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

Case No. LAO 0759510, LAO 0759524
Regular
Dec 28, 2007

CONNIE ALVIZO vs. STATE OF CALIFORNIA, DEPARTMENT OF INDUSTRIAL RELATIONS, Permissibly Uninsured, Adjusted By STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration to address the defendant's challenge to a finding of permanent total disability, which was based on the now largely inapplicable "Wilkinson rule" for combining injuries. The Board rescinded the prior award and returned the case to the trial level for reevaluation in light of the recent *Benson* decision, which mandates apportionment based on causation. The defendant can raise their other contentions, such as regarding fibromyalgia and self-procured treatment, in the subsequent proceedings.

Wilkinson ruleBenson decisionapportionmentcausationcumulative injurypermanent total disabilitypermanent disability ratingfibromyalgiaself-procured medical carefurther medical treatment
References
2
Case No. ADJ2738569 (LAO 0759524) ADJ553488 (LAO 0759510)
Regular
Oct 29, 2010

CONNIE ALVIZO vs. STATE OF CALIFORNIA, DEPARTMENT OF INDUSTRIAL RELATIONS, Permissibly Uninsured, Adjusted By STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration regarding the applicant's entitlement to 24/7 home health care. The Board adopted the WCJ's report and emphasized that the defendant failed to submit the primary treating physician's request for this care to mandatory utilization review. Citing *Sandhagen*, the Board affirmed that Labor Code § 4610 utilization review is the sole mechanism to challenge medical treatment requests. Therefore, the defendant's failure to follow this process bars their current challenge to the 24/7 home health care.

Workers' Compensation Appeals BoardConnie AlvizoDepartment of Industrial RelationsPermissibly UninsuredState Compensation Insurance FundPetition for ReconsiderationFindings and Orderhome health care24 hour/7 days per weeksenior legal stenographer
References
1
Case No. ADJ2738569 (LAO 0759524) ADJ553488 (LAO 0759510)
Regular
Jan 23, 2009

CONNIE ALVIZO vs. STATE OF CALIFORNIA, DEPARTMENT OF INDUSTRIAL RELATIONS, Permissibly Uninsured, Adjusted By STATE COMPENSATION INSURANCE FUND

The WCAB denied defendant's petition for reconsideration of the WCJ's Amended Findings and Award, affirming the finding of permanent total disability and the WCJ's decision against apportionment.

WCABPetition for ReconsiderationAmended Findings and Awardpermanent total disabilityapportionmentvocational rehabilitation expertagreed medical evaluatorLabor Code § 4663cumulative traumaLabor Code § 5500.5
References
5
Case No. ADJ8522912
Regular

CONNIE LOZANO vs. TRINO PACKING AND COOLING, INC., ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed Connie Lozano's petition for reconsideration. The dismissal was based on the petition being unverified and failing to state valid grounds for reconsideration as required by law. The WCAB also indicated that even if these procedural defects were absent, the petition would have been denied on its merits.

Petition for ReconsiderationUnverified PetitionGrounds for ReconsiderationWCJ Report and RecommendationDismissalWorkers' Compensation Appeals BoardLab. Code § 5902Cal. Code Regs. tit. 8§ 10842Cal. Code Regs. tit. 8
References
0
Case No. ADJ10059383
Regular
May 24, 2018

CONNIE PINEDO vs. CIGNA; ACE AMERICAN INSURANCE COMPANY, adjusted by SEDGWICK CMS

The Workers' Compensation Appeals Board (WCAB) dismissed Connie Pinedo's petition for reconsideration because it was filed untimely. Under California law, a petition for reconsideration must be received by the WCAB within 25 days of service of a final decision, with extensions for weekends and holidays. In this instance, the petition was filed three days after the jurisdictional deadline, rendering it invalid. Therefore, the WCAB lacked the authority to consider the merits of the petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationTimelinessDismissalLabor CodeCal. Code Regs.JurisdictionalFindings of Fact and OrderService by MailMaranian v. WCAB
References
4
Case No. MISSING
Regular Panel Decision
Apr 04, 1997

Bisso v. De Freest

A nursing technician at St. Francis Hospital was terminated due to allegations of sexual harassment. His supervisor, Connie De Freest, subsequently disclosed the reason for his termination to a group of former co-workers. The plaintiff initiated a defamation lawsuit against St. Francis Hospital and Connie De Freest, alleging that the statement was defamatory. The Supreme Court granted the defendants' motion for summary judgment, leading to the dismissal of the complaint. This decision was later affirmed on appeal, with the court finding that the supervisor's statement was protected by a qualified privilege, as it was made to individuals with a legitimate interest in the information and without a showing of malice.

