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

Case No. ADJ2652747 (VNO 0344824) ADJ3178119 (VNO 0349849) ADJ4566361 (VNO 0401733)
Regular
Jun 25, 2012

MARK RAINE vs. CITYOF BURBANK

This case involves a petition for reconsideration filed by Mark Raine, the applicant, in his workers' compensation claims against the City of Burbank. The Workers' Compensation Appeals Board reviewed the petition and the report of the Workers' Compensation Judge. For the reasons stated in the Judge's report, which the Board adopted, the petition for reconsideration has been denied. Therefore, the Board has ordered that the petition for reconsideration be denied.

WORKERS' COMPENSATION APPEALS BOARDADJ2652747ADJ3178119ADJ4566361CITY OF BURBANKVNO 0344824VNO 0349849VNO 0401733DENYING RECONSIDERATIONWCJ REPORT
References
0
Case No. ADJ6592136
Regular
Nov 02, 2015

MARIA VEGA vs. BURBANK UNIFIED SCHOOL DISTRICT, KEENAN \& ASSOCIATES

This case concerns Maria Vega's workers' compensation claim against Burbank Unified School District for injuries sustained as a janitor. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, rescinding its prior decision due to a typographical error identified by the defendant. The WCAB's corrected order now defers findings on permanent disability related to headaches and psyche, as well as temporary disability and future medical treatment. Further proceedings are required to resolve these deferred issues.

Workers' Compensation Appeals BoardBurbank Unified School DistrictKeenan & AssociatesPetition for ReconsiderationOpinion and OrderFindings and AwardWorkers' Compensation Administrative Law Judgeindustrial causationpsycheheadaches
References
0
Case No. ADJ1186781 (VNO 0516635) ADJ1590743 (VNO 0552326)
Regular
Jun 10, 2013

DANA BONSALL vs. COUNTY OF LOS ANGELES, Permissibly Self-Insured

Defendant County of Los Angeles petitioned to set aside an order compelling payment of $14,500 to lien claimant, The 4600 Group. The defendant argued the order was based on mistake, as they were unaware of prior payments made to Burbank Podiatry, which was part of the lien claim. Crucially, the assigned judge realized she was disqualified due to previously serving as defense counsel in this matter. The Appeals Board granted the petition, rescinded the prior order, and remanded the case to a new judge to determine if the settlement should be set aside.

WCABPetition to Set AsideStipulation and OrderLien ClaimantWCJ DisqualificationRule 9721.12(c)(2)Good CauseRescinded OrderRemandBurbank Podiatry
References
0
Case No. ADJ2652747 (VNO 0344824) ADJ3178119 (VNO 0349849) ADJ4566361 (VNO 0401733)
Regular
Nov 12, 2010

MARK RAINE vs. CITY OF BURBANK

This case involves a lien claimant, Advanced Orthopedics, seeking reconsideration of an administrative order appointing an independent bill reviewer. The Workers' Compensation Appeals Board dismissed the reconsideration petition, finding the order was procedural and not a final decision subject to review. The Board also denied the alternative petition for removal, as the claimant failed to demonstrate significant prejudice or irreparable harm. Therefore, the appointment of the bill reviewer stands, and further development of the record will proceed.

WORKERS' COMPENSATION APPEALS BOARDLIEN CLAIMANTPETITION FOR RECONSIDERATIONPETITION FOR REMOVALORDER FOR APPOINTMENT OF INDEPENDENT BILL REVIEWERWCJOFFICIAL MEDICAL FEE SCHEDULEINTERLOCUTORY ORDERPROCEDURAL ORDERFINAL ORDER
References
5
Case No. ADJ7762146, ADJ9640376
Regular
Aug 06, 2019

STEVEN ESTAVILLO vs. CITY OF BURBANK

The Appeals Board granted reconsideration to rescind and substitute the WCJ's May 13, 2019 decision, remanding the case for further proceedings to develop the record according to *McDuffie*. The Board specifically admonished defense counsel for disrespectful and inappropriate language in pleadings, cautioning that future non-compliance may result in sanctions. The matter is returned to the WCJ to determine the applicant's entitlement to a combined award, permanent disability, further medical treatment, and attorney fees. The employer's liability for stipulated injuries to the spine, cardiovascular system, hernia, sleep, and psyche is acknowledged.

