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

Case No. ADJ7594355
Regular
Dec 24, 2013

CRYSTAL OREJEL vs. DOMINOS PIZZA, CORVEL SACRAMENTO, BASSETT BUSINESS SACRAMENTO

This case concerns a lien claimant's failure to pay a lien activation fee, leading to the dismissal of its lien by the WCJ. However, a federal district court injunction against enforcing the lien activation fee provisions of Labor Code section 4903.06, effective November 19, 2013, changes the outcome. The Appeals Board granted reconsideration, rescinded the dismissal order, and returned the matter for further proceedings. This decision acknowledges the impact of the injunction on the enforcement of the fee requirement.

Lien activation feeLabor Code section 4903.06Petition for ReconsiderationPreliminary injunctionAngelotti Chiropractic v. BakerWCJ orderRescinded orderReturn to trial levelWorkers' Compensation Appeals Board
References
1
Case No. ADJ576200
Regular
Dec 01, 2011

ROBIN DVORKIN vs. COUNTY OF SACRAMENTO, COUNTY OF SACRAMENTO WORK COMP

This case involves a dispute over the timeliness of an applicant's objection to a utilization review (UR) denial of prescribed medications for an industrial injury. The defendant, County of Sacramento, argued the applicant failed to object within the statutory twenty-day period. The Workers' Compensation Appeals Board affirmed the judge's finding that the applicant's objection was timely. The Board adopted the judge's reasoning and denied the defendant's petition for reconsideration.

Utilization ReviewNon-certificationTreating PhysicianIndustrial InjuryAgreed Medical ExaminerLabor Code section 4062Petition for ReconsiderationWCJ Report and RecommendationWorkers' Compensation Appeals BoardPermissibly Self-Insured
References
0
Case No. ADJ481349 (SAC 0357393), ADJ1911129 (SAC 0357544), ADJ7331702
Regular
Jun 18, 2015

MARIA TACLAY vs. COUNTY OF SACRAMENTO, COUNTY OF SACRAMENTO WORKERS' COMPENSATION

The Workers' Compensation Appeals Board affirmed a WCJ's finding that actual employment events on two separate dates substantially caused the applicant's psychiatric injury. The defendant, County of Sacramento, sought reconsideration, arguing that separate claims could not be combined to meet the predominant cause threshold. The Board adopted the WCJ's reasoning and upheld the original award. The decision confirms that multiple employment events, even from distinct claims, can collectively establish industrial causation for a psychiatric injury.

Workers' Compensation Appeals BoardReconsiderationFindings of FactOrder and AwardWCJPsychiatric InjuryIndustrial InjuryPredominant CauseSubstantial CauseActual Events of Employment
References
0
Case No. ADJ10988072
Regular
Jun 24, 2019

JOUZETTE POLK LUSTER vs. RECOLOGY, CORVEL SACRAMENTO

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration, rescinded the initial decision, and returned the case for further proceedings. The WCJ had denied the claim based on the applicant's perceived lack of credibility due to discrepancies between her deposition testimony and sub rosa video evidence. However, the Board found that the applicant's credibility issues did not definitively overcome the medical opinions of the Qualified Medical Evaluator. The Board also clarified that the applicant's deposition was properly admitted into evidence as she indicated she would refuse to testify if called.

WCABPetition for ReconsiderationFindings of Fact and Orderindustrial injuryAOE/COEdeposition transcriptsub rosa videomedical evidencePQME reportcredibility
References
0
Case No. ADJ12182074
Regular
Jan 30, 2023

JUSTIN HAMILTON vs. SACRAMENTO REGIONAL TRANSIT

The Appeals Board rescinded a WCJ's take-nothing order and returned the case to the trial level for further proceedings. The Board found that the Agreed Medical Evaluator (AME), Dr. Campbell, needs to supplement his opinion on industrial injury causation given the WCJ's credibility finding against the applicant. Additionally, the WCJ must consider the applicant's alleged criminal conviction for workers' compensation fraud, if proven, and provide the AME with any conviction details for review. The Board emphasized that it expresses no final opinion on the injury's existence or compensability.

