Updated Daily

Case Law Database

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

Case No. ADJ8026817

Regular

Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)

References

Case No. ADJ1576468 (OXN 0133481)

Regular

Apr 20, 2009

ELAINE BREA ULT vs. LONG'S DRUG STORE, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA

Defendant seeks reconsideration of a decision finding applicant temporarily totally disabled from a neck and shoulder injury. Defendant argues the judge erred by finding ongoing temporary disability when evidence suggests permanent stationary status, and by awarding temporary disability beyond statutory limits, citing *Nickelsberg*. The Appeals Board granted reconsideration due to procedural deficiencies, specifically the lack of a proper opinion by the judge and a required report on reconsideration. Therefore, the Board rescinded the original decision and returned the case for a proper record and new decision.

Workers' Compensation Appeals BoardReconsiderationTemporary Total DisabilityPermanent and StationaryLabor Code Section 4656Nickelsberg v. Workers' Comp. Appeals BoardOpinion on DecisionReport and RecommendationFindings and AwardRescinded

References

Case No. ADJ3908100 (FRE 0232929) ADJ716050 (FRE 0232930)

Regular

May 02, 2013

HORTENCIA MATA-KLINE vs. SAVEMART SUPERMARKETS, Permissibly Self-Insured

Here's a summary for a lawyer: The Workers' Compensation Appeals Board granted reconsideration regarding a disallowed lien claim by Schroeder Chiropractic North (SCN). The original decision disallowed SCN's lien, in part due to a statute of limitations issue on one injury, and because SCN failed to prove it was the authorized primary treating physician. The Board found the WCJ's reasoning unclear regarding SCN's status as an authorized physician and the applicant's treatment choices under Labor Code sections 4600 and 4601, especially concerning Medical Provider Networks. Therefore, the matter was returned to the trial level for redetermination with a clearer explanation of the facts and law.

Lien claimantReconsiderationPrimary treating physicianAuthorized treating physicianMedical provider networkLabor Code section 4600Labor Code section 4601Statute of limitationsCompromise and ReleaseIndustrial injuries

References

Showing 1-3 of 3 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

ELAINE BREA ULT vs. LONG'S DRUG STORE, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA

HORTENCIA MATA-KLINE vs. SAVEMART SUPERMARKETS, Permissibly Self-Insured