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

Case No. ADJ6446675
Regular
Feb 01, 2011

ANAID AYVAZYAN vs. ST. JOHN KNITS, DISCOVER RE, Administered By CCMSI

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration. The Board affirmed the WCJ's decision, finding the Agreed Medical Examiner's (AME) report constituted substantial evidence despite defendant's arguments against it. The Board also addressed the defendant's contention regarding the exclusion of Dr. Uejo's testimony, clarifying it was properly admitted but afforded little weight as a rebuttal witness on rating, not as a medical expert. Consequently, the defendant's petition was denied, upholding the original findings.

Workers' Compensation Appeals BoardSt. John KnitsDiscover RECCMSIAnaid AyvazyanPetition for ReconsiderationReport and RecommendationWCJDr. Uejorating expert
References
Case No. ADJ246238 (SFO 0503079) ADJ491939 (SFO 0503081
Regular
Sep 01, 2011

JACKIE MOSELEY vs. ST. JOHNS KNITS, TRAVELERS INSURANCE COMPANY Administered By CCMSI

The Workers' Compensation Appeals Board granted reconsideration and amended a prior decision. The amendment corrected the permanent disability rating for Jackie Moseley's August 21, 2004 injury from 34% to 32%. This adjustment, equaling $31,950.00, was made after accounting for loss of earning capacity, age, occupation, and apportionment. The decision also clarified that the defendant's failure to offer modified work triggers an additional 15% permanent disability payment under Labor Code section 4658(d)(2).

WORKERS' COMPENSATION APPEALS BOARDST. JOHNS KNITSTRAVELERS INSURANCE COMPANYCCMSIADJ246238ADJ491939OPINION AND ORDER GRANTING RECONSIDERATIONDECISION AFTER RECONSIDERATIONPERMANENT DISABILITYCERVICAL SPINE
References
Case No. ADJ9388041
Regular
May 20, 2014

LILIAN BERNABEL vs. DMS FACILITY SERVICES, TWIN CITIES FIRE INSURANCE/THE HARTFORD, administered by CCMSI

The Workers' Compensation Appeals Board denied Lilian Bernabel's petition for reconsideration of the arbitrator's finding of no injury AOE/COE. The Board adopted the arbitrator's report, which found the applicant's testimony regarding the injury and its reporting to be inconsistent and not credible. Furthermore, the petition was dismissed for lack of verification, a defect that was not cured despite notice. The arbitrator also found insufficient substantial medical evidence to support the claim of industrial injury.

ADJ9388041DMS Facility ServicesTwin Cities Fire InsuranceThe HartfordCCMSIPetition for ReconsiderationArbitrator's ReportGarza v. Workmen's Comp. Appeals Bd.Lab. Code§ 5902
References
Case No. ADJ8160241, ADJ8160224
Regular
Oct 04, 2012

MIGUEL DOMINGUEZ vs. MYERS CONTAINER,LLC

This case concerns Miguel Dominguez versus Myers Container, LLC, consolidated under Case No. ADJ8160241 and ADJ8160224. A petition for removal was filed by the applicant and subsequently withdrawn. As a result of the withdrawal, the Workers' Compensation Appeals Board has issued an order dismissing the petition for removal. No further action will be taken on this matter.

Petition for RemovalDismissedWithdrawnWorkers' Compensation Appeals BoardMIGUEL DOMINGUEZMYERS CONTAINERLLCCCMSIADJ8160241ADJ8160224
References
Case No. ADJ6705983
Regular
Mar 28, 2013

JACOB GREEN vs. SEATTLE SEAHAWKS, SAN FRANCISCO 49ERS, NATIONAL UNION FIRE INSURANCE CO. OF PITTSBURGH, PENNSYLVANIA

The Workers' Compensation Appeals Board rescinded a prior award and returned the case for further development of the record. The Board found the initial decision lacked substantial evidence regarding the date of injury and specifically injured body parts. The case is remanded to determine if the applicant sustained industrial injury while employed by the San Francisco 49ers and to clarify medical opinions on the cumulative trauma period. The applicant's election to proceed solely against the 49ers was deemed permissible, though contribution issues with prior employers remain for future litigation.

Jacob GreenSeattle SeahawksSan Francisco 49ersNational Union Fire InsuranceCCMSIWCABReconsiderationCumulative InjuryPermanent DisabilityStatute of Limitations
References
Case No. ADJ8769067
Regular
Aug 17, 2018

LUDA BRAGINSKY vs. JOHN MUIR HEALTH

The Workers' Compensation Appeals Board denied Luda Braginsky's Petition for Removal. The Board found that Braginsky failed to demonstrate substantial prejudice or irreparable harm would result from denial, or that reconsideration would be an inadequate remedy. Removal is an extraordinary remedy reserved for cases with such severe circumstances. Braginsky may still raise the issue with the trial judge.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ reportsubstantial prejudiceirreparable harmreconsiderationextraordinary remedylegal standarddenial of removalcase ADJ8769067
References
Case No. ADJ2571049 (OAK 0320041) ADJ6705156
Regular
Nov 16, 2011

DURRELL MARSHALL vs. RICHMOND SANITARY SERVICES/REPUBLIC SERVICES INC., Administered By CCMSI

The Workers' Compensation Appeals Board granted the defendant's petition for removal, rescinding an order that had closed discovery at a mandatory settlement conference. The defendant argued the order was unclear and prejudiced its ability to investigate the applicant's social security disability and state disability benefits in light of recent case law. The Board found significant prejudice and irreparable harm if discovery was restricted, allowing the case to return to the trial level for further proceedings and a new decision on discovery. The trial judge will now have discretion to allow or further restrict discovery as necessary.

Petition for RemovalOrder Closing DiscoveryMandatory Settlement ConferenceOgilvie IssuesExpert Witness DiscoverySocial Security DisabilityState Disability IndemnityEmployment Development DepartmentLabor Code section 5310Significant Prejudice
References
Case No. ADJ421212 (RIV 0037796)
Regular
Nov 02, 2016

GLADYS BUSTAMANTE vs. CALIFORNIA, INC., THOR CALIFORNIA COMPANY; ACE AMERICAN INSURANCE/ CCMSI

Here's a summary of the case for a lawyer, in four sentences: A lien claimant, Progressive Orthopedic Solutions, petitioned for reconsideration after their lien was dismissed with prejudice for failing to appear at a lien conference and not showing good cause for their absence. The Workers' Compensation Appeals Board denied the petition, finding the lien claimant did not establish a due process violation, as their claimed representative was not officially listed on record at the time of notice service. The Board adopted the judge's report, which noted the lien claimant failed to appear, object timely to the Notice of Intention to Dismiss, or file a notice of representation until after the dismissal. The Board also suggested the trial judge consider sanctions against the lien claimant for violating WCAB Rules and wasting board resources.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Dismissing LienProgressive Orthopedic SolutionsMJR Management ServicesNotice of Intention to DismissLien ConferenceDue ProcessFailure to AppearBoard Rule 10562
References
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