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

Case No. ADJ 9123567
Regular
Mar 18, 2016

PHILLIP WARD vs. CITY OF FORT BRAGG

The Workers' Compensation Appeals Board denied the City of Fort Bragg's Petition for Reconsideration. The Board adopted the Workers' Compensation Judge's report, which found that the applicant's "left ventricular stiffness" or "diastolic dysfunction" qualified as "heart trouble" under Labor Code section 3212.5. This finding meant the applicant's injury was presumed to be industrially caused, and the defendant failed to rebut this presumption. Therefore, the original award of injury, permanent disability, and medical treatment was upheld.

Workers' Compensation Appeals BoardPetition for ReconsiderationDenialPhillip WardCity of Fort BraggPolice SergeantCumulative InjuryHeart TroubleHypertensionLabor Code Section 3212.5
References
0
Case No. SRO 0124747, SRO 0125588
Regular
Mar 25, 2008

Monica Joseph vs. COUNTY OF SONOMA, BRAGG & ASSOCIATES

The Workers' Compensation Appeals Board denied the County of Sonoma's petition for reconsideration. The County had contested an award for temporary disability indemnity and reimbursement for self-procured medical treatment and medications. The Board adopted the Workers' Compensation Judge's report, finding sufficient justification for the award and denying the petition.

Workers' Compensation Appeals BoardReconsiderationTemporary Total DisabilitySelf-Procured Medical TreatmentReimbursementPrescriptionsReceiptsOver-the-Counter MedicationsLabor Code Section 4062Dispute Resolution
References
0
Case No. ADJ2893157 (SRO 0139272)
Regular
Nov 09, 2009

SCOTT JAMAR vs. COUNTY OF SONOMA, GREGORY BRAGG AND ASSOCIATES

The Appeals Board dismissed defendant's petition for reconsideration and denied the petition for removal, agreeing with the WCJ's recommendation to obtain supplemental reporting from Dr. Kurn.

Workers' Compensation Appeals BoardPetition for RemovalPetition for ReconsiderationWCJPanel QMEAMA Guides 5th Editionsupplemental reportformal ratingpermanent disabilityfinal order
References
5
Case No. SRO 118826
Regular
Apr 01, 2008

PATRICIA M. BAGLEY vs. COUNTY OF SONOMA, BRAGG & ASSOCIATES

This case concerns the application of the correct permanent disability rating schedule for an admitted industrial injury. The defendant sought reconsideration of a finding that the 1997 schedule applied, arguing the treating doctor's reports were insufficient to establish permanent disability prior to January 1, 2005. The majority denied reconsideration, finding Dr. Murphy's reports, along with a QIW finding, constituted substantial evidence of permanent disability under the applicable statute. A dissenting commissioner argued Dr. Murphy's reports lacked sufficient analysis and rationale to be considered substantial evidence.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardPermanent DisabilityRating ScheduleTreating PhysicianSubstantial Medical EvidencePermanent and Stationary StatusLabor Code Section 4660(d)Qualified Injured Worker
References
12
Case No. GRO 32620 GRO 32621 GRO 34520
Regular
Aug 13, 2007

ROSS COVELLO vs. CITY OF SANTA MARIA, GREGORY BRAGG & ASSOCIATES

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the administrative law judge's findings on lumbar spine injuries and excluding certain medical reports. The Board also removed the case on its own motion and issued a notice of intention to impose sanctions against the applicant's representative for disrespectful statements about judges and misrepresentation of facts. The denial was based on the merits of the case and the WCJ's report, while the removal and potential sanctions addressed the conduct of the representative.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder of RemovalSanctionsLabor Code § 5813Labor Code § 4062.2Agreed Medical EvaluatorEx Parte CommunicationsWCJHearing Representative
References
0
Case No. ADJ4107912 (SAL 0119552) ADJ3846853 (SAL 0119553) ADJ4343002 (SAL 0119554)
Regular
May 26, 2009

KIERON BERY vs. COMMUNITY BRIDGES (MEALS ON WHEELS), BRAGG & ASSOCIATES

The Workers' Compensation Appeals Board granted reconsideration and amended a previous award. The Board affirmed the finding of industrial injury to the applicant's hips but modified the duration of temporary disability payments. Specifically, temporary disability indemnity is now limited to two years from the initial payment date, consistent with Labor Code § 4656(c)(1). The Board retained jurisdiction at the trial level to resolve any disputes regarding the first payment date.

