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

Case No. ADJ7673518, ADJ7647749
Regular
Jan 23, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION / CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant sustained industrial injury to her neck. While the applicant testified to injuring her neck in a workplace incident and this was partially corroborated, the Board found insufficient evidence for other claimed injuries. The Board specifically disagreed with the administrative law judge's credibility assessment concerning the neck injury itself, relying on medical reports and testimony supporting the neck injury claim. The Board affirmed the denial of claims for all other alleged injuries, finding insufficient medical evidence to link them to the incident.

Petition for ReconsiderationFindings and OrderIndustrial InjuryNeck InjuryBack InjurySpine InjuryUpper ExtremitiesPsycheGastroesophageal SystemInternal System
References
Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ8903041
Regular
Jul 01, 2014

MAGALI MANRIQUE DE ARCHA vs. MCDONALD'S/SANCHEZ FAMILY CORPORATION, CALIFORNIA RESTAURANT MUTUAL BENEFIT CORPORATION, AMERICAN CLAIMS MANAGEMENT

This order dismisses Magali Manrique de Archa's Petition for Removal in her workers' compensation case against McDonald's/Sanchez Family Corporation. The Workers' Compensation Appeals Board adopted and incorporated the administrative law judge's report, which recommended dismissal. The Board found no grounds to grant removal, thus dismissing the petition.

Petition for RemovalDismissalReconsiderationWorkers' Compensation Appeals BoardAdministrative Law Judge ReportSan Bernardino District OfficeSanchez Family CorporationCalifornia Restaurant Mutual Benefit CorporationAmerican Claims ManagementAlvandi Law Group
References
Case No. ADJ7959552 ADJ8162345
Regular
Aug 07, 2014

MARIA CHAVEZ-MARTINEZ vs. RESTAURANT LEADERSHIP GROUP, LLC dba JACK IN THE BOX, CALIFORNIA RESTAURANT MUTUAL BENEFIT CORPORATION

The Workers' Compensation Appeals Board (WCAB) dismissed Maria Chavez-Martinez's petition for removal as untimely, as it was filed over 20 days after personal service of the decision. The WCAB also noted the petition was improperly served on all parties. Even if timely and properly served, the petition would have been denied on the merits due to a lack of demonstrable significant prejudice or irreparable harm. The WCAB concluded reconsideration would be an adequate remedy.

Petition for RemovalUntimely FilingPersonal ServiceWCJ's ReportStrom v. Workers' Comp. Appeals Bd.Significant PrejudiceIrreparable HarmReconsiderationAdequate RemedyWorkers' Compensation Appeals Board
References
Case No. ADJ9271165, ADJ9273077
Regular

MARIA MORENO (ERIKA RODRIGUEZ) vs. THE CLUB AT MORNINGSIDE, CALIFORNIA RESTAURANT MUTUAL BENEFIT CORPORATION

This case concerns a Petition for Removal filed by an applicant. The Workers' Compensation Appeals Board (WCAB) has reviewed the petition and the Workers' Compensation Judge's (WCJ) report. The WCAB has adopted the WCJ's report and ordered that the Petition for Removal be dismissed.

Petition for RemovalWorkers' Compensation Appeals BoardWorkers' Compensation Administrative Law JudgeDismissalADJ9271165ADJ9273077Marina del ReyApplicantDefendantPermissibly Self-Insured
References
Case No. ADJ2089309 (RDG 0122630)
Regular
Aug 19, 2009

SHAWN McMILLIAN vs. POINTER ENTERPRISES 416, INC., CALIFORNIA RESTAURANT MUTUAL BENEFIT CORPORATION

The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior award, and returned the case to the trial level. The judge improperly reserved jurisdiction on temporary disability for periods not raised for trial and unilaterally issued a notice of intention to impose a penalty without a filed petition. These actions exceeded the scope of issues presented and improperly advocated for the applicant. The case is remanded for further proceedings on the issues originally raised by the parties.

