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

Case No. ADJ1735018
Regular
Oct 28, 2010

CYNTHIA BLACKLEDGE vs. BANK OF AMERICA, ACE AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) denied Bank of America's Petition for Removal. Removal is an extraordinary remedy granted only when substantial prejudice or irreparable harm will result and reconsideration is inadequate. The WCAB found that Bank of America failed to meet these stringent standards. Therefore, the petition was denied.

Petition for RemovalDenying RemovalExtraordinary RemedySubstantial PrejudiceIrreparable HarmReconsiderationAdverse DecisionWCJ ReportBank of AmericaACE American Insurance Company
References
Case No. ADJ7560161
Regular
Feb 16, 2017

Julie Cagle vs. Bank of America, ACE AMERICAN INSURANCE COMPANY

This case involves Julie Cagle's workers' compensation claim against Bank of America for admitted industrial injuries to her psyche and abdomen. The Appeals Board reconsidered a prior award, increasing the applicant's permanent disability rating. The key dispute centered on the proper rating for internal injuries under the AMA Guides, with the applicant arguing for a higher WPI rating based on a Class 3 classification. The Board ultimately determined the applicant's internal system impairment warranted a 25% WPI, leading to a total of 49% permanent disability. The award was also clarified to allow the defendant credit for permanent disability advances already paid.

Workers' Compensation Appeals BoardJulie CagleBank of AmericaAce American Insurance CompanyCorvelPetition for ReconsiderationFindings of Fact and AwardInternal Systems InjuryPsyche InjuryPermanent Disability
References
Case No. ADJ8570774
Regular
Jan 14, 2014

ARNO SAFARIAN vs. BANK OF AMERICA, ACE AMERICAN INSURANCE COMPANY, GALLAGHER BASSET SERVICES, INC.

This case involves Arno Safarian's workers' compensation claim against Bank of America, administered by Gallagher Bassett Services. The Workers' Compensation Appeals Board has denied Safarian's Petition for Reconsideration. The Board adopted the administrative law judge's report and reasoning, giving significant weight to the judge's credibility findings. Therefore, the petition for reconsideration was formally denied.

Petition for ReconsiderationWCJ reportcredibility findingGarza v. Workmen's Comp. Appeals Bd.Van Nuys District OfficeBank of AmericaAce American Insurance CompanyGallagher Bassett Servicesworkers' compensation administrative law judgeWorkers' Compensation Appeals Board
References
Case No. ADJ3393930 (AHM 0089017) ADJ2735537 (AHM 0094395)
Regular
May 06, 2013

DAVID CARMONA vs. BMW OF NORTH AMERICA, ZURICH NORTH AMERICA, FIREMAN'S FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration in *Carmona v. BMW of North America*, finding the Workers' Compensation Judge's (WCJ) report insufficient. The WCAB rescinded the WCJ's prior decision and returned the case for further proceedings and a new decision. While the WCJ intended to correct a clerical error regarding cumulative trauma dates, the WCAB felt further development of the record was needed on temporary total disability, but not apportionment related to Dr. Stewart. This is not a final decision on the merits.

DAVID CARMONABMW OF NORTH AMERICAZURICH NORTH AMERICAFIREMAN'S FUNDWORKERS' COMPENSATION APPEALS BOARDRECONSIDERATIONADMINISTRATIVE LAW JUDGECLERICAL ERRORCUMULATIVE TRAUMATEMPORARY TOTAL DISABILITY
References
Case No. ADJ6793144
Regular
Sep 20, 2012

LALITA CHAND vs. BANK OF AMERICA, GALLAGHER BASSETT SERVICES, INC.

This case involves a petition for reconsideration of an order regarding a Qualified Medical Evaluator (QME). The Appeals Board dismissed the petition for reconsideration because the underlying order was interlocutory and not a final determination of substantive rights. The Board also denied the petition for removal, finding no showing of substantial prejudice or irreparable harm. The primary dispute concerned whether Applicant's attorney's communications with the QME warranted a replacement QME, which the Judge found did not occur due to the communication not being an "initial" evaluation and the defendant's procedural failures. The Board returned the issue of sanctions to the Workers' Compensation Judge for further proceedings.