Petition for ReconsiderationWorkers' Compensation Appeals BoardOpinion and OrderJoint Findings and AwardOrder for CommutationFindings of FactMcDuffie v. Los Angeles County Metropolitan Transit AuthorityLab. Code§ 5813Cal. Code Regs.
References
1
Case No. ADJ7340025, ADJ7340030
Regular
Aug 28, 2017

CHARLES HONNOLD vs. CITY OF BURBANK

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded the administrative law judge's (WCJ) order dismissing the applicant's cases. The dismissal occurred because the applicant, who was unrepresented, failed to appear at two hearings. The WCAB found that there was insufficient record of the applicant being properly served with notice for these hearings. The WCAB remanded the case to the WCJ for further proceedings, emphasizing the importance of the applicant attending all future hearings.

Petition for ReconsiderationOrder Dismissing CaseMandatory Settlement ConferenceNotice of IntentApplicant in pro perDeclaration of Readiness to ProceedService of NoticeWCABWCJRescind Order
References
1
Case No. ADJ7857349, ADJ7769739, ADJ223057 (OAK 0325162)
Regular
Sep 16, 2013

GARY LARSEN vs. ANTIOCH PAVING, GALLAGHER BASSETT BURBANK

The Workers' Compensation Appeals Board (WCAB) granted the applicant's Petition for Removal. The WCAB rescinded the Workers' Compensation Judge's (WCJ) June 3, 2013 decision. The case is now returned to the WCJ for further proceedings and a new decision.

Petition for RemovalDecision After RemovalWorkers' Compensation Appeals BoardWCJrescindedreturn for further proceedingsAdministrative Law Judge
References
0
Case No. ADJ3825592
Regular
Aug 23, 2010

ROGER NOH vs. BURGER KING, GAB ROBINS BURBANK

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration because the WCJ's order vacating a prior dismissal is not a final order. The Board also denied the defendant's Petition for Removal, finding no evidence of significant prejudice or irreparable harm. The Board noted that a technical issue with the EAMS system may have prevented the WCJ from seeing the applicant's objection to dismissal. Therefore, the matter was returned to the trial level for further proceedings.

Petition for ReconsiderationPetition for RemovalOrder Vacating Order of Dismissalfailure to prosecutegood causefinal ordersubstantive rights and liabilitiessignificant prejudiceirreparable harmextraordinary remedy
References
7
Case No. ADJ7937506, ADJ7937507, ADJ7937509
Regular
Oct 25, 2018

CHARLOTTE BEY HAWA vs. BURBANK UNIFIED SCHOOL DISTRICT

This case involves a dispute over the selection and validity of Qualified Medical Evaluators (QMEs) for an applicant's industrial injuries. The defendant sought removal after the Workers' Compensation Judge (WCJ) struck the reports of Dr. Martinson, a replacement QME. The Appeals Board granted removal, rescinded the order striking Dr. Martinson's reports, and ordered the parties to select an Agreed Medical Examiner or have the WCJ appoint a physician, as both prior QMEs were unavailable. The Board found the applicant's two-year delay in objecting to Dr. Martinson precluded her objection.

Workers' Compensation Appeals BoardPetition for RemovalPetition for ReconsiderationQualified Medical Evaluator (QME)Replacement QME panelStipulated Medical EvaluatorAgreed Medical ExaminerLabor Code Section 5710DWC Rules 31.5DWC Rules 35.5
References
6
Case No. ADJ8786918
Regular
Mar 28, 2016

KAREN PEREZ vs. BURBANK UNIFIED SCHOOL DISTRICT, KENNAN & ASSOCIATES

This case concerns an employer's petition for reconsideration and removal regarding a workers' compensation award. The Workers' Compensation Appeals Board denied both petitions, upholding a prior finding of industrial injury to the applicant's psyche. The Board agreed with the administrative law judge that further development of the record was necessary regarding the applicant's alleged orthopedic injuries. Removal was denied as the employer failed to demonstrate substantial prejudice or irreparable harm.

Workers Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFindings and Orderpsychiatric injurypredominately causedorthopedic injurieshypochondriaobjective findingsPanel Qualified Medical Evaluator
References
2
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