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

Case No. LAO 863258
Regular
Oct 02, 2007

JULIE A. ALBRIGHT vs. SUN HEALTH CARE, AMERICAN HOME ASSURANCE COMPANY, BROADSPIRE

This case involves Julie Albright's workers' compensation claim against Sun Health Care and its administrator, Broadspire. The Workers' Compensation Appeals Board denied Broadspire's petition for reconsideration regarding their liability as administrator for Albright's cumulative trauma injury. The Board found it equitable to assign administration to Broadspire, despite their partial coverage, to avoid confusion given overlapping neck injuries and lien claimants.

ReconsiderationCumulative TraumaCT claimAdministering AwardContributionWrit DeniedLabor Code 5412Labor Code 4656(c)(1)Temporary DisabilityCarpal Tunnel
References
1
Case No. ADJ3633276 (SAC 0360146)
Regular
Jan 24, 2012

GAYE MARTIN vs. LENNAR CORPORATION, BROADSPIRE

The Workers' Compensation Appeals Board denied the Petition for Removal filed by defendants Lennar Corporation and its third-party administrator, Broadspire. The Board adopted the WCJ's report, which recommended denial because the applicant's request to take the case off calendar was granted to allow her to develop her case under a recent *Ogilvie* decision. Additionally, the defendants were admonished for Broadspire's failure to disclose the identity of its client as required by *Coldiron v. Compuware Corp.* and were put on notice that sanctions could be considered at the trial level.

WCABRemovalBroadspireThird-party administratorColdironLabor Code section 3700SanctionsLabor Code section 5813Off calendarMandatory Settlement Conference
References
2
Case No. ADJ6905244
Regular
Oct 12, 2011

IRIS CARDONA vs. ADECCO, BROADSPIRE

The Workers' Compensation Appeals Board denied reconsideration in the case of Iris Cardona v. Adecco; BroadsPIRE. The applicant alleged an injury from pulling a food cart, but the Board adopted the WCJ's report finding her not credible. Key factors included inconsistencies in her testimony and the failure to produce corroborating witnesses. The Board also noted that alleged violations of LC §3550 and §3551 were raised for the first time on appeal.

Workers' Compensation Appeals BoardReconsideration DeniedAdministrative Law JudgeApplicant CredibilityInjury AOE/COELabor Code §3550Labor Code §3551Labor Code §3600(a)(10)EAMSSpecific Injury
References
1
Case No. ADJ9097708
Regular
Jun 28, 2016

MARIA QUEZADA DUENAS vs. PRIDE INDUSTRIES, BROADSPIRE

The Workers' Compensation Appeals Board denied Maria Quezada Duenas' Petition for Removal against Pride Industries and Broadspire. The Board adopted the WCJ's report, finding that removal is an extraordinary remedy and the applicant failed to demonstrate substantial prejudice or irreparable harm. Furthermore, the applicant did not show that reconsideration would be an inadequate remedy for any potential adverse decision. The WCJ's report also noted a procedural defect in the verification of the petition.

Petition for RemovalWCABExtraordinary RemedySubstantial PrejudiceIrreparable HarmReconsiderationProcedural DefectVerificationCumulative TraumaPermanent and Stationary
References
4
Case No. ADJ9164098, ADJ9163276, ADJ10354934
Regular
Nov 27, 2017

NABIL ABD ALLAH vs. MV TRANSPORTATION, INC., BROADSPIRE

The Workers' Compensation Appeals Board denied the Petition for Removal filed by MV Transportation, Inc. and Broadspire. Removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm. The Board found that the applicant's failure to attend prior medical exams due to distance and transportation issues, and the need for a new medical report for amended claims, did not meet this high standard. The Board adopted the WCJ's reasoning that the order for examinations by physicians closer to the applicant's residence would facilitate the development of the record and serve substantial justice.