WCABKieron BeryCommunity BridgesBragg & AssociatesADJ4107912ADJ3846853ADJ4343002industrial injuryspinebilateral hips
References
4
Case No. ADJ3204491 (SAC 0348071) ADJ1881599 (SAC 0348072) ADJ1315585 (SAC 0348073) ADJ1203378 (SAC 0348074)
Regular
Jan 12, 2009

DANIEL UNGUREANU vs. A. TEICHERT & SON, Permissibly SelfInsured, Adjusted By BRAGG & ASSOCIATES

The WCAB dismissed defendant’s petition for reconsideration but granted their petition for removal, rescinding the WCJ’s order for a new QME panel due to the applicant's delay in objecting to the untimeliness of the initial report. The case is returned to the trial level for further proceedings.

WCABPetition for ReconsiderationPetition for RemovalQualified Medical EvaluatorQME panelLabor Code § 4062.5untimelinesswaiversignificant prejudiceexpeditious litigation
References
3
Case No. ADJ10386703
Regular
Feb 22, 2016

JAMES ONTIVEROS vs. BRAGG INVESTMENT COMPANY, INC., SEABRIGHT INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for reconsideration of a prior decision. This grant was based on the WCAB's initial review indicating a need for further study of the factual and legal issues. The WCAB intends to thoroughly examine the record to ensure a just and reasoned decision. All future correspondence regarding the petition must be directed to the Office of the Commissioners, not the district office, and electronic filing through EAMS is prohibited for these matters.

Petition for ReconsiderationWorkers' Compensation Appeals BoardBragg Investment CompanySeabright Insurance CompanyADJ10386703San Francisco District OfficeOpinion and OrderStatutory time constraintsFactual issuesLegal issues
References
0
Case No. SFO 0497744
Regular
Mar 26, 2008

STEVEN CAVIN vs. CENTRAL CONTRA COSTA SANITARY DISTRICT, BRAGG & ASSOCIATES

The Workers' Compensation Appeals Board dismissed Steven Cavin's petition for reconsideration because it was filed approximately four months after the statutory deadline. Cavin sought reconsideration of an award based on stipulations, arguing ongoing back treatment issues and new evidence regarding potential surgery. The Board noted that even with a mailing delay, the petition was significantly late, and therefore, could not be considered.

WCABPetition for ReconsiderationUntimely FilingDismissalStipulationsIndustrial InjurySpine InjuryRight Foot InjuryCumulative InjuryPermanent Disability
References
3
Case No. ADJ1337074 (GRO 0034564) ADJ1286218 (GRO 0034565)
Regular
Jun 24, 2009

Dave Gerletti vs. SANTA MARIA AIRPORT DISTRICT, GREGORY BRAGG STOCKTON

The Workers' Compensation Appeals Board denied Dave Gerletti's petition for reconsideration of an award for a cumulative trauma injury to his cervical spine and lungs. The original award found 35% permanent disability, apportioning 50% of the cervical spine disability to non-industrial factors based on a Qualified Medical Evaluator's opinion of degenerative changes. The majority affirmed the WCJ's reliance on this opinion, finding it adequately explained. A dissenting opinion argued the QME's apportionment was speculative and improperly based on age and genetics, recommending an unapportioned award for the cervical spine injury.

Workers' Compensation Appeals Boardcumulative traumacervical spinelungspermanent disabilityapportionmentQualified Medical EvaluatorAgreed Medical Examinerarthritic degenerationnon-industrial factors
References
1
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