DefamationSexual HarassmentEmployment TerminationQualified PrivilegeSummary JudgmentWorkplace CommunicationAppellate ReviewSupervisor LiabilityMaliceColumbia County
References
4
Case No. ADJ1369119
Regular
Feb 17, 2016

CONNIE SHEPARD THOMPSON vs. COUNTY OF LOS ANGELES

This case concerns a dispute over the necessity of applicant's proposed back surgery. The Appeals Board granted reconsideration, finding that the defendant's Utilization Review denial was untimely communicated and thus invalid. However, the Board ultimately rescinded the WCJ's award of surgery because applicant's medical evidence from Dr. Spayde lacked substantial justification and did not demonstrate the surgery's reasonableness or necessity according to established standards. Therefore, the applicant was denied the requested surgical treatment.

Workers' Compensation Appeals BoardPetition for ReconsiderationUtilization ReviewNon-CertificationAdministrative Director RuleLabor CodeBodam v. San Bernardino CountyDubon v. World RestorationMedical TreatmentSubstantial Medical Evidence
References
2
Case No. ADJ1036181 (LAO 0861182) ADJ3257740 (LAO 0861181) ADJ1313689 (LAO 0861180)
Regular
Sep 13, 2018

Connie Edge vs. World Citrus West, Nationwide Insurance

This case involves an applicant with admitted industrial injuries seeking reconsideration of a WCJ's findings regarding home health care and penalties. While the parties petitioned for reconsideration, they subsequently entered into a compromise and release agreement for $1,350,000. The Board approved the settlement, finding it adequate and in the applicant's best interest. However, the Board deferred jurisdiction over the division of attorneys' fees between the applicant's current and former attorneys, ordering $100,000 withheld pending further resolution at the trial level.

Workers' Compensation Appeals BoardReconsiderationJoint Findings of FactCompromise and ReleaseLabor Code section 5001WCAB Rule 10882Medicare Set-AsideAttorneys' FeesLienDeferred Jurisdiction
References
2
Case No. ADJ6862276 ADJ1946201
Regular

CONNIE E. PETERSEN vs. COUNTY OF SACRAMENTO, OFFICE OF EDUCATION, PSI

The applicant sought reconsideration or removal after discovery was closed and a hearing was set by different judges following a Mandatory Settlement Conference. The Board dismissed the reconsideration petition, finding the order setting the hearing was not a final order. Removal was denied because the applicant failed to demonstrate substantial prejudice or irreparable harm, and further discovery issues are to be addressed by the assigned judge at the hearing. The Board noted the repeal of a former rule regarding judge reassignment.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalMandatory Settlement ConferenceClosing DiscoveryAgreed Medical ExaminerSpecific InjuryCumulative InjuryAlmarez-Guzman ApportionmentFinal Order
References
8
Case No. ADJ1036181 (LAO 0861182) ADJ1313689 (LAO 0861180) ADJ3257740 (LAO 0861181)
Regular
Dec 23, 2019

CONNIE EDGE, RONNIE EDGE vs. WORLD CITRUS WEST, NATIONWIDE INSURANCE

The Workers' Compensation Appeals Board denied reconsideration of a prior decision on attorney fee allocation in a workers' compensation case. The Appeals Board adopted the Workers' Compensation Judge's report, giving great weight to their credibility determinations. The Judge found no substantial evidence to overturn their prior ruling on the division of fees between two attorneys, Glauber and Hershewe. The Judge's report detailed that the fee division was based on Labor Code Section 4906(d), considering responsibility, care, time, and results obtained by each attorney, and found no ex parte communication occurred.

WCABPetition for ReconsiderationWCJ Credibility DeterminationsEx Parte CommunicationDue ProcessLabor Code Section 4906(d)Attorney FeesCompromise and ReleaseCumulative TraumaSpecific Injury
References
0
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