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

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. ADJ8700788
Regular
Dec 03, 2013

RACHELLE CORBIN vs. MEDPRO LLC, ZURICH SAN FRANCISCO

The Workers' Compensation Appeals Board denied Rachelle Corbin's Petition for Reconsideration in case ADJ8700788. The Board adopted and incorporated the WCJ's report in its entirety for the denial. Commissioner Sweeney concurred with the denial, but specifically noted that while evidence supports employee status, it does not support it against defendant Med Pro LLC.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportMedPro LLCZurich San Franciscoemployee statusconcurring opinionCommissioner Sweeney
References
Case No. ADJ8338422
Regular
Jan 14, 2014

OSVALDO ZARAGOZA vs. DRAHM & ECHTER, INC., ATHENS INSURANCE

This Workers' Compensation Appeals Board order denies the applicant's Petition for Reconsideration. The Board adopted the reasoning of the workers' compensation administrative law judge's report in denying the petition. Commissioner Brass concurred, but also recommended returning the matter for a Notice of Intent to Impose Sanctions, as previously suggested by the WCJ. The specific grounds for denial and the reasons for the potential sanctions are not detailed in this excerpt.

WORKERS' COMPENSATION APPEALS BOARDOSVALDO ZARAGOZADRAHM & ECHTERINC.ATHENS INSURANCEADJ8338422Petition for ReconsiderationWCJReport and RecommendationConcurring Opinion
References
Case No. ADJ7023930
Regular
Dec 05, 2016

KAREN WRIGHT vs. FIRST AMERICAN TITLE COMPANY, HARTFORD INSURANCE COMPANY OF THE MIDWEST, SEDGWICK CLAIMS MANAGEMENT SERVICES

This case involves an applicant seeking removal of two WCAB Minute Orders. The orders rescheduled a Mandatory Settlement Conference and subsequently closed discovery except for vocational rehabilitation, setting the matter for trial. The applicant claimed irreparable harm, but the Board denied the Petition for Removal. The Board adopted the WCJs' recommendations, finding no basis for removal, and Commissioner Sweeney concurred, noting discovery disputes are typically resolved at trial.

Workers' Compensation Appeals BoardPetition for RemovalMinute OrderMandatory Settlement ConferenceDiscovery ClosureVocational RehabilitationIndustrial InjurySignificant PrejudiceIrreparable HarmReport and Recommendation
References
Case No. ADJ3771318
Regular
May 13, 2009

FELIPE ANDRADE vs. UNION FRAMING, INC.

The Workers' Compensation Appeals Board affirmed the original award, finding that an injured employee sustained a low back injury and was entitled to self-procure medical treatment outside the defendant's Medical Provider Network (MPN). The defendant argued the employee should have been treated within the MPN and that self-procurement was improper. The Board adopted the WCJ's report, but excluded a portion regarding MPN transfers, as no such transfer had yet been attempted. A concurring opinion suggested the employer should not be allowed to transfer care into the MPN if a lawful physician-patient relationship already exists and treatment is adequate.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardApplicantDefendantLabor Code section 4600(a)Self-procure medical treatmentMedical provider network (MPN)Petition for ReconsiderationReport and Recommendation
References
Case No. ADJ9694948
Regular
Feb 01, 2016

ESTHER SANDOVAL vs. SAN DIEGO UNIFIED SCHOOL DISTRICT, YORK RISK SERVICES GROUP

The Workers' Compensation Appeals Board denied San Diego Unified School District's petition for reconsideration of an award finding applicant entitled to right shoulder surgery. The defendant argued that the medical opinions supporting the surgery were not substantial evidence because they didn't cite MTUS/ACOEM guidelines or explain non-compliance. The Board affirmed the original finding, agreeing with the WCJ that citing the MTUS is not strictly required if the medical evidence is otherwise compelling and consistent with the guidelines. While one commissioner concurred, he disagreed with the majority's assertion that MTUS citation is not necessary for compliance with Labor Code section 4604.5.

Workers' Compensation Appeals BoardSan Diego Unified School DistrictYork Risk Services GroupPetition for ReconsiderationFindings Award and OrderIndustrial InjuryFurther Medical TreatmentRight Shoulder SurgeryMedical Treatment Utilization ScheduleACOEM guidelines
References
Case No. ADJ2070973 (SAL 0092454)
Regular
Jun 12, 2015

CHARLENE MEEKS-CLOSE vs. RIVER RANCH FRESH FOODS, SEDGWICK CMS

The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration due to untimely service on the applicant's counsel of record. The defendant failed to properly serve the petition, which is a procedural defect that deprives the applicant of due process rights. While one commissioner concurred with the dismissal on procedural grounds, she dissented regarding the merits, arguing the petition should have been granted to develop the record on the permanent disability rating. The majority opinion noted that even if properly served, the petition would have been denied on its merits.

Workers Compensation Appeals BoardPetition for ReconsiderationFindings Award and OrderPermanent DisabilityLife PensionHousekeeping ExpensesMileage ExpensesUnreasonable DelayPenaltyAgreed Medical Evaluator
References
Case No. ADJ3830182 (GOL 0100457), ADJ3775160 (GOL 0101306), ADJ1835350 (GOL 0102006)
Regular
Apr 09, 2014

JOSE BELTRAN vs. GRAHAM CHEVROLET, EMPLOYERS COMPENSATION INSURANCE

This case involves a Petition for Removal filed with the Workers' Compensation Appeals Board. The petitioner subsequently withdrew the filed petition. As a result, the Board has dismissed the petition and will take no further action.

Petition for RemovalDismissedWithdrawnWorkers' Compensation Appeals BoardApplicantDefendantCase NumberOxnard District OfficeOrder DismissingDeputy
References
Case No. ADJ473373 (ANA 0406381)
Regular
Feb 10, 2012

FERNANDO GUTIERREZ vs. SOCAL FRAMING aka BMHC; ACE AMERICAN INSURANCE, administered by ESIS, INC.

This case concerns applicant's claim for extended temporary disability (TD) benefits beyond 104 weeks due to a left eye injury. The Appeals Board affirmed the WCJ's denial of the "amputation" exception, ruling that the surgical removal of an eye does not fit the statutory definition. However, the Board remanded the case for further development of the record on the "high-velocity eye injury" exception, as the velocity and force of the object that struck the applicant's eye were unclear. The applicant's Petition for Removal was dismissed as reconsideration was the appropriate remedy.

Workers' Compensation Appeals BoardFernando GutierrezSoCal FramingBMHCACE American InsuranceESISInc.ADJ473373ANA 0406381Opinion and Decision
References
Case No. ADJ2844570 (SJO 0266373) ADJ4420741 (SJO 0267631) ADJ3297316 (SJO 0267632)
Regular
Jan 04, 2013

VERNA PARKS vs. BRADDOCK & LOGAN, SEABRIGHT INSURANCE COMPANY

The Workers' Compensation Appeals Board has dismissed Verna Parks' Petition for Reconsideration. The petitioner formally withdrew the petition, rendering it moot. Consequently, the Board issued an order dismissing the reconsideration of the October 17, 2012 decision. This action concludes the reconsideration phase of this case.

Petition for ReconsiderationDismissedWithdrawnWorkers' Compensation Appeals BoardApplicantDefendantsCase NosOrderDecisionConcur
References
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