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

Case No. ADJ9762825
Regular
Feb 29, 2016

MARIA OLGA BARAJAS vs. BARRETT BUSINESS SERVICES, CORVEL

This case involves Maria Olga Barajas's workers' compensation claim against Barrett Business Services and Corvel. The applicant was injured on July 20, 2014, and her attempts to change her treating physician within the employer's Medical Provider Network (MPN) were unsuccessful. The Workers' Compensation Appeals Board denied the defendants' Petition for Reconsideration, upholding the original award. This award allowed the applicant to seek treatment outside the MPN at the defendants' expense due to the failure to facilitate a timely change of physician.

Medical Provider NetworkMPNPetition for ReconsiderationFindings and Awardremovalchange of treating physicianinterim orderLabor Code § 4616.3(b)Title 8Regulations
References
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
Case No. ADJ2522709 (LBO 0369555)
Regular
Sep 08, 2014

CHARLES FUNKE vs. CITY OF GARDENA, CORVEL

The Workers' Compensation Appeals Board rescinded an award of temporary disability benefits to a retired police detective, Charles Funke. The Board found that while Labor Code section 4853 did not preclude benefits due to his service retirement, the key issue was whether Funke voluntarily withdrew from the labor market. Since evidence regarding his intent to continue working after retirement was insufficient, the case was returned to the trial level for further factual development.

Workers' Compensation Appeals BoardCity of GardenaCorvelCharles FunkeADJ2522709Opinion and Decision After ReconsiderationFirst Amended Findings and Awardtemporary disabilitycumulative traumalower extremities
References
Case No. ADJ9950339
Regular
Jan 05, 2017

JAMES GARZA vs. OREILLYS AUTO PARTS, CORVEL

The Workers' Compensation Appeals Board (WCAB) denied James Garza's Petition for Removal because it found the WCJ's determination that the orthopedic panel was correct was within the WCAB's jurisdiction. Removal is an extraordinary remedy granted only when substantial prejudice or irreparable harm will result, and reconsideration is an inadequate remedy. The WCAB was not persuaded that these conditions were met. Therefore, the Petition for Removal was denied.

Petition for RemovalMedical Unit PanelOrthopedic PanelJurisdictionSubstantial PrejudiceIrreparable HarmExtraordinary RemedyReconsiderationWorkers' Compensation Appeals BoardWCJ
References
Case No. ADJ6847818
Regular
Sep 20, 2013

LAUREANO MAGANA vs. BARRETT BUSINESS SERVICES, CORVEL

This case concerns the denial of reconsideration for a lien claimant, Translating Sources, Inc. The claimant's lien was dismissed for failure to pay the required filing fee prior to a lien conference, despite their argument that lien resolution was premature. Citing *Figueroa v Doering Co*, the court held that payment of the fee is a prerequisite for the lien conference. Therefore, the lien was properly dismissed and reconsideration was denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeLien conferenceDismissal of lienLien filing feeFigueroa v Doering CoFuture medical awardSanctionsTitle 8
References
Case No. ADJ7688511
Regular
Jul 18, 2012

VIRGINIA MARTINEZ vs. SUPERIOR COURT OF ORANGE, CORVEL

The Workers' Compensation Appeals Board denied reconsideration of an order disallowing lien claimant's attorney fees. The Board found the lien claimant's fee claim excessive and unsubstantiated, particularly as the applicant negotiated a settlement herself after dismissing the lien claimant. Furthermore, any alleged fee agreement was invalid due to untimely submission and non-compliance with statutory requirements for WCAB approval. The Board adopted the WCJ's report and reasoning in its entirety.

Workers' Compensation Appeals BoardVirginia MartinezSuperior Court of OrangeCorvelADJ7688511Order Denying Reconsiderationlien claimantattorney's feescompromise and release agreementmedical reports
References
Case No. ADJ8777166
Regular
Jan 15, 2016

OZELIA HARRIS vs. POMONA UNIFIED SCHOOL DISTRICT, CORVEL

The Workers' Compensation Appeals Board denied the petition for reconsideration, upholding the WCJ's findings. The applicant, Ozelia Harris, sustained a psyche injury arising out of and in the course of employment due to a stressful work environment. This stress stemmed from a confrontational principal and an overall difficult employment setting, not a good faith personnel action. The WCJ found entitlement to temporary total disability benefits for a specific period, with permanent disability and future medical treatment denied.

ADJ8777166POMONA UNIFIED SCHOOL DISTRICTCORVELPetition for ReconsiderationWCJcredibility determinationsGarza v. Workmen's Comp. Appeals Bd.injury AOE/COEpsychestressful work environment
References
Case No. ADJ9283205
Regular
Sep 01, 2017

ARTEMECIA MINARIK vs. DEL TACO, ACE AMERICAN INSURANCE, CORVEL

The Workers' Compensation Appeals Board denied Del Taco's petition for reconsideration, affirming that Artemicia Minarik's injury sustained in a car accident while returning from an Agreed Medical Examiner's appointment was a compensable consequence of her prior industrial back injury. The Board distinguished this case from situations where injuries arise solely from the litigation process, holding that attending an AME appointment is akin to receiving medical treatment. The applicant was required to attend the examination to obtain workers' compensation benefits, and the AME's opinion guides further necessary medical treatment.

Artemicia MinarikDel TacoACE American InsuranceCORVELADJ9283205Riverside District OfficePetition for ReconsiderationFindings of Factindustrial injurycompensable consequence
References
Case No. ADJ3755958
Regular
Feb 13, 2019

NANCY ANN FINKBEINER vs. RALEY'S FAMILY OF FINE STORES, CORVEL CORPORATION

The Workers' Compensation Appeals Board denied Nancy Ann Finkbeiner's Petition for Removal. The Board found that removal is an extraordinary remedy and Finkbeiner failed to demonstrate substantial prejudice or irreparable harm from denial. Furthermore, she did not show that reconsideration would be an inadequate remedy should an adverse decision be issued. Therefore, her petition was denied.

Petition for RemovalDenying PetitionRemoval RemedySubstantial PrejudiceIrreparable HarmReconsiderationWCJ ReportAppeals BoardCortezKleemann
References
Case No. ADJ7242426
Regular
Jul 21, 2011

OSCAR GUEVARA vs. G&C MECHANICAL, BARRETT BUSINESS SERVICES, CORVEL

This Workers' Compensation Appeals Board case, ADJ7242426, concerns a petition for reconsideration filed by the defendant. The Board granted the petition because further study of the factual and legal issues is necessary to ensure a just and reasoned decision. Consequently, all future filings in this matter must be directed to the Office of the Commissioners in San Francisco.

Petition for ReconsiderationWorkers' Compensation Appeals BoardG&C MechanicalBarrett Business ServicesCorvelStatutory Time ConstraintsFactual and Legal IssuesDecision After ReconsiderationOffice of the CommissionersAlfonso J. Moresi
References
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