Workers' Compensation Appeals BoardReconsiderationIndustrial InjuryAgreed Medical EvaluatorCriminal ConvictionWorkers' Compensation FraudMedical OpinionCredibilityDiscoveryRescinded
References
3
Case No. ADJ3526765 (SAC 0226620)
Regular
May 14, 2012

GARY HORAT vs. COUNTY OF SACRAMENTO

The Workers' Compensation Appeals Board denied Gary Horat's Petition for Reconsideration in the case against the County of Sacramento. The Board adopted and incorporated the reasoning of the workers' compensation administrative law judge. Horat's supplemental pleading was considered but did not alter the decision. Therefore, the Board's order denied the petition for reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeDeny ReconsiderationSupplemental PleadingCal. Code Regs. tit. 8§ 10848County of SacramentoGary HoratADJ3526765
References
0
Case No. ADJ7542088
Regular
Jun 25, 2012

TIMOTHY OAKES vs. CITY OF SACRAMENTO

The Workers' Compensation Appeals Board denied the defendant City of Sacramento's petition for reconsideration. Simultaneously, the Board granted the applicant Timothy Oakes' petition for reconsideration. The Board affirmed the original decision, with a minor amendment changing Finding of Fact No. 6 to state that the applicant's condition does not require further medical care.

Workers' Compensation Appeals BoardLegally UninsuredPetition for ReconsiderationWCJ reportDecision After ReconsiderationFinding of Factmedical care
References
0
Case No. ADJ8812554, ADJ9050566, ADJ8818133, ADJ8818138, ADJ8757878, ADJ8848066
Regular
Aug 26, 2014

SAM FOSTER vs. COUNTY OF SACRAMENTO

The Workers' Compensation Appeals Board (WCAB) denied reconsideration of multiple applications filed by applicant Sam Foster against the County of Sacramento. The WCAB adopted the reasoning of the administrative law judge's report in its decision. The Board also admonished applicant's attorney for failing to include page numbering in their filings. Consequently, all petitions for reconsideration were denied.

WORKERS' COMPENSATION APPEALS BOARDPetitions for Reconsiderationadministrative law judgedeny reconsiderationapplicant's attorneypage numberingAnswerdefendant's PetitionFRANK M. BRASSMONNIE G. CAPLANE
References
0
Case No. ADJ1412834 (SAC 0351373)
Regular
Mar 24, 2009

DOUGLAS BLIXT vs. COUNTY OF SACRAMENTO

This case concerns the denial of defendant County of Sacramento's petition for attorney's fees and sanctions. The defendant argued applicant's expedited hearing request was improper, but the Workers' Compensation Appeals Board (WCAB) found removal inappropriate. The WCAB granted reconsideration, amending the original order to defer the petitions for penalties and sanctions. The matter is returned for further proceedings.

Workers' Compensation Appeals BoardPetition for RemovalPetition for ReconsiderationQualified Medical Evaluator (QME)Declaration of Readiness to Proceed (DOR)Expedited HearingAttorney's FeesSanctionsPenaltiesLabor Code section 5900
References
0
Case No. ADJ7103630
Regular
May 21, 2012

DENISE SANCHES vs. COUNTY OF SACRAMENTO

This case involves Denise Sanches' workers' compensation claim against the County of Sacramento. The Workers' Compensation Appeals Board dismissed Sanches' Petition for Removal as untimely. The dismissal was based on the petition being filed on March 8, 2012, which was more than the allowed 25 days after the February 13, 2012, decision. This delay violated the time limits prescribed by 8 Cal. Code Regs. § 10843 and Code of Civil Procedure § 1013.

Petition for RemovalUntimelyDecision DateFiling Date25 Days20 Days8 Cal. Code Regs. 10843Code of Civil Procedure § 1013Served by MailDismissed
References
0
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