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

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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. AHM 0048021
Regular
Apr 02, 2008

SEBASTIAN CORNIEL vs. KASLER CORPORATION, Permissibly SelfInsured, CAMBRIDGE INTEGRATED SERVICES

The Workers' Compensation Appeals Board granted reconsideration and rescinded an award for pool and lawn maintenance services. The Board found that the prescribed services, intended to prevent re-injury while performing these activities, were not medically necessary under Labor Code Section 4600. The medical reports lacked substantial evidence by failing to connect the activities directly to curing or relieving the effects of the applicant's industrial injury.

Workers' Compensation Appeals BoardKasler CorporationCambridge Integrated Servicespool and lawn maintenancemedical awardpermanent disabilityfuture medical careLabor Code §4600substantial evidenceancillary services
References
Case No. ADJ768135 (SFO 0444123)
Regular
Dec 19, 2013

DINESH KUMAR vs. J'S TRADE BINDERY SERVICE, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, CAMBRIDGE INTEGRATED SERVICES, INC./SEDGWICK, FREMONT INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) affirmed the Administrative Law Judge's (WCJ) July 25, 2013 decision in the case of Dinesh Kumar versus J's Trade Bindery Service and the California Insurance Guarantee Association. The WCAB granted reconsideration to thoroughly review the case's facts and law. After reviewing the record and adopting the WCJ's report and recommendations, the WCAB found no grounds to overturn the original findings, order, and award. Therefore, the WCJ's decision remains in full effect.

Workers' Compensation Appeals BoardReconsiderationAdministrative Law JudgeFindingsOrderAwardFremont Insurance CompanyLiquidationCambridge Integrated ServicesSedgwick
References
Case No. ADJ4363797 (SJO 0242100)
Regular
Mar 18, 2011

JOHN TRAN vs. TUN KEE NOODLE, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, CAMBRIDGE INTEGRATED SERVICES GROUP

This case involves a Petition for Reconsideration filed by both a lien claimant and the defendant regarding a prior decision. The Workers' Compensation Appeals Board granted reconsideration to allow for a more thorough review of the factual and legal issues. The Board requires further study to ensure a just and reasoned decision. All future communications must be sent to the Appeals Board's Office of the Commissioners.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting ReconsiderationTun Kee NoodleCalifornia Insurance Guarantee AssociationCambridge Integrated Services GroupLien ClaimantStatutory Time ConstraintsFactual and Legal IssuesDecision After Reconsideration
References
Case No. ADJ 1082421 (RIV 00, ADJ 2895025 (RIV 00, ADJ 4589469 (RIV 004
Regular
Oct 26, 2009

Robert Phillips vs. HITCHCOCK AUTOMOTIVE, CAMBRIDGE INTEGRATED SERVICES GROUP, INC., STATE COMPENSATION INSURANCE FUND, SUNRISE FORD, STATE COMPENSATION INSURANCE FUND, BOARD FORD, INC., AMERICAN ALTERNATIVE INSURANCE c/o RISK ENTERPRISE MANAGEMENT, REDLANDS FORD, ACE PROPERTY AND CASUALTY CO.

The Arbitrator found that applicant suffered a single continuous trauma injury. SCIF and Ace Property filed petitions for reconsideration. The Board affirmed the Arbitrator's decision, except for amending Finding 7 and adding an award of contribution.

Workers' Compensation Appeals BoardRobert PhillipsHitchcock AutomotiveCambridge Integrated Services GroupState Compensation Insurance FundSunrise FordRedlands FordACE Property and Casualty CompanyGallagher Bassett ServicesInc.
References
Case No. RIV 0043397
Regular
Feb 25, 2008

GUILLERMINA GARCIA vs. EMPRESS CASTELL/DEL RIO'S TAQUERIA, CALIFORNIA GUARANTEE ASSOCIATION by its SERVICING FACILITY, CAMBRIDGE INTEGRATED SERVICES GROUP, INC., for FREMONT INDEMNITY COMPANY, in liquidation

The Workers' Compensation Appeals Board granted reconsideration to a lien claimant, Psychological Assessment Services, whose lien was dismissed for failure to appear at a hearing. The Board found the dismissal potentially erroneous due to disputed service of notice and awarded a hearing on the merits. The case was returned to the trial level for further proceedings.

Lien claimantPsychological Assessment ServicesReconsiderationDismissal with prejudiceEDEXService of processNotice of hearingObjectionWCJDue process
References
Case No. ADJ1784264 (MON 0302991) ADJ2898466 (MON 0339769)
Regular
Oct 14, 2011

GIRGIS FAM vs. UCLA MEDICAL CENTER, permissibly self-insured, Administered by Sedgwick Claims Management Services

This case concerns the selection of a child care provider for a permanently and totally disabled applicant. The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for reconsideration. The WCAB reversed the judge's decision, allowing the applicant to select his own child care provider, reasoning that this service is personal, similar to selecting a physician. The Board emphasized that the continuity of care and applicant's confidence in the provider outweigh the employer's desire to use a licensed and bonded provider selected by them.

Workers' Compensation Appeals BoardPetition for ReconsiderationSupplemental Findings and AwardPermanently totally disabledCaretaking servicesChild care servicesGardening servicesPool maintenance servicesStructural modificationsCauda-equina syndrome
References
Case No. ADJ8475421
Regular
Mar 30, 2017

Jessica Duncan vs. Right At Home, Travelers Diamond Bar

The Workers' Compensation Appeals Board denied reconsideration of a lien claimant's claim for medical services. The Board found that the lien, filed on June 4, 2016, was barred by the 18-month statute of limitations under Labor Code section 4903.5(a). This was because the last date of service was August 8, 2013, which fell after the July 1, 2013, implementation date of the 18-month rule. The Board also held that it lacked the authority to rule on constitutional vagueness claims.

Labor Code section 4903.5(a)Lien claimStatute of limitationsReconsiderationWorkers' Compensation Appeals BoardWCJTimelinessDate of servicesContinuous treatmentUnconstitutionally vague
References
Case No. AHM 0079163
Regular
Aug 16, 2007

Ruth Torres vs. Bank of America, Cambridge Integrated Services

The Workers' Compensation Appeals Board dismissed a lien claimant's petition for reconsideration because it was filed 43 days after the statutory deadline. The original order dismissing the lien was served by mail on April 19, 2007, making the reconsideration deadline May 14, 2007. Since the petition was received on June 26, 2007, it was untimely and therefore dismissed.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Dismissing LienLien claimantAdministrative Law JudgeNotice of Intention to Disallow LienUntimely PetitionStatutory PeriodLabor CodeBoard Rule
References
Case No. SJO 0251644
Significant
Apr 06, 2007

Joseph Baglione vs. Hertz Car Sales, AIG, Cambridge Integrated Services

The Workers' Compensation Appeals Board, in an en banc decision, reconsiders and reverses its prior ruling, holding that for pre-2005 injury claims, the 1997 Schedule for Rating Permanent Disabilities applies only if a pre-2005 comprehensive medical-legal report or a treating physician's report explicitly indicates the existence of permanent disability. The Board affirmed the original judge's decision to apply the 2005 Schedule in this case.

Workers Compensation Appeals BoardJoseph BaglioneHertz Car SalesAIGCambridge Integrated ServicesSJO 0251644Opinion and Order Granting ReconsiderationEn Banc1997 Schedule2005 Schedule
References
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