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Case Law Database

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

Case No. ADJ7576020
Regular
Feb 03, 2012

CHRISTINA CHAVEZ vs. GREEN THUMB PRODUCE, TRAVELERS INSURANCE COMPANY

The applicant sought reconsideration of an approved Compromise and Release (C&R) settling her workers' compensation claim for $10,000, primarily because she had a "change of heart" and wished to preserve future medical care rights. The Appeals Board denied reconsideration, finding that a mere change of heart is insufficient to set aside a C&R. The Board noted the applicant was represented by counsel and understood the risks of litigation, particularly in light of the defendant's defenses and supporting evidence. Therefore, the original C&R was affirmed.

Workers' Compensation Appeals BoardChristOrder Approving Compromise and ReleaseThomas findingpetition for reconsiderationfuture medical carefraudmutual mistake of factduressundue influence
References
Case No. ADJ7875103
Regular
Nov 27, 2017

Hernandez, Jaime vs. CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board denied the applicant's Petition for Removal in this case. Removal is an extraordinary remedy granted only when substantial prejudice or irreparable harm would occur without it, and reconsideration would be an inadequate remedy. The Board found that the applicant failed to demonstrate these stringent requirements, thus denying the petition. The WCJ's report, which was incorporated by the Board, detailed the reasons for this denial.

Petition for RemovalWorkers' Compensation Appeals BoardSubstantial PrejudiceIrreparable HarmReconsiderationAdministrative Law JudgeExtraordinary RemedyCortez v. Workers' Comp. Appeals Bd.Kleemann v. Workers' Comp. Appeals Bd.Cal. Code Regs. tit. 8 § 10843(a)
References
Case No. SRO 0125965
Regular
Feb 19, 2008

GEORGE P. CHRIST vs. SHOOK & WALLER CONSTRUCTION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior award of 100% permanent disability, and returned the case for further proceedings. The Board found the medical record insufficient, particularly concerning apportionment of disability to pre-existing conditions and the impact of assistive devices. The Agreed Medical Examiner, Dr. Isono, will be asked to provide supplemental reports on both these issues.

Workers Compensation Appeals BoardReconsiderationFindings and AwardPermanent DisabilityApportionmentAgreed Medical ExaminerDr. IsonoLumbar Spine RadiculopathySpinal StenosisDeep Vein Thrombosis
References
Case No. ADJ10106913
Regular
Apr 17, 2018

LUIS FLORES vs. WEST ANGELES CHURCH OF GOD IN CHRIST; INSURANCE COMPANY OF THE WEST GROUP / EXPLORER INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration of an order allowing costs for interpreting services. The WCAB found that the defendant was not properly served with the original order, violating their due process rights. Furthermore, the original order lacked specific reasoning and evidence to support the award, failing to comply with evidentiary requirements. Consequently, the WCAB rescinded the order and returned the matter for further proceedings, including potentially a lien conference.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Allowing CostsWCAB Rule 10500Service of ProcessDue ProcessLien ClaimantLabor Code § 5811WCJ Report and RecommendationTimeliness
References
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