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

Case No. WCK 0068998
Regular
Jan 22, 2008

LINDA FONTENOT vs. BARRETT BUSINESS SERVICES INC., PINNACLE RISK MANAGEMENT SERVICES

The Workers' Compensation Appeals Board (WCAB) rescinded sanctions imposed against Barrett Business Services Inc. (represented by Pinnacle Risk Management Services) and its adjustor, Chamber Medical Collections, Inc. (CMC), for failing to appear at a hearing. The WCAB found that CMC provided a reasonable excuse for its non-appearance, supported by a doctor's note, and deemed the sanctions disproportionate. The matter was returned to the trial level for further proceedings on other sanctions and the underlying lien claim.

Workers Compensation Appeals BoardReconsiderationSanction OrdersLien ClaimantFailure to AppearWCJPetition for ReconsiderationTimelinessReasonable ExcuseDoctor's Statement
References
0
Case No. MISSING
Regular Panel Decision

Ogiba v. Business Services Co. of Utica

The plaintiff, Robert Ogiba, sued his former employer, Business Services Company of Utica (BSC), alleging age discrimination under the ADEA after his termination as a copier technician during a company-wide downsizing in 1992. Ogiba claimed his termination was due to his age, citing comments made by superiors and the retention of younger employees. BSC countered that Ogiba was terminated due to unsatisfactory job performance compared to coworkers, which was the criterion used for a reduction in force. The court found that while Ogiba met the satisfactory performance element of a prima facie case, he failed to provide sufficient evidence to infer age discrimination, noting the 'same actor inference' and the innocuous nature of alleged discriminatory comments. Consequently, BSC's motion for summary judgment was granted, and the complaint was dismissed.

Age DiscriminationEmployment TerminationSummary JudgmentADEADisparate TreatmentReduction in ForceJob PerformancePrima Facie CaseEvidentiary StandardDiscrimination Inference
References
23
Case No. ADJ7073183
Regular
Dec 26, 2012

HUMBERTO CABRERA vs. BARRETT BUSINESS SERVICES

This Workers' Compensation Appeals Board case involved a petition for reconsideration filed by Humberto Cabrera against Barrett Business Services. The Board dismissed the petition because it was not filed within the statutory timeframe. Even if it had been timely, the Board would have denied the petition on its merits. Therefore, the petition for reconsideration was dismissed.

Workers' Compensation Appeals BoardPetition for ReconsiderationTimely-filedDismissedReport and RecommendationAdministrative Law JudgePermissibly Self-InsuredWCJDeny on the meritsADJ7073183
References
0
Case No. ADJ10250093
Regular
Dec 22, 2016

DENIS PADILLA vs. BARRETT BUSINESS SERVICES, INC.

This case concerns an applicant, Denis Padilla, versus their employer, Barrett Business Services, Inc. The Workers' Compensation Appeals Board (WCAB) has denied Padilla's Petition for Reconsideration in this matter. The WCAB adopted and incorporated the reasoning of the workers' compensation administrative law judge (WCJ) in their decision. Therefore, the petition for reconsideration has been formally denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeOpinion on DecisionPermit Self-InsuredADJ10250093Pomona District OfficeDenying PetitionWCJ ReportAdopted Opinion
References
0
Case No. ADJ948816 (SFO 0499481) ADJ1273445 (SFO 0512742)
Regular
Nov 06, 2012

EDWIN SUAREZ vs. BARRETT BUSINESS SERVICES, INC.

This case involves a petition for reconsideration filed by defendant Barrett Business Services, Inc. regarding a prior decision. The Workers' Compensation Appeals Board (WCAB) has granted this petition. The WCAB determined that reconsideration is necessary to thoroughly review the factual and legal issues presented. This action will allow the Board to gain a complete understanding of the record and issue a just decision, potentially involving further proceedings.