ADJ6793144LALITA CHANDBANK OF AMERICAGALLAGHER BASSETT SERVICESINC.PETITION FOR RECONSIDERATIONDENY REMOVALFINAL ORDERINTERLOCUTORY DECISIONSSUBSTANTIVE RIGHT
References
Case No. ADJ9455349
Regular
Nov 29, 2017

TIANA FERNANDEZ vs. BANK OF AMERICA, ACE AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) issued an order dismissing Tiana Fernandez's petition for reconsideration. The dismissal was based on the petitioner's withdrawal of their own petition. This action renders the prior decision from September 8, 2017, final.

Petition for ReconsiderationWithdrawnDismissedWorkers' Compensation Appeals BoardApplicantDefendantsBank of AmericaAce American Insurance CompanyCase NumberOakland District Office
References
Case No. AD.J6839148
Regular
Apr 26, 2016

SHIRLEY SOISET vs. BANK OF AMERICA, ACE AMERICAN INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board granted the defendant's petition for removal concerning a prior finding that the medical record required development. The Board affirmed the original finding but amended it to correct a clerical error identifying the Panel Qualified Medical Evaluator and to reflect that the actual PQME, Dr. Rosco, is unavailable. Consequently, the parties are now ordered to attempt to agree on an Agreed Medical Evaluator or face the Workers' Compensation Judge appointing a physician to develop the record further.

Petition for RemovalFindings and OrderPanel Qualified Medical Evaluator (PQME)Supplemental ReportingAgreed Medical Evaluator (AME)Cumulative TraumaMedical RecordsSubstantial EvidenceWCJWorkers' Compensation Appeals Board
References
Case No. ADJ234831 (VNO 0352113) ADJ2036496 (VNO 0359792)
Regular
Jan 11, 2010

SHARON ABBASI vs. PREMIER AMERICA FEDERAL CREDIT; AMERICAN CASUALTY BROADSPIRE BREA, HARTFORD SACRAMENTO

This case involves an applicant seeking reconsideration of a Workers' Compensation Appeals Board decision. The Board denied the applicant's petition, upholding the finding of a psychiatric industrial injury resulting from a 1996 bank robbery. The applicant contended the WCJ erred by not finding a non-psychiatric physical injury, specifically fibromyalgia, despite evidence suggesting it. However, the Board agreed with the WCJ that the medical evidence, particularly from Drs. Gillis and Bluestone, failed to objectively substantiate an industrially related fibromyalgia diagnosis.

Workers' Compensation Appeals BoardPetition for ReconsiderationAmended Joint Findings and AwardIndustrial InjuryPsychePermanent DisabilityApportionmentBank TellerBank RobberyFibromyalgia
References
Case No. ADJ877465 (GOL 0100460) ADJ1413444 (GOL 0100461)
Regular
Dec 27, 2017

SUZANNE COSTELLO vs. NORTHERN TRUST BANK, ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, affirming the finding of 100% permanent disability for Suzanne Costello. The applicant sustained admitted injuries to her lumbar spine, psyche, and gastrointestinal system in a 2003 fall, resulting in significant physical limitations. Medical and vocational evidence supported the conclusion that she cannot participate in vocational rehabilitation or return to the labor market due to chronic pain, immobility, and psychological impairments. The Board found her limitations, including upper extremity symptoms noted by one evaluator, were consistent with the industrial injury and thus supported the total disability finding.

WCABNorthern Trust BankZurich North AmericaSuzanne CostelloFindings of Fact and AwardPetition for Reconsiderationvocational rehabilitationLeBoeuf analysisPermanent Disability Rating ScheduleReport and Recommendation
References
Case No. ADJ7845799, ADJ7931182
Regular
Jan 04, 2017

GARRY DAWSON vs. COUNTY OF LOS ANGELES

This case involves a Petition for Reconsideration by the defendant, the County of Los Angeles, challenging the admission of an Agreed Medical Examiner's (AME) report. The Workers' Compensation Appeals Board denied the petition, finding that the defendant waived any objection to the report and the communication of non-medical information to the AME. The Board specifically rejected the defendant's argument that the AME's report was improper based on *Blackledge v. Bank of America*. Therefore, the petition for reconsideration was denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationAgreed Medical Examiner (AME)Disability Evaluation Unit (DEU)consultative ratingex parte communicationwaived objectionsLabor Code section 4062.3Rule 35Joint Exhibit
References
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