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

Case No. FRE 0188505

Regular

Feb 25, 2008

TAMMY BRADSHAW vs. SANTE HEALTH SYSTEM, INC., CAMBRIDGE INTEGRATED SERVICES

This case involves applicant Tammy Bradshaw seeking reconsideration of a prior Workers' Compensation Appeals Board (WCAB) decision. The applicant disputes the limited period of temporary total disability (TTD) awarded and challenges the calculated TTD rate. The WCAB granted reconsideration, rescinded the prior award, and returned the case to the trial level for further proceedings to clarify evidence regarding the applicant's average weekly earnings and the correct TDI rate.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardTemporary Total DisabilityTemporary Disability Indemnity RateAverage Weekly EarningsIndustrial InjuryPermanent DisabilityFurther Medical TreatmentTreating Physician Opinion

References

Case No. MISSING

Regular Panel Decision

Almonte v. Cauldwell-Wingate Co.

Third-party defendant Bradshaw Mechanical Co., Inc., the plaintiff's employer, moved to dismiss the amended third-party complaint and cross-claims filed against it by Cauldwell-Wingate Company, LLC. Cauldwell-Wingate, the general contractor, sought contribution and indemnification from Bradshaw for an injury sustained by the unnamed plaintiff. The court noted that the plaintiff's fractured wrist was not a "grave injury," which is typically required for such claims against an employer under Workers' Compensation Law § 11. Cauldwell-Wingate argued for indemnification based on a subcontract between ASM Mechanical Systems and Bradshaw, which referred to a "Contractor." However, the court found the indemnification provision ambiguous, as Cauldwell-Wingate was neither a signatory nor explicitly named. Consequently, the court granted Bradshaw Mechanical Co.'s motion, dismissing the claims by Cauldwell-Wingate.

Third-party complaintIndemnificationContributionGeneral contractor liabilitySubcontractor liabilityWorkers' Compensation LawGrave injuryMotion to dismissContract interpretationVicarious liability

References

Case No. AD9557630

Regular

Dec 08, 2015

MARIA CAMACHO ROJAS vs. JACK BRADSHAW DOG SHOW, BARRETT BUSINESS SERVICES, INC.

This case involves a defendant's petition for removal of an administrative law judge's order continuing a workers' compensation case for further trial. The defendant argued it would suffer irreparable harm due to denied due process and incomplete discovery, specifically regarding a medical report. The Appeals Board denied the petition, finding removal an extraordinary remedy not warranted here. The Board concluded that the defendant has adequate remedies, including presenting further evidence at the next trial and seeking reconsideration if an adverse decision issues.

Petition for RemovalWCJ OrderDue ProcessDiscoveryMedical ReportPQMEThreshold IssueAOE/COELabor Code § 4060Substantial Prejudice

References

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TAMMY BRADSHAW vs. SANTE HEALTH SYSTEM, INC., CAMBRIDGE INTEGRATED SERVICES

Almonte v. Cauldwell-Wingate Co.

Third-party complaintIndemnificationContributionGeneral contractor liabilitySubcontractor liabilityWorkers' Compensation LawGrave injuryMotion to dismissContract interpretationVicarious liability

MARIA CAMACHO ROJAS vs. JACK BRADSHAW DOG SHOW, BARRETT BUSINESS SERVICES, INC.

Petition for RemovalWCJ OrderDue ProcessDiscoveryMedical ReportPQMEThreshold IssueAOE/COELabor Code § 4060Substantial Prejudice