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

Case No. ADJ4449218
Regular
Mar 04, 2010

LUIS ALVARADO vs. STAFFING SERVICES, INC., STATE COMPENSATION INSURANCE FUND

Here is a summary of the case in a maximum of four sentences for a lawyer: The Workers' Compensation Appeals Board denied reconsideration of the Administrative Law Judge's (ALJ) decision, which found jurisdiction over a dispute between an injured worker's applicant and defendant Staffing Services, Inc. The ALJ correctly determined that there was no express agreement between Staffing Services and the lien claimant, Beverly Hills Pharmacy, fixing payment amounts, thus Labor Code section 5304 did not divest the Board of jurisdiction. The Board also found that removal was not appropriate for this final determination. Procedural arguments regarding a denied continuance due to the defense attorney's illness were also rejected.

Workers' Compensation Appeals BoardReconsiderationRemovalLien ClaimantExpress AgreementLabor Code Section 5304JurisdictionStaffing Services Inc.State Compensation Insurance FundBeverly Hills Pharmacy
References
Case No. ADJ1543782
Regular
Aug 18, 2009

Richard E. Knudsen vs. CITY OF BEVERLY HILLS

In this workers' compensation case, the Board denied the defendant City of Beverly Hills' reconsideration of its prior decision. The Board had overturned a judge's finding that a police officer's shoulder injury sustained while exercising in the station gym during off-duty hours was not industrial. The Board determined the injury was compensable because it was a reasonable expectancy of employment under the specific circumstances. This decision reinforces the finding that the officer's workout was a reasonable part of his employment, even during off-duty hours.

Workers Compensation Appeals BoardCity of Beverly Hillspolice officerleft shoulder injuryindustrial injuryreasonable expectancyoff-duty hoursgymcompensablereconsideration
References
Case No. ADJ11280390
Regular
Mar 16, 2020

STEPHANIE ONG vs. BEVERLY HILLS BMW, THE HARTFORD

Applicant Stephanie Ong sought reconsideration of a prior decision in her workers' compensation case. The Workers' Compensation Appeals Board (WCAB) granted this petition for reconsideration. The WCAB found it necessary to conduct further study of the factual and legal issues to issue a just and reasoned decision. All future correspondence regarding the petition must be filed directly with the WCAB Commissioners in San Francisco, not with any district office or through e-filing.

WORKERS' COMPENSATION APPEALS BOARDSTEPHANIE ONGBEVERLY HILLS BMWTHE HARTFORDSEDGWICK CMSPetition for Reconsiderationgranting reconsiderationfactual and legal issuesjust and reasoned decisionfurther proceedings
References
Case No. ADJ1543782 (VNO 0540728)
Regular
May 27, 2009

Richard E. Knudsen vs. CITY OF BEVERLY HILLS

The Workers' Compensation Appeals Board granted reconsideration, reversing a previous decision that denied benefits for a police officer's shoulder injury. The Board found the injury sustained in the on-duty gym was industrial because the applicant's belief that working out was expected was objectively reasonable, given the employer provided gym facilities and allowed officers to stay overnight for safety and duty readiness. The injury is now considered a compensable industrial injury.

Workers' Compensation Appeals BoardCity of Beverly Hillspolice officeroff-duty injuryindustrial injuryreasonable expectancypersonal comfort doctrineexertional injurygym workoutpremises
References
Case No. ADJ1898212 (LAO 0671427) ADJ957820 (LAO 0688269)
Regular
Oct 07, 2008

SAMSON BOGANIM vs. BEVERLY HILLS HILTON, HILTON HOTELS CORPORATION

In this workers' compensation case, the Appeals Board affirmed a prior award finding the applicant entitled to retroactive vocational rehabilitation maintenance allowance. The applicant sustained industrial injuries to his neck and back, and a hernia, resulting in a combined permanent disability of 9.25%. The defendant's appeal was denied, upholding the finding that the applicant was a qualified injured worker entitled to benefits.

