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

Case No. ADJ118892 (VNO 0442877) ADJ1041834 (VNO 0436039)
Regular

TAMARA O'KEEFE vs. COSTCO WHOLESALE, INC.

This order denies Costco Wholesale's petition for reconsideration in the workers' compensation case of Tamara O'Keefe. The Workers' Compensation Appeals Board (WCAB) adopted the report of the workers' compensation administrative law judge (WCJ) as its reasoning for denial. The specific grounds for denial are detailed within the WCJ's report, which is incorporated by reference. Therefore, the WCAB has upheld the prior decision and denied the employer's request for review.

ADJ118892VNO 0442877ADJ1041834VNO 0436039O'KeefeCostco WholesaleSedgwick CMSDeny ReconsiderationWCJ ReportAppeals Board
References
Case No. ADJ12165480 ADJ12165483 ADJ12659992
Regular
Oct 07, 2020

KAREN VOTAW vs. COSTCO WHOLESALE

The Workers' Compensation Appeals Board denied the defendant's petition for removal, finding it an extraordinary remedy that was not warranted in this case. The Board determined that the defendant failed to demonstrate substantial prejudice or irreparable harm if removal was not granted, nor did they show that reconsideration would be an inadequate remedy. The Board also admonished the defendant's attorney for improperly attaching unadmitted evidence to the petition. Therefore, the petition for removal was denied.

Petition for RemovalExtraordinary RemedySubstantial PrejudiceIrreparable HarmReconsiderationAdequate RemedyAppeals Board Rule 10945(c)(2)WCJ ReportCase Nos.ADJ12165480
References
Case No. ADJ11204383
Regular
Sep 29, 2025

NASRI BAKRI vs. COSTCO WHOLESALE, HELMSMAN MANAGEMENT SERVICES, LLC

The Workers' Compensation Appeals Board denied NASRI BAKRI's petition for reconsideration regarding a lien claim by Premier Psychological Services. The Board upheld the Workers' Compensation Judge's finding that the applicant's claimed psychological and neurological injuries were non-industrial. Furthermore, Dr. Michaels' medical-legal report, which formed the basis of the lien claim, was deemed not to constitute substantial medical evidence due to insufficient foundation and a lack of comprehensive history. Consequently, Premier's lien claim for both medical-legal and treatment costs was denied in full.

ADJ11204383Costco WholesaleHelmsman Management ServicesLLCPetition for ReconsiderationLabor Code Section 5909Electronic Adjudication Management System (EAMS)Transmission of CaseNotice of TransmissionBurden of Proof
References
Case No. ADJ16089938
Regular
Jan 25, 2023

ALEJANDRO PRADO vs. COSTCO WHOLESALE CORPORATION, HELMSMAN MANAGEMENT SERVICES

This case involves an applicant's petition for removal challenging a WCJ's decision validating the defendant's request for a Qualified Medical Evaluator (QME) panel. The applicant argued the panel request was invalid because it was based on Labor Code section 4061 before permanent and stationary status was reached. The Appeals Board denied the petition, finding the WCJ's decision addressed a threshold issue, making it a final order. However, because the petitioner only challenged an interlocutory finding within that order, the Appeals Board applied the stricter removal standard. Removal was denied as the applicant failed to demonstrate significant prejudice or irreparable harm, and that reconsideration would not be an adequate remedy.

ALEJANDRO PRADOCOSTCO WHOLESALE CORPORATIONHELMSMAN MANAGEMENT SERVICESADJ16089938PETITION FOR RECONSIDERATIONTHRESHOLD ISSUEFINAL DECISIONINTERLOCUTORY ISSUEREMOVAL STANDARDSIGNIFICANT PREJUDICE
References
Case No. ADJ2954772
Regular
May 22, 2012

AURELIO GUERRERO vs. COSTCO WHOLESALE, SEDGWICK CMS

The Workers' Compensation Appeals Board granted reconsideration of a judge's decision that denied penalties, sanctions, and costs. The Board found that Costco Wholesale unreasonably delayed payment of a prior vocational rehabilitation fee award. Consequently, Costco was ordered to pay applicant's attorney interest on the overdue fee, a 25% penalty for the delay, and an attorney's fee for enforcing the award.

