Updated Daily

Case Law Database

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

Case No. ADJ7286862, ADJ7604060

Regular

Sep 14, 2015

Kelly Tinsley vs. VERTIS COMMUNICATIONS, ACE USA INSURANCE

This case involves a denial of a defendant's petition for reconsideration regarding a workers' compensation award. The defendant's Utilization Review (UR) of the applicant's requested continued treatment at a residential rehabilitation center was deemed invalid by the Administrative Law Judge (ALJ) due to untimeliness in communication. The Workers' Compensation Appeals Board (WCAB) affirmed the ALJ's decision, finding the UR invalid because the defendant failed to prove timely communication to the physician as required by statute. Consequently, the WCAB upheld the award of continued treatment, deeming it reasonable and supported by substantial medical evidence.

Workers' Compensation Appeals BoardPetition for ReconsiderationUtilization ReviewUntimelinessRequest for AuthorizationTransitional Living CenterResidential ProgramPost-Acute Physical RehabilitationPsychiatric InjuryIndependent Medical Review

References

Case No. ADJ4193239

Regular

Feb 10, 2010

SERGIO OSEGUERA vs. LINKS COMMUNICATIONS, ZURICH SAN FRANCISCO

The Workers' Compensation Appeals Board granted reconsideration and rescinded the previous award, ordering the reports of Dr. Baker stricken from the record. This was due to defendant's violation of Board Rule 10718 by communicating directly with the WCJ-appointed physician, compromising the appearance of impartiality. The case was returned to the trial level for further proceedings and a new decision based on properly admitted substantial medical evidence.

WORKERS' COMPENSATION APPEALS BOARDLINKS COMMUNICATIONSZURICH SAN FRANCISCOADJ4193239OSEGUERARECONSIDERATIONFINDINGS AND AWARDPERMANENT DISABILITYAPPORTIONMENTAGREED MEDICAL EXAMINER

References

Case No. ADJ10528292; ADJ12975722

Regular

Sep 05, 2025

ANTONIO ZAMORA vs. AT&T COMMUNICATIONS, OLD REPUBLIC INSURANCE

The Workers' Compensation Appeals Board denied defendant AT&T Communications' petition for reconsideration regarding a Joint Findings and Award (F&A). The F&A found that applicant Antonio Zamora sustained new and further disability from a cumulative injury (right hip, hypertension, diabetes) and a separate new injury (right shoulder). Defendant challenged the WCJ's reliance on Dr. David Heskiaoff's orthopedic impairment findings and argued that increased impairment for hypertension and diabetes should be attributed to the new injury based on Dr. Stewart Lonky's reports. The Board affirmed the WCJ's decision, finding Dr. Heskiaoff's reports constituted substantial medical evidence and that Dr. Lonky's opinions on apportionment lacked the necessary specificity and reasoning.

ADJ10528292ADJ12975722Petition for ReconsiderationJoint Findings and Awardcumulative injurynew and further disabilityhypertensiondiabetesAgreed Medical Evaluator (AME)Qualified Medical Evaluator (PQME)

References

Case No. MON 0306639

Regular

Aug 09, 2007

Eugene Minet vs. QWEST COMMUNICATIONS

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior order due to an inadequate trial record, noting that findings of industrial injury must be supported by substantial medical evidence. The Board emphasized that medical reports were disorganized and not properly admitted as exhibits, and that lay testimony alone is insufficient for establishing cumulative trauma. The case is returned to the trial judge for further proceedings to create a proper record and a new decision.

Workers' Compensation Appeals BoardQwest CommunicationsFindings of Fact and Orderorthopedic injuryvision injurycumulative injurypreponderance of the evidencemedical recordneutral orthopedic physiciantrial record

References

Case No. ADJ4225400 (MON0336507)

Regular

Sep 27, 2010

NANCY GILPEN vs. CHARTER COMMUNICATIONS, BROADSPIRE

This case involved a discrepancy between verified statements from Dr. Burstein's collections manager and the defendant's attorney regarding service of notice and evidence for a trial. The Appeals Board removed the case to address potential sanctions due to this conflict. While proofs of service suggested documents were sent to Dr. Burstein, the Board could not definitively conclude intent to falsify. Therefore, the Board rescinded its notice of intention to impose sanctions and will not impose them.

