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

Case No. ADJ8727749
Regular
Sep 26, 2013

CINDY VARGAS vs. SEARS HOLDINGS CORPORATION, SEDGWICK CMS

This case concerns an employer's petition to remove a WCJ's order compelling them to provide a complete list of their Medical Provider Network (MPN) in specific specialties. The employer argued this was overly burdensome, preferring to limit the list to providers within 30 miles of the applicant's residence. The Appeals Board denied removal, finding the WCJ's order was not burdensome or harassing under Administrative Director Rule 9767.12(f)(3). The Board noted the employer could fulfill the order electronically via CD or website, even if limited to the requested specialties.

Workers' Compensation Appeals BoardPetition for RemovalMedical Provider NetworkMPN listingTitle 8 Cal. Reg. § 9767.12(f)(3)Administrative Director Ruleregional area listingcomplete provider listingelectronic listingCD
References
0
Case No. ADJ251193 (MON 0300879)
Regular
Apr 13, 2009

WILLIAM VALDEZ vs. STATE OF CALIFORNIA/AIR RESOURCES BOARD; legally uninsured, STATE COMPENSATION INSURANCE FUND/ STATE CONTRACT SERVICES, Adjusting Agency

Defendant filed a removal petition arguing a WCJ order for employee email and document production violated privacy rights and was overly burdensome. Due to a lost case file, the Appeals Board lacked crucial context like the date of injury. Consequently, the Board granted removal, rescinded the WCJ's order, and returned the case to the trial level for file reconstruction and a new discovery order.

Petition for RemovalRescind OrderDiscovery DisputeSubpoena Duces TecumPrivacy RightsOnerousOppressiveBurdensomePrejudiceIrreparable Harm
References
0
Case No. ADJ6914901, ADJ3554819 (GRO 0003162), ADJ1000021 (GRO 0002782)
Regular
Mar 07, 2016

OSIEL GARZA vs. COUNTY OF TULARE, CORVEL

The WCAB granted the employer's petition for removal, reversing a prior order that required claims handlers to appear at a status conference. The Board found the mandatory appearance of claims handlers from out of the local area to be burdensome and costly, causing substantial prejudice. While affirming the general order to rescind a previous award, the WCAB amended it to remove the personal appearance requirement for the claims handlers. This decision emphasizes that defense counsel's presence and a claims handler's availability by phone generally suffice for such conferences.

Workers' Compensation Appeals BoardPetition for RemovalDecision After RemovalOrder Rescinding Findings of FactAwardand OrdersCounty of TulareCorvelState Compensation Insurance FundWCJ
References
5
Case No. MISSING
Regular Panel Decision

Craig v. New York Telephone Co.

This appeal stems from a wrongful death action where the plaintiff's decedent died of a heart attack after working at a fire scene. The plaintiff sought discovery from the defendant, Telephone Company, regarding the fire and workplace conditions. The defendant appealed Justice Wright's order to comply with discovery demands. The appellate court modified the order, striking plaintiff's demand number two as overly broad and burdensome, while affirming demands three and four as sufficiently specific, thus partially affirming and partially modifying the original order.

DiscoveryInspectionWrongful DeathWorkplace SafetyFire IncidentAppellate ReviewProtective OrderBurdensome DemandsSpecificity in DiscoveryCivil Procedure
References
5
Case No. ADJ9972033
Regular
Aug 18, 2015

BRIAN DEL ROSARIO vs. UNITED PARCEL SERVICE, INC., LIBERY INSURANCE

The Appeals Board granted removal, rescinded the WCJ's mootness order, and remanded the case for a decision on the merits of the employer's motion to quash. The employer argued that a subpoena duces tecum for ten years of employment records was overly broad and burdensome, and reconsideration later would not be adequate. The Board found the employer demonstrated substantial prejudice and irreparable harm due to the breadth of the request and a drafting error in the original motion. A dissenting opinion argued removal was inappropriate as the employer's error, not the WCJ's, created the issue, and the employer had an adequate remedy by refiling.

Workers' Compensation Appeals BoardPetition for RemovalSubpoena Duces TecumMotion to QuashMootnessSubstantial PrejudiceIrreparable HarmWCJAdministrative Law JudgeDiscovery Dispute
References
2
Case No. MISSING
Regular Panel Decision

Michelle V. v. Brandon V.

