFindings Award and OrderWCJAgreed Medical Evaluator

References

Case No. ADJ1150181 (VNO 0541415)

Regular

Feb 14, 2021

SUSIE AREVALO vs. WAL-MART STORES, INC., AMERICAN HOME INSURANCE, administered by AVIZENT

This case involves a lien claimant, Superior Med Surgical, Inc., whose lien was dismissed by a Workers' Compensation Judge (WCJ) after failing to appear at a lien conference. The lien claimant submitted a timely objection to the dismissal notice, but it was not received by the WCJ due to EAMS system issues. The Workers' Compensation Appeals Board (WCAB) granted reconsideration on its own motion due to this procedural error. The WCAB rescinded the dismissal order and returned the case to the trial level for the WCJ to consider the lien claimant's objection.

Workers' Compensation Appeals BoardLien ClaimantNotice of Intention to Dismiss LienWCJReconsiderationEAMSDue ProcessSuperior Med SurgicalWal-Mart StoresInc.

References

Case No. ADJ696907 (VNO 0543817)

Regular

Jul 23, 2010

ROBERT PERCHLAK vs. WAL-MART, AVIZENT BENTONVILLE

The Workers' Compensation Appeals Board (WCAB) reconsidered a decision regarding Robert Perchlak's industrial injury claim against Wal-Mart. The applicant challenged the $44\%$ permanent disability rating, arguing the rating specialist improperly disregarded physician findings. The WCAB clarified that rating specialists are limited to rating based on WCJ instructions and cannot independently assess medical impairments or deviate from AMA Guides criteria. The WCAB amended the decision to defer permanent disability and attorney's fees, returning the case for further proceedings to clarify the physician's impairment findings and ensure proper rating procedures are followed.

Workers' Compensation Appeals BoardRobert PerchlakWal-MartAvizent BentonvilleOpinion and Decision After ReconsiderationPermanent DisabilityApportionmentDr. Arthur LipperAppeals Board Rule 10602Rater Authority

References

Case No. ADJ1862937 (VNO 0503723)

Regular

May 07, 2012

TRAVIS GRANT vs. SIERRACIN CORPORATION (PPG INDUSTRIES), administered by AVIZENT RISK

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The defendant sought to revive a December 9, 2008 dismissal order, arguing it was valid under Appeals Board Rule 10852. However, the Board found this dismissal order void *ab initio* because it was issued without the required notice of intention to dismiss and opportunity to be heard, as mandated by CCR Title 8, Section 10582. Therefore, the prior finding that the applicant's claim had not been dismissed was upheld.

Workers' Compensation Appeals BoardPetition for ReconsiderationFinding of FactOrder of DismissalRule 10852Rule 10582Lack of ProsecutionNotice of Intention to DismissVoid Ab InitioAdministrative Law Judge

References

Case No. ADJ7670179, ADJ7673731

Regular

Jan 25, 2012

OMAR HERNANDEZ vs. THE BUMBER SHOP, AVIZENT PRAETORIAN INSURANCE, CHARTIS INSURANCE

In this Workers' Compensation Appeals Board (WCAB) case, the applicant, Omar Hernandez, filed a Petition for Removal. The WCAB reviewed the petition and the report of the workers' compensation administrative law judge. Based on their review and the judge's report, the WCAB has denied the Petition for Removal. The Order indicates the WCAB found no grounds to disturb the administrative law judge's decision.

WORKERS' COMPENSATION APPEALS BOARDPetition for Removaldenial of removalworkers' compensation administrative law judgeWCJ reportADJ7670179ADJ7673731Marina del Rey District OfficeFrank M. BrassDeidra E. Lowe

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

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Updated Daily

Case Law Database

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

Case No. ADJ7176285

Regular

May 23, 2011

FRANCISCO CASAS LEYVA vs. WAR MART #2242, AVIZENT FRANK GATES SERVICES

References

Case No. ADJ7081229

Regular

Jul 19, 2012

Patricia Johnson vs. Sam's Club/Walmart, Avizent

Workers' Compensation Appeals BoardDenying ReconsiderationWCJ ReportCredibility FindingGarza v. Workers' Comp. Appeals Bd.ADJ7081229San Diego District OfficePatricia JohnsonSam's Club/WalmartAvizent

References

Case No. ADJ9052447

Regular

Oct 13, 2018

JACQUELINE FINDLER vs. WALMART, AVIZENT, YORK INSURANCE

Jacqueline FindlerWalmartAvizentYork InsuranceADJ9052447Petition for ReconsiderationWorkers' Compensation Appeals BoardWCJOpinion and Order DenyingAdministrative Director Rule 9983

References

Case No. ADJ7959316

Regular

Sep 25, 2012

ALAN LIVHITS vs. DEPENDABLE CARE TRANSPORTATION, AVIZENT, CALIFORNIA INSURANCE COMPANY

References

Case No. ADJ3562707

Regular

Feb 01, 2010

TRACIE QUINN vs. WALMART ASSOCIATES, INC., AMERICAN HOME ASSURANCE, AVIZENT

Petition for ReconsiderationTemporary DisabilityIndustrial InjuryLeft WristLube-Tire TechWal-Mart AssociatesAvizentFindings Award and OrderWCJAgreed Medical Evaluator

References

Case No. ADJ1150181 (VNO 0541415)

Regular

Feb 14, 2021

SUSIE AREVALO vs. WAL-MART STORES, INC., AMERICAN HOME INSURANCE, administered by AVIZENT

Workers' Compensation Appeals BoardLien ClaimantNotice of Intention to Dismiss LienWCJReconsiderationEAMSDue ProcessSuperior Med SurgicalWal-Mart StoresInc.

References

Case No. ADJ696907 (VNO 0543817)

Regular

Jul 23, 2010

ROBERT PERCHLAK vs. WAL-MART, AVIZENT BENTONVILLE

References

Case No. ADJ1862937 (VNO 0503723)

Regular

May 07, 2012

TRAVIS GRANT vs. SIERRACIN CORPORATION (PPG INDUSTRIES), administered by AVIZENT RISK

References

Case No. ADJ7670179, ADJ7673731

Regular

Jan 25, 2012

OMAR HERNANDEZ vs. THE BUMBER SHOP, AVIZENT PRAETORIAN INSURANCE, CHARTIS INSURANCE

References

Case No. ADJ4519826 (AHM 0143791)

Regular

Oct 19, 2011

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

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

Showing 1-10 of 21 results

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