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Case Law Database

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

Case No. ADJ8590622

Regular

Mar 16, 2017

MICHAEL BAKER vs. CITY OF LOS ANGELES; Permissibly SelfInsured

The Workers' Compensation Appeals Board denied the City of Los Angeles' petition for reconsideration. The Board affirmed the finding that applicant Michael Baker sustained an industrial cumulative trauma injury to multiple body parts, including hearing loss and skin disorders, over his employment as a police officer. The defendant's attempt to raise the issue of separate dates of injury under Labor Code section 5412 for these conditions for the first time at trial was deemed waived. This failure to timely raise the issue prevented the applicant from responding and was not adequately addressed in pre-trial statements.

Workers' Compensation Appeals BoardCity of Los AngelesPermissibly Self-InsuredMichael BakerIndustrial cumulative trauma injuryPolice officerBilateral hearing lossTinnitusCervical spineLumbar spine

References

Case No. ADJ1457992

Regular

Oct 07, 2014

DARLENE HELLER vs. LOWELL BAKER'S STRIPING SERVICE, CIGA, SEDGWICK CMS for FREMONT INDEMNITY INSURANCE

In *Heller v. Lowell Baker's Striping Service*, the Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration of a July 17, 2014 decision. The WCAB determined that further study of the factual and legal issues was necessary to ensure a just and reasoned decision. Consequently, all future communications regarding this case must be filed in writing with the Office of the Commissioners of the WCAB and not submitted to any district office or e-filed.

Workers' Compensation Appeals BoardPetition for ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionFurther ProceedingsOffice of the CommissionersElectronic Adjudication Management SystemADJ1457992Lowell Baker's Striping Service

References

Case No. ADJ784406 (FRE 0235717) ADJ1582511 (FRE 0243418)

Regular

Apr 02, 2013

ALTON TALLEY vs. MARK ONE CORPORATION, NBJ/ELNESS CONVALESCENT HOSPITAL, INTERCARE INSURANCE SERVICES

The Workers' Compensation Appeals Board denied reconsideration of an arbitration decision regarding medical expense allocation. The decision relied on Dr. Baker's opinion that the December 12, 2006 injury, insured by Intercare, was primarily responsible for treatment expenses between that date and December 10, 2008. The petitioner argued Dr. Baker's report was not substantial evidence and that Dr. Murphy's report should prevail. However, the Board adopted Dr. Baker's report, noting Dr. Murphy's own report largely concurred with its findings for the disputed period.

WORKERS' COMPENSATION APPEALS BOARDALTON TALLEYMARK ONE CORPORATIONNBJ/ELNESS CONVALESCENT HOSPITALINTERCARE INSURANCE SERVICESRICHARD G. BAKERM.D.DR. MURPHYSUBSTANTIAL EVIDENCEMEDICAL OPINION

References

Case No. GOL 0099895

Regular

Nov 16, 2007

CURTIS BAKER vs. UCSB, SEDGWICK CMS

The Workers' Compensation Appeals Board granted reconsideration, finding that Curtis Baker's claim was not barred by the statute of limitations. The Board determined that Baker did not possess sufficient knowledge of the industrial causation of his knee injury until an agreed medical examiner opined on February 12, 2007. Consequently, the case was returned to the trial level for further proceedings.

Statute of LimitationsContinuous TraumaDate of InjuryLabor Code Section 5412Compensable DisabilityKnowledge of Industrial CausationAgreed Medical Examiner (AME)Medical Expert OpinionWork-Related DisabilityBurden of Proof

References

Case No. ADJ11121014

Regular

Nov 02, 2019

DIANA BAKER vs. BAKERSFIELD CITY SCHOOL DISTRICT

The Workers' Compensation Appeals Board (WCAB) dismissed Diana Baker's petition for reconsideration against Bakersfield City School District. The dismissal was based on the petition being untimely filed. California law requires petitions for reconsideration to be filed within 25 days of the served decision. In this case, Baker's petition was filed significantly beyond this jurisdictional deadline, rendering the WCAB without authority to review it.