Workers' Compensation Appeals BoardRemovalSanctionsVerified PleadingsMaterial DiscrepancyCollections ManagerLaw FirmPetition for ReconsiderationService of NoticeTrial

References

Case No. ADJ7838570

Regular

Dec 10, 2012

MARCO MILLAN vs. WESTOWER COMMUNICATIONS, HARTFORD

The Workers' Compensation Appeals Board dismissed applicant's first petition for reconsideration and denied his second. The applicant sought reconsideration of a finding that his stroke and related injuries were not work-related, arguing a physiatrist's opinion constituted substantial medical evidence. The WCJ and Board found Dr. Schilling lacked the neurological expertise to establish industrial causation, and the consulting neurologist did not confirm it. The Board affirmed the WCJ's decision, finding the applicant failed to meet his burden of proof with substantial evidence.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalIndustrial CausationStrokeCirculatory SystemNegligenceBurden of ProofMedical EvidencePhysiatrist

References

Case No. ADJ8120854

Regular

Aug 29, 2017

MENG TU vs. GLOBE COMMUNICATIONS, SUSSEX INSURANCE

The Workers' Compensation Appeals Board granted reconsideration, reversing a prior award to lien claimant Rehab Solutions. The Board found that lien claimant bears the burden to prove the reasonableness and necessity of its services, and this burden was not met. Partial payments by the defendant did not constitute authorization or shift the burden of proof, and the utilization review denial of the key treatment remained unchallenged by appeal. Therefore, lien claimant is entitled to no further payment.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationFindings and AwardUtilization ReviewMedical TreatmentReasonableness and NecessityBurden of ProofLabor Code Section 4909Official Medical Fee Schedule

References

Case No. ADJ6469383

Regular

Nov 30, 2009

KELIY SHEAFFER vs. CHARTER COMMUNICATIONS, BROADSPIRE BREA

Defendant's petition for removal is granted, rescinding the Order of October 26, 2009, and returning the matter for a mandatory settlement conference.

Petition for RemovalDiscovery ClosedMandatory Settlement ConferencePanel Qualified Medical EvaluatorIndustrial InjuryApplication for Adjudication of ClaimDeclaration of Readiness to ProceedEAMSNotice of RepresentationAnswer to Application

References

Case No. ADJ6486950; ADJ6490670

Regular

Nov 25, 2013

JORGE UBEDA vs. VERTIS COMMUNICATIONS, BROADSPIRE/CIGA

This case concerns Applicant Jorge Ubeda's Petition for Removal, which the Workers' Compensation Appeals Board denied. The Board adopted the findings of the Administrative Law Judge (ALJ), who found that while the objection to the Declaration of Readiness to Proceed might have been late, Applicant did not demonstrate prejudice. The key dispute centers on Applicant's refusal to provide a social security release for medical records, which the ALJ deemed a valid discovery issue that should be addressed before other benefit issues. The ALJ reasoned that Applicant's failure to respond to multiple requests for the release, rather than making a substantive objection, prevented Defendants from initiating formal action sooner.