Workers' Compensation Appeals BoardReconsiderationPetition for ReconsiderationGranting ReconsiderationPermissibly Self-InsuredBarrett Business ServicesEdwin SuarezAugust 16 2012Statutory time constraintsFactual and legal issues
References
0
Case No. ADJ7762176
Regular
Dec 16, 2011

MARTIN ESPARZA vs. BARRETT BUSINESS SERVICES, INC.

In *Esparza v. Barrett Business Services, Inc.*, the Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration of a September 28, 2011 Findings and Award. The WCAB granted reconsideration to allow for further study of the factual and legal issues. This action is deemed necessary for a complete understanding of the record and to issue a just decision. All future communications must be directed to the WCAB's Office of the Commissioners.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and Awardstatutory time constraintsfactual and legal issuesjust and reasoned decisionDecision After ReconsiderationOffice of the CommissionersFrank M. BrassAlponso J. Moresi
References
0
Case No. ADJ8032021
Regular
Jan 28, 2014

JUAN RUIZ vs. BARRETT BUSINESS SERVICES, INC.

The Workers' Compensation Appeals Board granted reconsideration for Barrett Business Services, Inc. The Board affirmed the applicant's weekly earnings at $440.00, but amended the temporary disability period to six weeks following the injury, based on medical evidence. Consequently, the applicant's attorney's fee was reduced to align with the adjusted temporary disability award. The Board also upheld findings regarding the Medical Provider Network and the non-liability for out-of-network treatment.

Workers' Compensation Appeals BoardReconsiderationTemporary DisabilityEarningsMedical Provider NetworkCo-employerQualified Medical EvaluationModified WorkPermanent and StationaryAttorney's Fees
References
0
Case No. ADJ6794502
Regular
Sep 28, 2012

ALEJANDRO VIDAL PEREZ vs. BARRETT BUSINESS SERVICES INC.

This Workers' Compensation Appeals Board order dismisses a petition for reconsideration filed by Alejandro Vidal Perez against Barrett Business Services Inc. The Board adopted the reasoning of the administrative law judge's report and recommendation. Therefore, the petition for reconsideration is dismissed.

Petition for ReconsiderationDismissalWorkers' Compensation Appeals BoardAdministrative Law JudgeReport and RecommendationSan Francisco District OfficeSelf-InsuredPermitOrder DismissingWCAB
References
0
Case No. ADJ9762825
Regular
Feb 29, 2016

MARIA OLGA BARAJAS vs. BARRETT BUSINESS SERVICES, CORVEL

This case involves Maria Olga Barajas's workers' compensation claim against Barrett Business Services and Corvel. The applicant was injured on July 20, 2014, and her attempts to change her treating physician within the employer's Medical Provider Network (MPN) were unsuccessful. The Workers' Compensation Appeals Board denied the defendants' Petition for Reconsideration, upholding the original award. This award allowed the applicant to seek treatment outside the MPN at the defendants' expense due to the failure to facilitate a timely change of physician.

Medical Provider NetworkMPNPetition for ReconsiderationFindings and Awardremovalchange of treating physicianinterim orderLabor Code § 4616.3(b)Title 8Regulations
References
2
Case No. ADJ8748359, ADJ8748358
Regular
Oct 05, 2015

MARIA TERESA ALVAREZ vs. BARRETT BUSINESS SERVICES, INC.

The Workers' Compensation Appeals Board (WCAB) has granted reconsideration of a decision concerning applicant Maria Teresa Alvarez and defendant Barrett Business Services, Inc. This action was taken due to the defendant's petition for reconsideration and the WCAB's initial review indicating a need for further study of the factual and legal issues. The WCAB will now conduct further proceedings to reach a just and reasoned decision. All future correspondence regarding this petition must be filed directly with the WCAB Commissioners in San Francisco, not with district offices or through the EAMS system.

Workers' Compensation Appeals BoardPetition for ReconsiderationGrant of ReconsiderationPermissibly Self-InsuredCase NumbersStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionFurther ProceedingsOffice of the Commissioners
References
0
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