Petition for ReconsiderationUntimely filingJurisdictional time limitWorkers' Compensation Appeals BoardAdministrative law judgeWCJ decisionProof of mailing insufficientDismissal orderCase ADJ11121014Bakersfield City School District

References

Case No. ADJ1371452 (FRE 0216183)

Regular

Jan 05, 2012

PATRICK O'BRIEN vs. COUNTY OF FRESNO/SHERIFF'S DEPARTMENT, YORK INSURANCE SERVICES

This case returns to the WCAB following a court remittitur, directing reconsideration based on the *Baker* decision. The *Baker* ruling clarified that Cost of Living Adjustments (COLAs) under Labor Code section 4659(c) are applied prospectively from the January 1st following entitlement. For this applicant's total permanent disability, permanent and stationary status and benefit commencement were April 26, 2008, entitling them to the COLA from January 1, 2009. Consequently, the WCAB granted reconsideration, affirmed the original award except for substituted findings regarding the COLA start date, and deferred the attorney's fees issue for trial level determination.

RemittiturBaker v. Workers' Comp. Appeals Bd.Labor Code section 4659(c)COLAPermanent and Stationary DateTotal Permanent DisabilityLife PensionState Average Weekly WageAttorney's FeesJurisdiction Reserved

References

Case No. ADJ1654456 (SAC 0277413)

Regular

Nov 21, 2014

MIMI BAKER vs. ADVANCED BIO MECHANICS; GALLAGHER BASSETT

The Workers' Compensation Appeals Board (WCAB) reconsidered a case where a judge dismissed penalty allegations against the defendant. The applicant argued this dismissal violated Appeals Board rules against summary disposition. The WCAB agreed, rescinded the judge's dismissal orders, and returned the case to the trial level. This allows the judge to conduct necessary proceedings to decide the pending penalty and sanctions issues.

Workers' Compensation Appeals BoardMimi BakerAdvanced Bio MechanicsGallagher BassettOpinion and Decision After Reconsiderationpenalty allegationssanctionssummary dispositionAppeals Board rule 10490Labor Code section 5813

References

Case No. ADJ8924427

Regular

Oct 10, 2014

JAVIER CHAVARRIA vs. JUAN RAMON VASQUEZ doing business as JRV CONSTRUCTION, INC., TOWER SELECT INSURANCE, CHRISTINE BAKER, DIRECTOR OF THE CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS, as administrator of the UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Workers' Compensation Appeals Board (WCAB) dismissed Tower Select Insurance's petition for removal due to multiple procedural defects. The petition, styled as a request to reset trial dates and strike the record, was not properly verified as required by WCAB Rule 10450(e). Furthermore, the petition lacked specific references to the record and legal principles, violating WCAB Rule 10846. The WCAB also noted that reconsideration is only available for final orders, and this petition did not meet that criterion.

WORKERS' COMPENSATION APPEALS BOARDJAVIER CHAVARRIAJUAN RAMON VASQUEZJRV CONSTRUCTIONTOWER SELECT INSURANCECHRISTINE BAKERUNINSURED EMPLOYERS BENEFITS TRUST FUNDPetition for RemovalWCJReport and Recommendation

References

Case No. ADJ1035201

Regular

Oct 04, 2016

VICTOR DURAN vs. DONUT INN, STATE FARM INSURANCE COMPANY

The Appeals Board is considering rescinding an order that dismissed Metro Med Shockwave's lien claim for failure to pay a $\$100$ lien activation fee. The WCJ dismissed the lien because the fee was not paid before the lien conference, citing prior precedent. However, the lien claimant argues they had until December 31, 2015, to pay the fee based on a DWC Newsline article referencing a court order. The Board intends to rescind the dismissal if the fee is paid within ten days, allowing further proceedings on the lien claim.

