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

Case No. ADJ1745994 (LAO 0863856)
Regular
May 07, 2014

VLADMIR KIRAKOSYAN vs. QUALITY SECURITY SERVICE, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded the original Findings and Order. The Board remanded the case to the trial level to further develop the medical record concerning the applicant's Bell's palsy. This is to clarify whether the condition is causally related to the industrial injury or solely a result of litigation stress, which would impact the defendant's liability for treatment. The applicant argued the defendant failed to follow utilization review procedures and unreasonably substituted its claims examiner's opinion for the treating physician's. The court acknowledged that if the Bell's palsy is industrial, even partially, the defendant is liable for treatment.

Workers' Compensation Appeals BoardVladmir KirakosyanQuality Security ServiceState Compensation Insurance FundFindings and OrderPetition for ReconsiderationFacial TherapyBell's PalsyLitigation StressIndustrial Injury
References
Case No. ADJ11387852
Regular
Dec 01, 2019

KRISTINA ALEKSENTEVA vs. ARAMARK UNIFORM SERVICES, ACE AMERICAN INSURANCE COMPANY

This case concerns an applicant's claim for workers' compensation temporary disability benefits following an industrial injury in 2016. The defendant sought reconsideration of a prior award, arguing insufficient evidence of temporary total disability. The Workers' Compensation Appeals Board denied reconsideration, affirming the award based on the substantial medical evidence from Dr. Rosalind Hsia. The Board found the defendant failed to meet its burden of proving the employer offered work accommodating the applicant's documented restrictions.

Kristina AleksentevaAramark Uniform ServicesACE American InsuranceADJ11387852Petition for ReconsiderationFindings and AwardTemporary Disability IndemnityLabor Code section 4656Qualified Medical ExaminerRosalind Hsia
References
Case No. ADJ1933876 (LBO 0325194) ADJ119386 (LBO 0325833)
Regular
Nov 14, 2008

Leon Aubry vs. Los Angeles County Fire Department

This case involves a firefighter's cumulative trauma and specific injuries resulting in various conditions including hearing loss, knee and back injuries, hypertension, Bells Palsy, and heart issues. Following a Court of Appeal remand due to the Board's failure to adequately address apportionment and causation in light of recent case law, the Board granted reconsideration. The Board deferred issues of permanent disability, apportionment, and certain specific injuries for further proceedings at the trial level.

RemittiturAnnulmentApportionmentCausationCumulative TraumaPermanent DisabilityHypertensionBells PalsyArrhythmiasHearing Loss
References
Case No. ADJ347577 (SAC 0220919)
Regular
Jul 09, 2009

STEPHEN FLANNERY vs. G & O SERVICES, RELIANCE INSURANCE, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, PACIFC BELL

In this workers' compensation case, the Appeals Board affirmed an award for applicant Stephen Flannery's back and psyche injury. Pacific Bell, the special employer, was found jointly and severally liable with the general employer's insurer, Reliance (now CIGA), for ongoing benefits, as Pacific Bell's self-insurance constitutes "other insurance." The Board reversed the WCJ's award of temporary total disability beyond the five-year jurisdictional limit unless the disability straddled the anniversary date. The doctrine of laches was found inapplicable against CIGA, and CIGA was not liable for EDD's lien as Pacific Bell was the primary source of benefits.

Workers' Compensation Appeals BoardCIGAReliance Insurance liquidationCalifornia Insurance Guarantee AssociationPacific Bellspecial employerjoint and several liabilitylachesnew and further disabilityfive-year jurisdictional period
References
Case No. ADJ347577
Regular
Mar 09, 2011

STEPHEN FLANNERY vs. G & O SERVICES, ODIE PRETTYMAN, PACIFIC BELL, CAMBRIDGE SACRAMENTO, HELMSMAN MANAGEMENT, SEDGWICK CIGA GLENDALE

The Workers' Compensation Appeals Board denied Pacific Bell's petition for reconsideration regarding a penalty on delayed temporary disability payments. The WCJ had previously ordered Pacific Bell to pay the overdue temporary disability benefits and deferred the penalty issue. Pacific Bell argued the penalty claim was resolved under Labor Code §5814(c) upon payment, but the Board found no merit in this argument. The matter is returned to the trial level for resolution of the applicant's attorney fees related to the penalty under Labor Code §5814.5.