The mother appealed Family Court orders that denied her request to relocate with her child to New Jersey and granted sole custody to the father. The appellate court affirmed the Family Court's custody and relocation determinations, finding ample support in the record for the father's objections to the move and the mother's lack of genuine effort to find local employment. However, the appellate court modified the visitation order, ruling that requiring the mother to travel to Ithaca for all exchanges was unduly burdensome and remitted this specific issue to the Family Court for reconsideration of the exchange point.

RelocationChild CustodyBest Interests of the ChildParental RelocationVisitation RightsFamily Court Act Article 6Appellate ReviewCredibility DeterminationPro Se LitigantTompkins County
References
18
Case No. MISSING
Regular Panel Decision

Commissioners of the State Insurance Fund v. News World Communications, Inc.

Judge Silverman dissents from an order, arguing for its reversal, the granting of a protective order, and the striking of interrogatories. The case involves the State Insurance Fund's claim against News World Communications, Inc., for unpaid workers' compensation and disability insurance premiums. Silverman contends the interrogatories, spanning 20 pages, are excessively burdensome and represent an unwarranted intrusion into the affairs and funding of the Unification Church, which is connected to the defendant newspaper, 'The News World'. The judge believes this inquiry, with its First Amendment implications, is irrelevant to determining the amount of premiums due.

Workers' Compensation PremiumsDisability Insurance PremiumsProtective OrderInterrogatoriesDiscovery AbuseFirst Amendment RightsReligious FreedomBurdensome DisclosureInsurance FundNewspaper Industry
References
1
Case No. ADJ7028178
Regular
Mar 18, 2013

LEOBARDO CHAVEZ vs. VAN ACKER CONSTRUCTION ASSOCIATES, SEABRIGHT INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the applicant's Petition for Removal, upholding the Administrative Law Judge's (ALJ) order quashing subpoenas duces tecum. The Board found the subpoenas overly broad, duplicative, and burdensome, requesting extensive records related to surveillance beyond what had already been provided. While acknowledging the applicant was not afforded sufficient opportunity to respond to the initial motion to quash, the Board determined no substantial prejudice occurred as the applicant could issue a more narrowly drawn subpoena. The denial ensures the applicant must refashion a reasonable request for surveillance records.

Petition for RemovalQuashed Subpoenas Duces TecumOverbroadDuplicativeBurdensomeSurveillance RecordsPrivileged DocumentsInvestigator's Field NotesOpportunity to be HeardSubstantial Prejudice
References
0
Case No. ADJ11555555
Regular
Mar 13, 2020

BRYANT DOUGLASS vs. HERTZ CORPORATION, ACE AMERICAN INSURANCE COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES, INCORPORATED

The Workers' Compensation Appeals Board denied reconsideration of an administrative law judge's decision, upholding the denial of temporary disability indemnity for the applicant. The applicant claimed entitlement to benefits due to refusal of modified work at a third-party organization, arguing the offer was inappropriate and the defendant's notice was non-compliant. The Board found the applicant's reasons for refusal were not sufficiently communicated to the defendant and did not constitute good cause, as the modified work itself did not violate medical restrictions and the surrounding circumstances were not unduly burdensome. The applicant's claims regarding notice compliance were also dismissed as not having been raised at trial.

WCABPetition for ReconsiderationTemporary Disability IndemnityModified WorkRefusal of WorkAD RulesCredibility DeterminationBona Fide OfferPrimary Treating PhysicianAdministrative Law Judge
References
9
Case No. MISSING
Regular Panel Decision

Burger v. Bladt

The infant plaintiff suffered personal injuries resulting in serious learning disabilities and neurological problems following a collision. The defendant moved to compel additional medical examinations by a psychologist, psychiatrist, and a teacher of the neurologically handicapped, as well as a parent intake evaluation by a psychiatric social worker, after the plaintiffs refused to submit to more than a single examination. The Supreme Court partially denied this motion, deeming it overly burdensome. On appeal, the order was modified to grant the defendant's request for an examination by Annella Stevens, a teacher of the neurologically handicapped, and an interview by a psychiatric social worker to obtain the child's developmental history, affirming the order as modified.

Personal InjuryMedical ExaminationDiscoveryAppellate ProcedureInfant PlaintiffNeurological ProblemsLearning DisabilitiesSupreme CourtPre-Trial DiscoveryCourt Order Modification
References
4
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