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

Case No. OXN 131251
Regular
Dec 05, 2007

DORIS STOCKS vs. THE URBAN GROUP dba THE GABLES OF OJAI, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, INTERCARE INSURANCE SERVICES, LEGION INSURANCE

The Appeals Board rescinded a penalty against CIGA for delayed temporary disability payments, finding penalties are not covered claims. The Board also amended the award to apportion one-third of the applicant's permanent disability to pre-existing degenerative disease, reducing the awarded permanent disability based on Dr. Berman's opinion. Consequently, the applicant's awarded permanent disability is reduced to 51%.

Workers' Compensation Appeals BoardDORIS STOCKSTHE URBAN GROUPTHE GABLES OF OJAICALIFORNIA INSURANCE GUARANTEE ASSOCIATION (CIGA)INTERCARE INSURANCE SERVICESLEGION INSURANCEOpinion and Decision After ReconsiderationTemporary DisabilityPermanent Disability
References
Case No. ADJ7699249
Regular
Jan 09, 2012

DEREK DEMUN vs. SQUAW VALLEY SKI CORP.

This case involved applicant Derek Demun's workers' compensation claim against Squaw Valley Ski Corp. and its insurer, Safety National Casualty Corp. The Appeals Board granted reconsideration, amending the prior decision. The amendment clarifies that the applicant is entitled to 24-hour home health care for the first 60 days post-hospitalization, followed by indefinitely eight hours per day, provided by his parents. The Board also affirmed the award of central air conditioning and heating for the applicant's home.

Workers' Compensation Appeals BoardDerek DemunSquaw Valley Ski Corp.Safety National Casualty Corp.Matrix Absence ManagementInc.ReconsiderationWCJ reportHome health careCraig Hospital
References
Case No. AHM 144623
Regular
Apr 25, 2008

GARY WARD vs. GARDNER TRUCKING, NATIONAL INTERSTATE INSURANCE

This case involves Gary Ward as the applicant and Gardner Trucking and its insurer as defendants. The Workers' Compensation Appeals Board (WCAB) has granted the defendant's petition for reconsideration of a prior decision. All future communications regarding this matter must be directed to the WCAB's Reconsideration Unit.

Workers' Compensation Appeals BoardPetition for ReconsiderationReconsideration UnitGardner TruckingNational Interstate InsuranceGary WardApplicantDefendantOpinion and OrderDecision After Reconsideration
References
Case No. ADJ3080176 (LAO 0871214)
Regular
Sep 14, 2018

ROSS ISAACS vs. DOUG APATOW AGENCY, INC., STATE COMPENSATION INSURANCE FUND

The Appeals Board denied defendant's petition for removal, upholding the WCJ's order allowing the deposition of the Agreed Medical Evaluator (AME), Dr. Berman. Defendant argued the deposition was improper because Dr. Berman's prior reports were stricken from the record. However, the Board found no substantial prejudice or irreparable harm, noting the order permitted further record development. The Board clarified that even if Dr. Berman's reports were considered stricken, the WCJ could still develop the record by seeking supplemental information from the AME.

Removal petitionAgreed Medical EvaluatorOtorhinolaryngologyMinute OrderPetition to StrikeOrder Taking Case Off CalendarSupplemental medical reportsDepositionSubstantial prejudiceIrreparable harm
References
Case No. ADJ3851666 (AHM 0142294) ADJ6984864
Regular
Sep 03, 2010

EDWARD NEWMAN vs. SOUTHERN CALIFORNIA EDISON

This case involves a Petition for Removal filed by Edward Newman against Southern California Edison. The Workers' Compensation Appeals Board (WCAB) reviewed the petition and the accompanying report from the administrative law judge. Finding no grounds to disturb the WCJ's findings, the WCAB has issued an order denying removal. Therefore, the petition to remove the case from its current procedural stage has been rejected.