Workers' Compensation Appeals BoardReconsiderationLabor Code §5814.5Attorneys' FeesCalifornia Insurance Guarantee Association (CIGA)Pacific BellTemporary Disability IndemnityPenaltiesInterestAward
References
Case No. ADJ1357786 (RDG 0126731)
Regular
May 10, 2010

MARK JAMES vs. PACIFIC BELL TELEPHONE COMPANY; PERMISSIBLY SELF-INSURED ADMINISTERED BY SEDGWICK 14627 ONTARIO

The Workers' Compensation Appeals Board denied Pacific Bell's petition for reconsideration of an award to Mark James. The original award found James sustained a 100% permanent disability due to industrial melanoma, and Pacific Bell argued for apportionment to non-industrial causes. The Board affirmed the finding that the Agreed Medical Evaluator, Dr. Blau, was unable to determine the percentage of disability caused by non-industrial factors due to insufficient information. This inability to apportion, not a failure to consult, meant Pacific Bell failed to meet its burden of proof for apportionment.

Workers' Compensation Appeals BoardPacific Bell Telephone CompanyMark JamesMaintenance Splicing TechnicianMelanomaPermanent DisabilityApportionmentLabor Code Section 4663Agreed Medical Evaluator (AME)Dr. Robert Blau
References
Case No. ADJ3478352 (OAK 0318333)
Regular
Feb 25, 2016

RUKIYA PIERSON vs. PACIFIC BELL, SEDGWICK

In *Pierson v. Pacific Bell*, the Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration of a December 14, 2015 decision. The WCAB deemed reconsideration necessary to allow further study of the factual and legal issues to ensure a just and reasoned decision. Pending the WCAB's decision after reconsideration, all related communications must be filed directly with the Board's Office of the Commissioners and not with district offices or via e-filing.

Petition for ReconsiderationWorkers' Compensation Appeals BoardPacific BellSedgwickStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionOffice of the CommissionersElectronic Adjudication Management SystemEAMS
References
Case No. ADJ1099489 (VNO 0555304)
Regular
Jan 15, 2013

MICHELLE HALLIE vs. PACIFIC BELL AND TELEPHONE (AT&T successor in interest)

This case involves applicant Michelle Hallie and defendant Pacific Bell (AT&T) seeking reconsideration of a decision filed October 22, 2012. The Workers' Compensation Appeals Board has granted reconsideration due to statutory time constraints and the need for further study of the factual and legal issues. This action is taken to ensure a complete understanding of the record and to render a just decision after appropriate further proceedings. All future communications regarding this case must be filed in writing with the Office of the Commissioners of the WCAB.

Workers' Compensation Appeals BoardPacific BellAT&T successorSedgwick Claims Management ServicesPetition for ReconsiderationGranting ReconsiderationStatutory time constraintsFactual and legal issuesJust and reasoned decisionFurther proceedings
References
Case No. ADJ2647713 (SFO 0504908) ADJ2419734 (SFO 0504906) ADJ292246 (SFO 0505632)
Regular
Sep 28, 2010

ANNA HONG vs. SBC INTERNET SERVICES/PACIFIC BELL, AMERICAN HOME ASSURANCE, SEDGWICK CLAIMS MANAGEMENT SERVICES

This case involves applicant Anna Hong and defendants SBC Internet Services/Pacific Bell and its insurer. The Workers' Compensation Appeals Board is issuing an order to dismiss the Petition for Removal filed by the applicant. This dismissal is based solely on the applicant's withdrawal of that petition. Deputy Commissioner Schmitz, who was part of a prior panel, is unavailable to participate further.

Petition for RemovalWithdrawn PetitionDismissed PetitionWorkers' Compensation Appeals BoardSBC Internet ServicesPacific BellAmerican Home AssuranceSedgwick Claims Management ServicesDeputy Commissioner SchmitzCase Numbers
References
Case No. ADJ3362717 (VNO 0348210) ADJ785044 (VNO 0327922)
Regular
Jul 02, 2012

JEAN WHITE vs. TACO BELL CORPORATION, ZURICH INSURANCE COMPANY

This case involves Jean White's workers' compensation claim against Taco Bell Corporation and its insurer, Zurich Insurance Company. The Workers' Compensation Appeals Board (WCAB) has issued an order denying White's petition for reconsideration. The WCAB adopted the findings of the workers' compensation administrative law judge (WCJ) in its decision.

WCABOrder Denying ReconsiderationPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeWCJ reportJean WhiteTaco Bell CorporationZurich Insurance CompanyADJ3362717VNO 0348210
References
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