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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ1996953
Regular
May 18, 2012

SALVADOR BECERRA vs. CONSOLIDATED DISPOSAL SERVICES c/o CANNON COCHRAN MANAGEMENT SERVICES, INC.

This case involves a Petition for Removal filed by Salvador Becerra against Consolidated Disposal Services. The Workers' Compensation Appeals Board reviewed the petition and the accompanying administrative law judge's report. Finding no grounds to disturb the original decision, the Board denied the Petition for Removal. This denial means the administrative law judge's prior decision stands.

Petition for RemovalWorkers' Compensation Appeals BoardAdministrative Law Judge ReportDeny RemovalConsolidated Disposal ServicesCannon Cochran Management ServicesSalvadore BecerraADJ1996953LAO 0845259Removal Order
References
Case No. ADJ9116549
Regular
Mar 13, 2020

EMMA MEDINA vs. SUNRISE RESTAURANT, LLC, DENNY'S RESTAURANT, CANNON COCHRAN MANAGEMENT SERVICES, CHUBB INSURANCE

This Workers' Compensation Appeals Board case concerns the reimbursement for lien claimant Preferred Scan's copy services. The Board granted reconsideration to clarify what constitutes medical-legal expenses and the reasonable value of copy services. The Appeals Board rescinded the original award and returned the matter for further proceedings, finding that certain copy services for medical records were properly considered medical-legal expenses. However, the reasoning for doubling the copy service fee schedule was insufficient and requires further development at the trial level.

Workers' Compensation Appeals BoardReconsiderationLien ClaimantCopy ServicesMedical-Legal ServicesCopy Service Fee ScheduleLabor CodeSubpoena Duces TecumExplanation of ReviewCompromise and Release
References
Case No. ADJ2395920 (VNO 0339759) ADJ2271599 (LAO 0819690)
Regular
Apr 21, 2014

YOLANDA DIAZ vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration as untimely. The defendant claimed they were never served with the original award, but the WCAB found their petition was filed more than 20 days after they "became aware" of the decision. The WCAB emphasized that in cases of defective service, the petition must be filed within 20 days of actual receipt. Additionally, the defendant was admonished for raising new issues and for procedural errors in their filing.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and Awardtimely filingserviceLabor CodestipulationElectronic Adjudication Management System (EAMS)defective serviceuntimely petition
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. ADJ397148 (VNO 0391584)
Regular
Jan 20, 2016

Julie Scheuer vs. COUNTY OF LOS ANGELES, ACCLAMATION INSURANCE MANAGEMENT SERVICE

The Workers' Compensation Appeals Board (WCAB) dismissed Julie Scheuer's petition for reconsideration of a prior award. The petition was dismissed because it was not properly served on all necessary parties as required by California law, including the employer and their adjusting agency. Even if the petition had been properly served, the WCAB stated it would have denied it on its merits based on the WCJ's report. Therefore, the WCAB's order is to dismiss the applicant's petition for reconsideration.

Workers' Compensation Appeals BoardJulie ScheuerCounty of Los AngelesAcclamation Insurance Management ServiceFindings of Fact and Awardpermanent disabilityapportionmentPetition for ReconsiderationLabor Code section 5905service
References
Case No. ADJ603568 (MON 0359075)
Regular
Feb 22, 2013

COLEE PITCHFORD vs. TRIMAC TRANSPORTATION, CHARTIS

In Pitchford v. Trimac Transportation, the Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration. The dismissal was primarily based on the petition's failure to comply with Labor Code section 5905, which mandates service on all adverse parties. The WCAB also noted that even if properly served, the petition would have been denied on its merits, adopting the WCJ's reasoning. Finally, the Board clarified that MJR Management Services, Inc. is not a party but an alleged representative, and their representation of a lien claimant lacked proper documentation in the EAMS.

Petition for ReconsiderationLabor Code section 5905Adverse partiesService deficiencyWorkers' compensation administrative law judgeReport and RecommendationElectronic Adjudication Management SystemEAMSLien claimantMJR Management Services
References
Case No. ADJ2270309 (VNO 0113668) ADJ4503834 (VNO 0113665) ADJ3103605 (VNO 0113666) ADJ2309113 (VNO 0113667)
Regular
Nov 10, 2010

MARIA GARCIA vs. CITY OF LOS ABNGELES, Permissibly Self-Insured

The Workers' Compensation Appeals Board granted reconsideration of a previous award, finding merit in the applicant's contentions regarding denied medical treatments. The Board intends to admit a nurse case manager's report that was previously excluded. This reconsideration aims to further review the factual and legal issues to ensure a just decision regarding the applicant's extensive care needs stemming from long-term quadriplegia. The Board is specifically addressing disputes over various requested services, including nursing care, home modifications, and specific medical treatments.

Workers' Compensation Appeals BoardSupplemental Findings and AwardHomecareNursing ServicesBedsore TreatmentHousekeeping ServicesHospital BedQuadriplegiaInternal InjuryLabor Code §5803
References
Case No. ADJ4153143, ADJ1964837 and ADJ1933860
Regular
Nov 05, 2010

JACK L. MARCUM vs. OUTSOURCE MANAGEMENT, INC. dba THE MANAGEMENT CONNECTION, SUPERIOR NATIONAL INSURANCE CO., now liquidation, administered by CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, KLEEGE INDUSTRIES, INC. dba HANDS-ON EVENT LABOR SERVICES, STATE COMPENSATION INSURANCE FUND

This case involves an applicant who sustained shoulder injuries in 1999 and 2000, with a compensation judge awarding 4% permanent disability. The California Insurance Guarantee Association (CIGA) is appealing a decision holding it liable, arguing the applicant was not employed by a company insured by Legion Insurance (now handled by CIGA) but rather by Kleege Industries, insured by SCIF. CIGA contended there was a general/special employment relationship and that SCIF's policy should cover the applicant. The Appeals Board granted reconsideration, affirmed the previous awards, and corrected a clerical error to accurately reflect Legion Insurance as the insurer for Outsource Management, Inc. during the relevant period.

California Insurance Guarantee AssociationLegion Insurance CompanyOutsource Management Inc.The Management ConnectionKleege Industries Inc.Hands-On Event Labor ServicesState Compensation Insurance Fundcumulative traumaright shoulder injurypermanent disability
References
Case No. ADJ8166052
Regular
Aug 13, 2013

MARIA GARCIA vs. JOSE MARTINEZ ENTERPRISES, ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board denied a petition for reconsideration, affirming the dismissal of lien claims for failure to pay activation fees. The lien claimants, Imperial Medical Management and Allied Injury Management, argued they did not receive notice of the lien conference. However, the Board found evidence of proper service via US mail and email, consistent with their designated methods. Presumptions of regular performance of official duty and proper service applied, and a bare assertion of non-receipt was insufficient to overcome proof of service.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ConferenceService of NoticePresumption of ServiceNon-ReceiptLien ClaimantLien Activation FeeOrder Dismissing Lien ClaimElectronic Adjudication Management System
References
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