Labor Code section 4903.06Lien activation feeWorkers' Compensation Appeals BoardMetro Med ShockwaveFigueroa v. B.C Doering Co.Angelotti Chiropractic v. BakerPreliminary injunctionDWC NewslineReconsiderationRescind order

References

Case No. SBR 0331758

Regular

Apr 21, 2008

MITZI L. THOMAS vs. BAKERS BURGERS, INC., STATE COMPENSATION INSURANCE FUND

The Appeals Board affirmed the WCJ's award for self-procured medical treatment due to the defendant's significant delay in authorizing a necessary MRI, which was requested by their own MPN physicians from the outset. The Board found that this delay, combined with other failures in providing timely and adequate treatment, excused the applicant from strictly adhering to MPN dispute resolution procedures. Therefore, the defendant was liable for the applicant's reasonable, self-procured medical expenses.

Workers Compensation Appeals BoardMitzi L. ThomasBakers Burgers Inc.State Compensation Insurance FundSBR 0331758ReconsiderationIndustrial InjuryBilateral WristsBilateral KneesNeck

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. ADJ8590622

Regular

Mar 16, 2017

MICHAEL BAKER vs. CITY OF LOS ANGELES; Permissibly SelfInsured

Workers' Compensation Appeals BoardCity of Los AngelesPermissibly Self-InsuredMichael BakerIndustrial cumulative trauma injuryPolice officerBilateral hearing lossTinnitusCervical spineLumbar spine

References

Case No. ADJ1457992

Regular

Oct 07, 2014

DARLENE HELLER vs. LOWELL BAKER'S STRIPING SERVICE, CIGA, SEDGWICK CMS for FREMONT INDEMNITY INSURANCE

References

Case No. ADJ784406 (FRE 0235717) ADJ1582511 (FRE 0243418)

Regular

Apr 02, 2013

ALTON TALLEY vs. MARK ONE CORPORATION, NBJ/ELNESS CONVALESCENT HOSPITAL, INTERCARE INSURANCE SERVICES

WORKERS' COMPENSATION APPEALS BOARDALTON TALLEYMARK ONE CORPORATIONNBJ/ELNESS CONVALESCENT HOSPITALINTERCARE INSURANCE SERVICESRICHARD G. BAKERM.D.DR. MURPHYSUBSTANTIAL EVIDENCEMEDICAL OPINION

References

Case No. GOL 0099895

Regular

Nov 16, 2007

CURTIS BAKER vs. UCSB, SEDGWICK CMS

References

Case No. ADJ11121014

Regular

Nov 02, 2019

DIANA BAKER vs. BAKERSFIELD CITY SCHOOL DISTRICT

References

Case No. ADJ1371452 (FRE 0216183)

Regular

Jan 05, 2012

PATRICK O'BRIEN vs. COUNTY OF FRESNO/SHERIFF'S DEPARTMENT, YORK INSURANCE SERVICES

References

Case No. ADJ1654456 (SAC 0277413)

Regular

Nov 21, 2014

MIMI BAKER vs. ADVANCED BIO MECHANICS; GALLAGHER BASSETT

References

Case No. ADJ8924427

Regular

Oct 10, 2014

JAVIER CHAVARRIA vs. JUAN RAMON VASQUEZ doing business as JRV CONSTRUCTION, INC., TOWER SELECT INSURANCE, CHRISTINE BAKER, DIRECTOR OF THE CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS, as administrator of the UNINSURED EMPLOYERS BENEFITS TRUST FUND

References

Case No. ADJ1035201

Regular

Oct 04, 2016

VICTOR DURAN vs. DONUT INN, STATE FARM INSURANCE COMPANY

References

Case No. SBR 0331758

Regular

Apr 21, 2008

MITZI L. THOMAS vs. BAKERS BURGERS, INC., STATE COMPENSATION INSURANCE FUND

Workers Compensation Appeals BoardMitzi L. ThomasBakers Burgers Inc.State Compensation Insurance FundSBR 0331758ReconsiderationIndustrial InjuryBilateral WristsBilateral KneesNeck

References

Showing 1-10 of 121 results

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