BoganimBeverly Hills HiltonHilton Hotels Corporationvocational rehabilitation maintenance allowancetemporary disability ratequalified rehabilitation representativesecurity guardsupervisorcumulative injuryindustrial injury
References
Case No. ADJ7981277
Regular
Mar 16, 2018

CYNTHIA HERRERA vs. INTERNATIONAL INSTITUTE OF LOS ANGELES, CYPRESS INSURANCE COMPANY

The lien claimant, Beverly Hills Radiology, sought removal of a trial setting order, alleging denial of due process. The Board granted removal, finding the trial setting order improperly excluded the lien claimant from participating in crucial pre-trial proceedings. This exclusion, based on perceived deficiencies in Notices of Representation, violated the lien claimant's right to a fair hearing. Consequently, the trial setting order was rescinded, and the matter was returned to the judge for further proceedings.

WCABremovallien claimantdue processnotice of representationtrial setting orderlien conferenceWCJCompromise and ReleaseAssignment
References
Case No. ADJ7367434
Regular
Mar 28, 2013

PAULA GOTLIBOWSKI vs. JP MORGAN CHASE BANK, LIBERTY MUTUAL INSURANCE COMPANY

The Appeals Board granted defendant's Petition for Removal, rescinding the prior order that vacated a Notice of Intention to Dismiss Lien. The WCJ had vacated the NOI because the defendant failed to provide proof of service, but the Board found the verbal order to file proof of service was not a valid written order. Therefore, the NOI to dismiss Beverly Hills Radiology's lien is reinstated, with dismissal to occur ten days after the opinion unless an objection showing good cause is timely filed. The Board also noted a procedural issue with the verification of the Petition for Removal.

Petition for RemovalOrder Vacating Notice of IntentionDismiss LienProof of ServiceBeverly Hills RadiologyMedical Lien ManagementWorkers' Compensation Appeals BoardWCJVerbal OrderStipulated Award
References
Case No. ADJ1702197
Regular
Oct 01, 2012

LUIS CARDOZO vs. KOOS FASHION dba CDK FASHION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied a lien claimant's petitions for reconsideration, removal, and disqualification of the administrative law judge. The claimant, Beverly Hills Center for Arthroscopic and Outpatient Surgery, argued the judge improperly approved a global settlement for $375,000, claiming duress, lack of due process, and inadequate compensation. The Board found the WCJ's reports adequately addressed these contentions and upheld the settlement approval.

Lien ClaimantReconsiderationRemovalDisqualificationWCJGlobal SettlementDuressDue ProcessAdequate CompensationBias
References
Case No. ADJ724329 (LAO 0863195)
Regular
Jan 28, 2010

BRAMBILA vs. VONS, INC.

The Workers' Compensation Appeals Board denied reconsideration to MH Express Pharmacy. The lien claimant sought additional payment for medications provided to the applicant, arguing they were prescribed by MPN physicians. However, the employer had established a Pharmacy Benefit Network (PBN) before the applicant's injury, and the lien claimant was not part of this network. The Board found the lien claimant misrepresented the record by claiming the PBN contract was not in evidence, and affirmed the denial of further payment for medications dispensed outside the PBN.

Workers' Compensation Appeals BoardLien ClaimantPharmacy Benefit NetworkMedical Provider NetworkFindings and OrderReconsiderationLabor Code section 4600.2(a)Compromise and ReleaseOfficial Medical Fee ScheduleBad Faith Tactics
References
Case No. ADJ7723923
Regular
Mar 12, 2013

ANGELICA HILL vs. SOUTHWESTERN COMMUNITY COLLEGE DISTRICT

This Workers' Compensation Appeals Board case involves Angelica Hill versus Southwestern Community College District. The Board has dismissed both parties' Petitions for Reconsideration. The dismissal is based on the finding that the petitions were untimely and unverified, as detailed in the adopted reports of the workers' compensation administrative law judge.

Petitions for ReconsiderationDismissalUntimelyUnverifiedWorkers' Compensation Appeals BoardWCJReport and RecommendationsAngelica HillSouthwestern Community College DistrictPermissibly Self-Insured
References
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