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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. LAO 823855, LAO 823856
Regular
Oct 03, 2007

PEDRO M. RODRIGUEZ vs. RALPHS GROCERY COMPANY

The applicant sought reconsideration of a denial of workers' compensation benefits, which was based on the finding that his claims were filed after notice of termination. The Board affirmed the denial, concluding that the applicant's job abandonment led to a termination prior to the filing of his claims. The Board also determined that the employer properly denied both the specific and cumulative trauma claims, thus negating a presumption of compensability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderFindings of FactAdministrative Law JudgeApplicantDefendantRalphs Grocery CompanySecurity GuardIndustrial Injury
References
Case No. ADJ11029299 ADJ10664592
Regular
May 03, 2018

KATHLEEN CAMPER vs. VAL VERDE UNIFIED SCHOOL DISTRICT, PSI, administered by KEENAN \u0026 ASSOCIATES

The Workers' Compensation Appeals Board granted reconsideration, finding the applicant's initial timely filed claim for cumulative trauma injury should be amended to conform to proof of a specific back injury on May 5, 2016. The Board rescinded the judge's order finding the applicant took nothing and instead ordered the dismissal of the defendant's later-filed specific injury claim. The case is returned to the trial level for further proceedings on the amended claim.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderAdministrative Law JudgeCustodianCumulative TraumaSpecific InjuryApplication for Adjudication of ClaimDue ProcessQualified Medical Examiner
References
Case No. ADJ10194913 ADJ10194766 ADJ10194759
Regular
Oct 18, 2019

ABRAHAM ANAYA vs. BO ENTERPRISES, INC., dba SIERRA WEATHERIZATION CO., REDWOOD FIRE & CASUALTY INS. CO., c/o BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to address a lien claimant's petition regarding reimbursement for copying services. The WCAB reversed the original finding that copying the insurer's claims file was not a medical-legal expense, finding it was valid. However, the Board affirmed the denial of reimbursement for the employer's MSDS and additional reprint charges, remanding the case for further proceedings on the reasonable value of copying the insurer's claims file.

Workers' Compensation Appeals BoardMed-Legal LLCJoint Findings and Ordersmaterial safety data sheetinsurance claims filemedical-legal expensesreprint chargessubpoena duces tecumemployment filesKaiser Hospital records
References
Case No. ADJ3525697 (LAO 0534774) ADJ2342373 (LAO 0512482) ADJ1310306 (LAO 0568035) ADJ2645702 (LAO 0519888) ADJ1384751 (LAO 0568036) ADJ2871875 (ANA 0235799)
Regular
Feb 03, 2017

ALICE BRYANT vs. REGENTS OF THE UNIVERITY OF CALIFORNIA, permissibly self-insured, UCLA MEDICAL CENTER; SEDGWICK CLAIMS MANAGEMENT SERVICES

This case involves applicant Alice Bryant's petition for reconsideration of prior dismissed workers' compensation claims and a Labor Code section 132a retaliation claim. The Workers' Compensation Appeals Board (WCAB) denied reconsideration, upholding the administrative law judge's findings. The WCAB concluded that Bryant's claims were previously dismissed, with some dismissed by her own request and others for failure to prosecute. Furthermore, the WCAB found that Bryant failed to demonstrate extrinsic fraud and lacked the required diligence to reopen these final dismissals, even with newly discovered evidence.

Workers' Compensation Appeals BoardRegents of the University of CaliforniaSedgwick Claims Management ServicesPetition for ReconsiderationFindings and OrdersWorkers' Compensation Administrative Law JudgeLabor Code section 132aRetaliation claimExtrinsic fraudDismissed claims
References
Case No. ADJ1282419 (LAO 0846452) ADJ915214 (LAO 0854736)
Regular
Feb 01, 2010

VALERIE VANCE DILLON vs. TJ MAXX, CNA CLAIMS PLUS

This case involves a Compromise and Release agreement between the applicant and defendants. The Board granted reconsideration, rescinded the prior decision, and returned the matter to the trial level. This action is contingent on the workers' compensation administrative law judge approving the settlement. If not approved, the original decision could be reinstated, with the right to seek reconsideration.

Compromise and ReleasePetition for ReconsiderationGrant ReconsiderationRescind DecisionTrial LevelWorkers' Compensation Appeals BoardAdministrative Law JudgeSalvage and ClaimsSalvage and ClaimsSalvage and Claims
References
Case No. ADJ7196811
Regular
May 17, 2012

ROBERTO LEDESMA vs. U.C. BERKELY, SEDGWICK CMS

Here's a summary for a lawyer: The Workers' Compensation Appeals Board denied the defendant's Petition for Removal, upholding a discovery order compelling production of non-privileged claims file notes from a specific prior period. The Board found these notes relevant to the time medical reports influencing the current Agreed Medical Evaluator were obtained. While one Commissioner concurred with allowing physician depositions, he dissented on the claims file notes, arguing their relevance and probative value were outweighed by undue consumption of time and questioning their necessity for the present admitted claim.

Petition for RemovalWorkers' Compensation Appeals BoardDiscovery OrderClaims File NotesAgreed Medical EvaluatorApportionmentFraudulent MeansDeposition of PhysiciansWCJ Report and RecommendationEvidence Code Section 352
References
Case No. ADJ4014154 (ANA 0408143)
Regular
Jun 19, 2009

JUAN LOPEZ vs. LIBERTY GLASS FABRICATORS, INC., AMERICAN HOME ASSURANCE COMPANY

This case involves a worker claiming a back injury on October 1, 2007, but reporting it on October 5, 2007, the same day his employment was terminated. The employer contends the claim is barred under Labor Code section 3600(a)(10) as a post-termination claim, arguing the worker's notice of injury was not provided prior to termination. The Appeals Board granted reconsideration, reversed the initial award, and found the claim non-compensable, ruling the worker failed to provide timely notice of the injury before his termination. The Board emphasized the purpose of section 3600(a)(10) is to prevent spurious claims filed after termination.

Labor Code section 3600(a)(10)Post-termination claimReconsiderationFindings and AwardCompensable industrial injuryLaborerLiberty Glass FabricatorsAmerican Home Assurance CompanyWorkers' Compensation Appeals BoardWCJ Report and Recommendation
References
Case No. ADJ184982 (LAO 0760749), ADJ946794 (LAO 0789829)
Regular
May 22, 2012

MINNIE MARTIN vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, SEDGWICK CLAIMS MANAGEMENT SERVICES

This case involves a Petition for Reconsideration filed by the defendant, Los Angeles Unified School District. The Workers' Compensation Appeals Board (WCAB) has dismissed the petition. The dismissal is primarily due to the petition being electronically filed after the close of business on the due date, rendering it untimely. Even if it had been timely filed, the WCAB indicated it would have been denied on the merits.

Workers' Compensation Appeals BoardPetition for ReconsiderationTimely FiledElectronically FiledClose of BusinessUntimelinessDismissalWCJ ReportSupplemental PetitionSedgwick Claims Management
References
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