Workers' Compensation Appeals BoardShawn McMillianPointer Enterprises 416Inc.California Restaurant Mutual Benefit CorporationADJ2089309Industrial InjuryNeck and Back InjuryTemporary DisabilityPermanent Disability
References
Case No. ADJ8191030
Regular
Jul 07, 2015

JUAN REYNOSO vs. OLD RANCH COUNTRY CLUB, CALIFORNIA RESTAURANT MUTUAL BENEFIT CORPORATION, AMERICAN CLAIMS MANAGEMENT

In this workers' compensation case, the Workers' Compensation Appeals Board (WCAB) has dismissed the applicant's Petition for Removal. The WCAB adopted the reasoning of the workers' compensation administrative law judge's report in making this decision. Therefore, the petition seeking removal from the WCJ's decision is dismissed.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ reportdismissincorporated decisionadministrative law judgeSanta Ana District OfficeADJ8191030Old Ranch Country ClubCalifornia Restaurant Mutual Benefit Corporation
References
Case No. ADJ7762389
Regular
Jan 22, 2014

ANA RAMIREZ vs. HENROSE CORPORATION, dba MCDONALDS RESTAURANT, CALIFORNIA RESTAURANT MUTUAL BENEFIT CORPORATION, AMERICAN CLAIMS MANAGEMENT

The Workers' Compensation Appeals Board denied Henrose Corporation's Petition for Removal. Petitioner sought to have the applicant re-evaluated by Agreed Medical Examiners (AMEs) to potentially extend temporary disability beyond the statutory limit, arguing their initial reports were insufficient. The Board found that Petitioner failed to demonstrate significant prejudice or irreparable harm to justify removal. The denial was based on the judge's report, which concluded the matter was set for trial appropriately and the requested re-evaluations were not warranted under the circumstances.

Petition for RemovalWorkers' Compensation Appeals BoardPermanent and Stationary DateTemporary DisabilityMedical ReportsOrthopedic InjuryPsychiatric InjuryAdministrative Law JudgeLabor Code Section 4656(c)(1)Agreed Medical Examiner
References
Case No. ADJ8266811 ADJ8710466
Regular
Jan 12, 2017

LILIANA RUIZ vs. MCDONALD'S, ZENITH INSURANCE COMPANY, CALIFORNIA RESTAURANT MUTUAL BENEFIT CORPORATION

This case involves Liliana Ruiz filing eleven workers' compensation claims against McDonald's, six of which were consolidated. One defendant, Zenith Insurance Company, settled two of these consolidated cases with Ruiz via a Compromise and Release for $20,000. Another defendant, California Restaurant Mutual Benefit Corporation (administered by American Claims Management), petitioned for reconsideration, arguing the settlement contravened consolidation purposes. The Board denied reconsideration, adopting the WCJ's report which found American Claims failed to demonstrate prejudice or good cause to set aside the settlement. The Board clarified that Zenith's settlement resolved only its potential liability and did not affect American Claims' right to seek contribution.

Petition for ReconsiderationCompromise and ReleaseContributionConsolidationCumulative TraumaAOE/COEApportionmentInsurance CoverageWCJWorkers' Compensation Appeals Board
References
Case No. ADJ1298520
Regular
Dec 24, 2010

CLUSEGUN AFOLAYAN (DECEASED), OLUWASEUN AFOLAYAN, et al vs. STATE OF CALIFORNIA CDCR, CALIFORNIA REHABILITATION CENTER, Legally Uninsured, SCIF/STATE CONTRACTS

In this workers' compensation case, the Appeals Board reconsidered a WCJ's award of dependency benefits to three adult children of a deceased worker. The WCJ had awarded $192,000 total, based on the children being total dependents despite the widow electing CalPERS benefits which typically bar other death benefits. The Board agreed that the adult children are entitled to benefits under Labor Code section 4702, as the widow's CalPERS election does not necessarily exclude other dependents with good cause. However, the Board disagreed with the WCJ's calculation method and remanded the case for a new decision, directing the adult children to divide the difference between the maximum benefit for a widow with dependents and the benefit for a widow without dependents.

Workers' Compensation Appeals BoardDependency benefitsLabor Code Section 4702Adult childrenDeath benefitsLabor Code Section 4707CalPERS special death benefitGood causeTotal dependentsWidow's benefits
References
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