Labor Code section 5814Labor Code section 5814.5unreasonable delayvocational rehabilitation feesinterestpenaltyattorney's feeAppeals Boardreconsiderationen banc decision
References
Case No. ADJ3149661 (SDO 0271415)
Regular
Apr 27, 2012

Elsa Cervantes vs. COSTCO WHOLESALE CORPORATION, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board granted reconsideration to find that applicant Elsa Cervantes sustained an industrial injury to her left shoulder, overturning the WCJ's prior decision. The Board found substantial medical evidence supported that the rotator cuff tear arose from the April 27, 2000 incident, reversing the WCJ's reliance on Dr. Lane's opinion. Applicant is entitled to further medical treatment, including surgery, and continuing temporary disability benefits for the left shoulder injury. However, the Board affirmed the WCJ's decision regarding the defendant's right to control medical treatment through its Medical Provider Network, finding no contrary evidence of substantiality to overturn the credibility findings.

Workers Compensation Appeals BoardElas CervantesCostco Wholesale CorporationSedgwick Claims Management Servicesindustrial injuryneck injuryleft trapezius muscle injurypsyche injuryleft shoulder injuryMedical Provider Network (MPN)
References
Case No. ADJ629894 (SAL0121123) ADJ7361756
Regular
Jan 31, 2012

SANDRA MARTINEZ vs. COSTCO WHOLESALE, Permissibly Self-Insured, Adjusted By SEDGWICK CMS

This Workers' Compensation Appeals Board decision addresses two consolidated cases for applicant Sandra Martinez against Costco Wholesale. The Board affirmed the initial awards of permanent disability for injuries to the left knee, foot, lumbar spine, and psyche (2007) and the neck (2010). However, the Board amended the award to rescind reimbursement for self-procured medical treatment and clarified the EDD reimbursement and attorney fee divisions. Specifically, the payment of attorney fees for both cases was deferred pending resolution between current and former counsel, with jurisdiction reserved for disputes.

Workers' Compensation Appeals BoardReconsiderationIndustrial InjuryPermanent DisabilityTemporary DisabilityAttorney FeesEDD ReimbursementSelf-Procured Medical TreatmentAgreed Medical ExaminerCredibility Findings
References
Case No. ADJ803403, ADJ3871020
Regular
Nov 03, 2010

GERALD BROWN vs. COSTCO WHOLESALE CORPORATION

The Appeals Board denied Costco's petition for removal, finding their arguments lacked merit. The Board affirmed the WCJ's order to develop the medical record for permanent disability rating under the 1997 PDRS, as this was consistent with prior Board decisions. Costco's claims of prejudice and due process violations were rejected, as the order was interim and did not cause irreparable harm. The Board emphasized that reconsideration would be available after the WCJ issues final decisions.

Removal PetitionPermanent Disability Rating ScheduleAgreed Medical ExaminerTemporary Disability IndemnityCredit for OverpaymentCausation IssuesApportionmentSubstantial Medical EvidenceFactors of DisabilityLabor Code Section 4660(d)
References
Case No. ADJ9120523
Regular
Jan 25, 2018

Guillermo Reyes Perez vs. Colorama Wholesale Nursery, Zenith Insurance Company

This Workers' Compensation Appeals Board case concerns disputed payments for copying services provided by lien claimant Citywide Scanning Services, Inc. The Board granted reconsideration to amend the original decision based on the WCJ's report. While most of the lien claimant's invoices were deemed satisfied due to failure to request a second review after receiving Explanations of Review (EORs), two invoices were specifically addressed. The Board found the defendant failed to provide valid EORs for services related to Colorama Wholesale Nursery and the California Secretary of State. Therefore, the lien claimant is entitled to full payment for these two invoices, less any amounts already paid by the defendant.

EORLabor Code section 4622WCAB Rule 9794(c)Petition for ReconsiderationLien claimantCopying servicesSecond reviewInvoicesDefendant's answerReport and Recommendation
References
Case No. ADJ2748573
Regular
May 11, 2009

THOMAS HERNON vs. COUNTY OF SANTA CLARA

The Appeals Board granted reconsideration, reversing the prior finding on the applicant's occupational group number from 560 to 380 (painter), based on evidence of the applicant's actual job duties. The Board also modified the decision regarding apportionment, accepting the Agreed Medical Evaluator's opinion that 10% of the disability should be apportioned to pre-existing degenerative disease. However, the Board affirmed the application of the 1997 Permanent Disability Rating Schedule, as temporary disability payments were terminated before January 1, 2005, triggering notice requirements. Ultimately, the applicant's permanent disability was reduced to 63% after apportionment.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardApplicantDefendantPublic Service WorkerOccupational Group NumberIndustrial InjuryLow BackNeck
References
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