Petition for RemovalWorkers' Compensation Appeals BoardDeclaration of Readiness to ProceedSocial Security ReleaseMedical RecordsObjection to DORAOE/COEContinuous TraumaDiscoveryMSC

References

Case No. ADJ1443437 LAO 0869505 ADJ2073136 LAO 0859208 ADJ2254995 LAO 0869595 ADJ4428071 LAO 0869514 ADJ4561708 LAO 0859207

Regular

Oct 25, 2018

JACQUELINE STELLY vs. VERIZON COMMUNICATIONS, AMERICAN HOME ASSURANCE

The Appeals Board granted the applicant's petition for removal, finding that the WCJ erred in quashing the deposition of Dr. Majcher. The Board determined that the defendant violated a stipulation by seeking a trial date from a different judge without notice. Additionally, the defendant failed to comply with procedural requirements for quashing a deposition notice and the applicant's due process rights necessitate the opportunity to depose Dr. Majcher. Therefore, the WCJ's order was rescinded, and the matter was returned for further proceedings, including the deposition of Dr. Majcher.

Petition for RemovalQuash DepositionStipulation ViolationDue ProcessEx ParteMeet and ConferWCJQualified Medical EvaluatorSupplemental ReportDiscovery

References

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Updated Daily

Case Law Database

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

Case No. ADJ7286862, ADJ7604060

Regular

Sep 14, 2015

Kelly Tinsley vs. VERTIS COMMUNICATIONS, ACE USA INSURANCE

References

Case No. ADJ4193239

Regular

Feb 10, 2010

SERGIO OSEGUERA vs. LINKS COMMUNICATIONS, ZURICH SAN FRANCISCO

WORKERS' COMPENSATION APPEALS BOARDLINKS COMMUNICATIONSZURICH SAN FRANCISCOADJ4193239OSEGUERARECONSIDERATIONFINDINGS AND AWARDPERMANENT DISABILITYAPPORTIONMENTAGREED MEDICAL EXAMINER

References

Case No. ADJ10528292; ADJ12975722

Regular

Sep 05, 2025

ANTONIO ZAMORA vs. AT&T COMMUNICATIONS, OLD REPUBLIC INSURANCE

References

Case No. MON 0306639

Regular

Aug 09, 2007

Eugene Minet vs. QWEST COMMUNICATIONS

References

Case No. ADJ4225400 (MON0336507)

Regular

Sep 27, 2010

NANCY GILPEN vs. CHARTER COMMUNICATIONS, BROADSPIRE

Workers' Compensation Appeals BoardRemovalSanctionsVerified PleadingsMaterial DiscrepancyCollections ManagerLaw FirmPetition for ReconsiderationService of NoticeTrial

References

Case No. ADJ7838570

Regular

Dec 10, 2012

MARCO MILLAN vs. WESTOWER COMMUNICATIONS, HARTFORD

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalIndustrial CausationStrokeCirculatory SystemNegligenceBurden of ProofMedical EvidencePhysiatrist

References

Case No. ADJ8120854

Regular

Aug 29, 2017

MENG TU vs. GLOBE COMMUNICATIONS, SUSSEX INSURANCE

References

Case No. ADJ6469383

Regular

Nov 30, 2009

KELIY SHEAFFER vs. CHARTER COMMUNICATIONS, BROADSPIRE BREA

Defendant's petition for removal is granted, rescinding the Order of October 26, 2009, and returning the matter for a mandatory settlement conference.

References

Case No. ADJ6486950; ADJ6490670

Regular

Nov 25, 2013

JORGE UBEDA vs. VERTIS COMMUNICATIONS, BROADSPIRE/CIGA

Petition for RemovalWorkers' Compensation Appeals BoardDeclaration of Readiness to ProceedSocial Security ReleaseMedical RecordsObjection to DORAOE/COEContinuous TraumaDiscoveryMSC

References

Case No. ADJ1443437 LAO 0869505 ADJ2073136 LAO 0859208 ADJ2254995 LAO 0869595 ADJ4428071 LAO 0869514 ADJ4561708 LAO 0859207

Regular

Oct 25, 2018

JACQUELINE STELLY vs. VERIZON COMMUNICATIONS, AMERICAN HOME ASSURANCE

Petition for RemovalQuash DepositionStipulation ViolationDue ProcessEx ParteMeet and ConferWCJQualified Medical EvaluatorSupplemental ReportDiscovery

References

Showing 1-10 of 422 results

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