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Case Law Database

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

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. 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. 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. 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. ADJ7721810

Regular

Feb 08, 2016

MAUREEN HIKIDA vs. COSTCO WHOLESALE

This case involves an applicant seeking reconsideration of a $90\%$ permanent disability award for an industrial injury. The applicant argues for $100\%$ permanent disability without apportionment, while the defendant maintains the original award. The Appeals Board rescinded the original decision and remanded the case for further proceedings on permanent disability, specifically ordering the WCJ to consider the applicant's psychiatric injury's contribution to her current disability, in addition to the previously considered CRPS. A dissenting commissioner argued that the applicant's total permanent disability resulted solely from treatment for the industrial injury, thus precluding apportionment.

Complex Regional Pain SyndromeCRPSapportionmentpermanent disabilitypsyche injuryvocational evidenceAgreed Medical EvaluatorAMEcarpal tunnelcognitive impairment

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. ADJ6653777

Regular

Jan 26, 2011

MARIA COLORADO vs. COSTCO WHOLESALE, SEDGWICK CMS

This case concerns an applicant who sustained an industrial injury to her right elbow, with the primary dispute revolving around the permanent and stationary (P&S) date and subsequent credit for overpaid temporary disability benefits. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, overturning the original decision. The WCAB found the applicant's condition became permanent and stationary on June 8, 2009, based on the Agreed Medical Evaluator's (AME) report, not March 1, 2009, as previously determined. Consequently, the defendant is not entitled to a credit for overpaid temporary disability indemnity, as the applicant was unable to return to work until released by her physician.

Agreed Medical EvaluatorPermanent and Stationary DateTemporary Disability IndemnityCredit for OverpaymentReconsiderationPetition for ReconsiderationFindings and AwardWCJTreating PhysicianReturn to Work Release

References

Case No. ADJ2557593 (OAK 0321451) ADJ7115613

Regular

Dec 05, 2011

SHIRLEY WASHINGTON vs. COSTCO WHOLESALE, SEDGWICK CLAIMS MANAGEMENT

The Workers' Compensation Appeals Board (WCAB) has granted reconsideration for both the applicant and defendants in this case, ADJ2557593. This action is necessary due to statutory time constraints and an initial review indicating a need for further study of the factual and legal issues. The WCAB aims to gain a complete understanding of the record to issue a just and reasoned decision. All future filings related to this case should be directed to the WCAB's Office of the Commissioners, not a local office, pending the decision after reconsideration.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationFindings of FactAwardand Ordersstatutory time constraintsfactual and legal issuesjust and reasoned decisionDecision After ReconsiderationOffice of the Commissioners

References

Case No. ADJ10837556; ADJ11301347

Regular

Dec 30, 2020

MANUEL RODRIGUEZ vs. COSTCO WHOLESALE, HELMSMAN MANAGEMENT SERVICES

The Appeals Board granted removal, rescinded the WCJ's order allowing a second deposition, and returned the matter for further proceedings due to an insufficient record. Applicant's petition for reconsideration was dismissed as the WCJ's order was not a final decision. The Board found that the applicant's filing was timely construed as an objection to the deposition order, and the WCJ failed to provide sufficient basis for the order or consider evidence. Additionally, the defendant improperly served the order, violating WCAB rules.

RemovalPetition for ReconsiderationOrder Granting LeaveSecond DepositionDue ProcessAdministrative Law JudgeWorkers' Compensation Appeals BoardThreshold IssueFinal DecisionExtraordinary Remedy

References

Case No. ADJ7006877

Regular

Jul 22, 2014

JANET PARKER vs. COSTCO WHOLESALE, SEDGWICK CLAIMS MANAGEMENT SERVICES

This case involves a defendant's petition to remove an order limiting discovery subpoenas. The defendant sought medical records related to the applicant's spine, left knee, hernia, pain syndrome, arthritis, and obesity, arguing relevance to claimed injuries. The applicant agreed to include left knee records but not other potentially unrelated conditions. The Appeals Board granted the petition, amended the order to include left knee records, and allowed parties twenty days to reach an informal agreement on other records, otherwise returning the matter to the trial level.

Petition for RemovalOrder Limiting Subpoenas Duces TecumSutter Regional Medical FoundationBay Spine Medical Associatesspineleft kneeherniapain syndromearthritisobesity

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. ADJ2954772

Regular

May 22, 2012

AURELIO GUERRERO vs. COSTCO WHOLESALE, SEDGWICK CMS

Labor Code section 5814Labor Code section 5814.5unreasonable delayvocational rehabilitation feesinterestpenaltyattorney's feeAppeals Boardreconsiderationen banc decision

References

Case No. ADJ629894 (SAL0121123) ADJ7361756

Regular

Jan 31, 2012

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

References

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

Regular

TAMARA O'KEEFE vs. COSTCO WHOLESALE, INC.

ADJ118892VNO 0442877ADJ1041834VNO 0436039O'KeefeCostco WholesaleSedgwick CMSDeny ReconsiderationWCJ ReportAppeals Board

References

Case No. ADJ803403, ADJ3871020

Regular

Nov 03, 2010

GERALD BROWN vs. COSTCO WHOLESALE CORPORATION

References

Case No. ADJ7721810

Regular

Feb 08, 2016

MAUREEN HIKIDA vs. COSTCO WHOLESALE

Complex Regional Pain SyndromeCRPSapportionmentpermanent disabilitypsyche injuryvocational evidenceAgreed Medical EvaluatorAMEcarpal tunnelcognitive impairment

References

Case No. ADJ12165480 ADJ12165483 ADJ12659992

Regular

Oct 07, 2020

KAREN VOTAW vs. COSTCO WHOLESALE

Petition for RemovalExtraordinary RemedySubstantial PrejudiceIrreparable HarmReconsiderationAdequate RemedyAppeals Board Rule 10945(c)(2)WCJ ReportCase Nos.ADJ12165480

References

Case No. ADJ6653777

Regular

Jan 26, 2011

MARIA COLORADO vs. COSTCO WHOLESALE, SEDGWICK CMS

References

Case No. ADJ2557593 (OAK 0321451) ADJ7115613

Regular

Dec 05, 2011

SHIRLEY WASHINGTON vs. COSTCO WHOLESALE, SEDGWICK CLAIMS MANAGEMENT

References

Case No. ADJ10837556; ADJ11301347

Regular

Dec 30, 2020

MANUEL RODRIGUEZ vs. COSTCO WHOLESALE, HELMSMAN MANAGEMENT SERVICES

RemovalPetition for ReconsiderationOrder Granting LeaveSecond DepositionDue ProcessAdministrative Law JudgeWorkers' Compensation Appeals BoardThreshold IssueFinal DecisionExtraordinary Remedy

References

Case No. ADJ7006877

Regular

Jul 22, 2014

JANET PARKER vs. COSTCO WHOLESALE, SEDGWICK CLAIMS MANAGEMENT SERVICES

Petition for RemovalOrder Limiting Subpoenas Duces TecumSutter Regional Medical FoundationBay Spine Medical Associatesspineleft kneeherniapain syndromearthritisobesity

References

Showing 1-10 of 143 results

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