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

Case No. ADJ3633276 (SAC 0360146)
Regular
Jan 24, 2012

GAYE MARTIN vs. LENNAR CORPORATION, BROADSPIRE

The Workers' Compensation Appeals Board denied the Petition for Removal filed by defendants Lennar Corporation and its third-party administrator, Broadspire. The Board adopted the WCJ's report, which recommended denial because the applicant's request to take the case off calendar was granted to allow her to develop her case under a recent *Ogilvie* decision. Additionally, the defendants were admonished for Broadspire's failure to disclose the identity of its client as required by *Coldiron v. Compuware Corp.* and were put on notice that sanctions could be considered at the trial level.

WCABRemovalBroadspireThird-party administratorColdironLabor Code section 3700SanctionsLabor Code section 5813Off calendarMandatory Settlement Conference
References
Case No. ADJ9164098, ADJ9163276, ADJ10354934
Regular
Nov 27, 2017

NABIL ABD ALLAH vs. MV TRANSPORTATION, INC., BROADSPIRE

The Workers' Compensation Appeals Board denied the Petition for Removal filed by MV Transportation, Inc. and Broadspire. Removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm. The Board found that the applicant's failure to attend prior medical exams due to distance and transportation issues, and the need for a new medical report for amended claims, did not meet this high standard. The Board adopted the WCJ's reasoning that the order for examinations by physicians closer to the applicant's residence would facilitate the development of the record and serve substantial justice.

Petition for RemovalAppeals Board Rule 10848substantial prejudiceirreparable harmreconsiderationworkers' compensation administrative law judgeMV TransportationInc.Broadspiremedical reporting
References
Case No. LAO 863258, LAO 863456
Regular
Oct 02, 2007

JULIE A. ALBRIGHT vs. SUN HEALTH CARE, AMERICAN HOME ASSURANCE COMPANY, BROADSPIRE

The Workers' Compensation Appeals Board denied reconsideration of a finding that American Home Assurance, administered by Broadspire, was liable for administering an award for applicant Julie Albright's cumulative trauma injury. Despite covering only 39% of the period, the Board found it equitable for American Home Assurance to administer the award, given their responsibility for a specific injury and the potential confusion of dual administrators. The Board also upheld the determination of the cumulative trauma injury date and the administrator's responsibility for temporary disability payments.

WCABReconsiderationPetitionFindings and AwardAmerican Home AssuranceBroadspireCumulative TraumaDate of InjuryLabor Code § 5412Labor Code § 4656 (c) (1)
References
Case No. MON 299474 MON 299475 MON 299476
Regular
Jun 07, 2007

JEANINE BRINKER vs. THE BOEING COMPANY, BROADSPIRE, Third Party Administrator For ACE INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed The Boeing Company and Broadspire/ACE's petition for removal because it was filed three days late. The petition sought to rescind a prior order that had returned the case to the trial level for further proceedings regarding a lien claimant. Even if considered on its merits, the petition would have been denied due to a lack of demonstrated significant prejudice or irreparable harm.

Petition for removalOpinion and OrderWorkers' Compensation Appeals Boarduntimely petitionWCAB Rule 10843(b)Code of Civil Procedure section 1013(a)lien claimantSB Surgery CenterreconsiderationFindings and Award
References
Case No. GRO 27301, GRO 28637
Regular
Feb 11, 2008

HERMAN DENNLER vs. TIMEC CO., INC., ST. PAUL TRAVELERS, OPEN WAVES SYSTEMS, LUMBERMAN'S MUTUAL CASUALTY COMPANY

This Workers' Compensation Appeals Board opinion corrects a clerical error in a previous decision, specifically removing the incorrect statement that St. Paul Travelers was adjusted by Broadspire. The case involves two injuries sustained by Herman Dennler in 2002, with awards of permanent disability indemnity and future medical treatment granted against Timec Co., Inc. (insured by St. Paul Travelers) and Open Wave Systems (insured by Lumberman's Mutual Casualty Company). The correction clarifies that St. Paul Travelers was the insurance carrier for Timec Co., Inc. and was not adjusted by Broadspire.