Workers' Compensation Appeals BoardPetition for RemovalWCJ reportdenying removalSouthern California EdisonPermissibly Self-InsuredADJ3851666ADJ6984864administrative law judgeRonnie G. Caplane
References
Case No. ADJ8157719
Regular

NICOLAS MERCADO vs. CO-WEST COMMODITIES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, ULLICO CASUALTY COMPANY

In this workers' compensation case, Nicolas Mercado filed a Petition for Removal. The Workers' Compensation Appeals Board reviewed the petition and the administrative law judge's report. Finding no grounds for removal, the Board denied the petition, adopting the judge's reasoning.

Petition for RemovalWorkers' Compensation Appeals BoardCalifornia Insurance Guarantee AssociationULLICO Casualty CompanyliquidationPatriot Risk Servicesadministrative law judgeADJ8157719denial of removalBerman More & Gonzalez
References
Case No. ADJ1834869
Regular
Feb 10, 2014

GREGORY CLEVELAND vs. CITY OF LOS ANGELES

The Workers' Compensation Appeals Board denied the employer's petition for reconsideration regarding permanent disability (PD) awarded to the applicant. The Board adopted the findings of the administrative law judge, noting the defendant's failure to cross-examine the rater on the calculation of PD, which included instructions to consider overlap of heavy lifting. Furthermore, the Board admonished the defendant for attaching documents to its petition in violation of board rules. The applicant was awarded PD based on restrictions from heavy lifting for his cervical spine and right shoulder.

WORKERS' COMPENSATION APPEALS BOARDCITY OF LOS ANGELESPERMISSIBLY SELF-INSUREDPETITION FOR RECONSIDERATIONDENIEDRATING INSTRUCTIONSOVERLAPVERY HEAVY LIFTINGAPPORTIONMENTLABOR CODE §4664
References
Case No. ADJ1529722
Regular
Apr 23, 2012

ALEXANDRA JAMISON vs. WELLS FARGO BANK, TRAVELERS INSURANCE

This case involves an applicant, Alexandra Jamison, and defendants Wells Fargo Bank and Travelers Insurance. The Workers' Compensation Appeals Board (WCAB) issued an order denying reconsideration of a prior decision. The WCAB adopted and incorporated the reasons presented in the workers' compensation administrative law judge's report for their denial. Therefore, the applicant's petition for reconsideration was unsuccessful.

Workers' Compensation Appeals BoardAlexandra JamisonWells Fargo BankTravelers InsuranceADJ1529722LAO 0830997Order Denying ReconsiderationPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeWCJ
References
Case No. MON 323982 MON 323983
Regular
Mar 10, 2008

Gina Malcolm vs. KELLY STAFF LEASING, CNA

This case concerns Gina Malcolm's workers' compensation claims for a right hip injury and a left shoulder injury. The applicant sought reconsideration of a decision that apportioned 25% of her permanent disability for both injuries to pre-existing, non-industrial osteonecrosis. The Board denied reconsideration, affirming the original finding that the apportionment was proper based on the Agreed Medical Examiner's opinion regarding the causation of the permanent disability.

Gina MalcolmKelly Staff LeasingCNAPetition for ReconsiderationFindings and Awardpermanent disabilityapportionmentnon-industrial factorsAgreed Medical Examiner (AME)Dr. Jeffrey Berman
References
Case No. VNO 452114, VNO 452108
Regular
Aug 17, 2007

AURELIA SANCHEZ vs. PARACELSUS HEALTH CORP.

The Appeals Board granted reconsideration of the WCJ's decision, finding that the Agreed Medical Examiner's (AME) opinion regarding the applicant's neck injury was not substantial evidence. This was due to the AME's failure to review relevant medical records and consider the applicant's subsequent neck surgery. The case is returned to the trial level for further development of the record, including potentially obtaining a supplemental opinion from the AME or appointing a new medical examiner.

Workers Compensation Appeals BoardAurelia SanchezParacelsus Health Corp.industrial injurybilateral handswristsneck injuryorthopedic agreed medical examinerAMEDr. Jeffrey A. Berman
References
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