Petition for RemovalAppeals Board Rule 10848substantial prejudiceirreparable harmreconsiderationworkers' compensation administrative law judgeMV TransportationInc.Broadspiremedical reporting
References
7
Case No. ADJ7233668 ADJ7233692 ADJ7941780
Regular
Sep 23, 2014

WALTER MENJIVAR (DECEASED) vs. ABLE BODY LABOR, BROADSPIRE

In *Menjivar (Deceased) v. Able Body Labor; Broadspire*, the Workers' Compensation Appeals Board denied a Petition for Removal. The applicant sought to remove the cases from trial, arguing that an Agreed Medical Evaluator's report indicated a need for psychiatric expertise and that defendants' Declaration of Readiness to Proceed was defective. The Board adopted the WCJ's report, finding that any objections to the DOR were waived due to untimeliness, and that the applicant had prior opportunities to address discovery issues. Defense counsel was also admonished for failing to include her state bar number.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ reportDEIDRA E. LOWEKATHERINE ZALEWSKIMandatory Settlement ConferenceDeclaration of Readiness to ProceedDOR defectsinformal resolutionpsychiatrist opinion
References
0
Case No. ADJ1885780
Regular
Jun 02, 2010

SANDRA SHERMAN, SANDRA SMITH vs. GRAYBAR ELECTRIC COMPANY, BROADSPIRE

This case involves a petition for reconsideration filed by Applicant Sandra Sherman (also known as Sandra Smith) against Graybar Electric Company and BroadsPIRE. The Workers' Compensation Appeals Board (WCAB) dismissed the petition because it was not verified as required by Labor Code section 5902. Even if it had been verified, the WCAB would have denied the petition on its merits, adopting the reasoning of the workers' compensation administrative law judge.

Petition for ReconsiderationVerifiedLabor Code section 5902DismissalWorkers' Compensation Appeals BoardWCJReport and RecommendationDeny on the meritsSmith v. Workers' Comp. Appeals Bd.Lucena v. Workers' Comp. Appeals Bd.
References
2
Case No. LAO 863258, LAO 863456
Regular
Oct 02, 2007

JULIE A. ALBRIGHT vs. SUN HEALTH CARE, AMERICAN HOME ASSURANCE COMPANY, BROADSPIRE

The Workers' Compensation Appeals Board denied reconsideration of a finding that American Home Assurance, administered by Broadspire, was liable for administering an award for applicant Julie Albright's cumulative trauma injury. Despite covering only 39% of the period, the Board found it equitable for American Home Assurance to administer the award, given their responsibility for a specific injury and the potential confusion of dual administrators. The Board also upheld the determination of the cumulative trauma injury date and the administrator's responsibility for temporary disability payments.

WCABReconsiderationPetitionFindings and AwardAmerican Home AssuranceBroadspireCumulative TraumaDate of InjuryLabor Code § 5412Labor Code § 4656 (c) (1)
References
1
Case No. MON 299474 MON 299475 MON 299476
Regular
Jun 07, 2007

JEANINE BRINKER vs. THE BOEING COMPANY, BROADSPIRE, Third Party Administrator For ACE INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed The Boeing Company and Broadspire/ACE's petition for removal because it was filed three days late. The petition sought to rescind a prior order that had returned the case to the trial level for further proceedings regarding a lien claimant. Even if considered on its merits, the petition would have been denied due to a lack of demonstrated significant prejudice or irreparable harm.

Petition for removalOpinion and OrderWorkers' Compensation Appeals Boarduntimely petitionWCAB Rule 10843(b)Code of Civil Procedure section 1013(a)lien claimantSB Surgery CenterreconsiderationFindings and Award
References
2
Case No. ADJ3523217 (OAK 0271650)
Regular
Apr 20, 2010

PAULINE ROACH ARREDONDO vs. MAJOR LEGAL SERVICES AND ST. PAUL TRAVELERS INSURANCE, American Protection/Broadspire

The Workers' Compensation Appeals Board granted applicant's petition for removal, rescinding the prior orders. The Board allowed the applicant's election against St. Paul Travelers Insurance, finding its prior liability res judicata. Discovery by newly-joined defendant American Protection/Broadspire was stayed pending resolution of the claim against St. Paul. This decision supports the applicant's right to elect against a carrier with established liability.

Petition for RemovalElection Against CarrierLabor Code 5500.5(c)Res JudicataInterim Findings Award and OrderSt. Paul Travelers InsuranceAmerican Protection/BroadspireWCJ Report and RecommendationDiscovery StayWorkers' Compensation Appeals Board
References
0
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