Workers' Compensation Appeals Boardclerical errorreconsiderationaward correctionpermanent partial disabilitytemporary disability indemnitymedical treatmentattorney's feeslienTimec Co.
References
Case No. ADJ3523217 (OAK 0271650)
Regular
Apr 20, 2010

PAULINE ROACH ARREDONDO vs. MAJOR LEGAL SERVICES AND ST. PAUL TRAVELERS INSURANCE, American Protection/Broadspire

The Workers' Compensation Appeals Board granted applicant's petition for removal, rescinding the prior orders. The Board allowed the applicant's election against St. Paul Travelers Insurance, finding its prior liability res judicata. Discovery by newly-joined defendant American Protection/Broadspire was stayed pending resolution of the claim against St. Paul. This decision supports the applicant's right to elect against a carrier with established liability.

Petition for RemovalElection Against CarrierLabor Code 5500.5(c)Res JudicataInterim Findings Award and OrderSt. Paul Travelers InsuranceAmerican Protection/BroadspireWCJ Report and RecommendationDiscovery StayWorkers' Compensation Appeals Board
References
Case No. ADJ9718369
Regular
Aug 03, 2017

MARIA GALVAN vs. BOLTHOUSE FARMS, Broadspire

This case involves an applicant, Maria Galvan, versus employer Bolthouse Farms. The Workers' Compensation Appeals Board (WCAB) denied Galvan's Petition for Removal. The WCAB emphasized that removal is an extraordinary remedy, granted only when substantial prejudice or irreparable harm would occur. Furthermore, the applicant must show reconsideration would be an inadequate remedy. Since these criteria were not met, the petition was denied.

Petition for RemovalExtraordinary RemedySubstantial PrejudiceIrreparable HarmReconsiderationAdequate RemedyWorkers' Compensation Appeals BoardWCJ ReportCortez v. Workers' Comp. Appeals Bd.Kleemann v. Workers' Comp. Appeals Bd.
References
Case No. ADJ6438203, ADJ8190271
Regular
Dec 13, 2018

SANDRA BROOKS vs. E. I. DUPONT, BROADSPIRE

This case involves an applicant with industrial injuries to her knees and spine sustained in 2002 and 2003, who continued to work for the defendant employer, receiving pay raises, until her temporary disability began in 2007. The defendant disputed the calculation of the applicant's temporary disability rate, advocating for a rate based on pre-injury wages. The Board affirmed the prior order, clarifying that the temporary disability rate should be based on the applicant's actual wages earned at the time her temporary disability commenced in 2007, recognizing her post-injury wage progression.

Workers' Compensation Appeals BoardSandra BrooksE. I. DupontBroadsPIREADJ6438203ADJ8190271Opinion and Decision After Reconsiderationindustrial injuriesbilateral kneeslumbar spine
References
Case No. ADJ1782471 (VNO 0381316) ADJ4122422 (VNO 0381607)
Regular
Sep 25, 2012

Allison Cole vs. Barneys New York, Broadspire

This case involves a dispute over Labor Code Section 5813 costs and sanctions awarded against Dr. David Bresler for bad-faith actions. Dr. Bresler's petition for reconsideration of the award, and a subsequent petition for removal by his representatives, were denied. The Appeals Board affirmed the WCJ's decision, finding Dr. Bresler had been properly notified and afforded due process despite his failure to appear. The Board dismissed the petition for removal as moot because the affected order did not name Legal Service Bureau.

Workers Compensation Appeals BoardAllison ColeBarneys New YorkBroadspireJeffery N. SardellDavid Bresler Ph.D.Legal Service BureauDan EscamillaLabor Code §5813costs and sanctions
References
Case No. ADJ7605039
Regular
May 25, 2012

LYNETTE KERMANINEJAD vs. GOOD SAMARITAN HOSPITAL, BROADSPIRE

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration in the case of Kermaninejad v. Good Samaritan Hospital. The Board adopted the findings of the administrative law judge and incorporated them into their order. Defense counsel was admonished for attempting to introduce new evidence without meeting the required legal standard. Therefore, the Petition for Reconsideration was denied.

WCABReconsideration deniedNew evidenceWCAB Rule 10856Administrative law judge reportDefense counsel admonishedSan Jose District OfficeGood Samaritan HospitalBroadspireLynette Kermaninejad
References
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