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

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. MON 0212034
Regular
Mar 14, 2008

KRISTIAN VON RITZHOFF vs. OGDEN ENTERTAINMENT SERVICES

The Workers' Compensation Appeals Board (WCAB) vacated its prior order granting reconsideration and dismissed the applicant's petition, deeming it an improper reconsideration of a non-final order. The WCAB construed the applicant's request as a petition for removal, which it denied, upholding the WCJ's discretion to prohibit videotaping of proceedings. The decision emphasizes that a party's right to videotape hearings is within the WCJ's sound discretion and not a guaranteed right.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalRequest for Judicial NoticeVideotape ProceedingsWCJ DiscretionFinal OrderSubstantial PrejudiceIrreparable HarmVacating Order
References
Case No. ADJ9136267
Regular
Aug 05, 2016

JERRY LEDGER III vs. STEVE DOVALI CONSTRUCTION, BARRY HALAJIAN DBA INDUSTRIAL ELECTRIC COMPANY, GRANITE STATE INSURANCE, BENCHMARK INSURANCE

In this workers' compensation case, the Appeals Board granted removal, rescinded a prior order staying Superior Court actions, and affirmed an order for mandatory arbitration. The Board found that coverage disputes arising from an insurer's claim of policy cancellation fall exclusively within the WCAB's jurisdiction, as resolution is necessary for applicant benefits. While the WCAB has exclusive jurisdiction over these disputes, it lacked the authority to stay the separate Superior Court actions, which is a power reserved for higher courts. Therefore, the parties must proceed to arbitration, and the Superior Court actions are not stayed by the WCAB.

Workers' Compensation Appeals BoardPetition for RemovalMandatory ArbitrationSuperior Court ActionPolicy CancellationDeclaratory ReliefConcurrent JurisdictionExclusive JurisdictionCoverage DisputeConstitutional Courts
References
Case No. ADJ9910760
Regular
Nov 20, 2018

RAFAEL GUZMAN RODRIGUEZ vs. WASTE MANAGEMENT COLLECTION AND RECYCLING, ACE AMERICAN INSURANCE

The Workers' Compensation Appeals Board (WCAB) denied the defendant's petition for reconsideration. The WCAB affirmed its prior decision allowing the applicant to audio record a qualified medical evaluation with Dr. Dizay. The Board exercised its broad discretion to guide discovery, amending the initial administrative law judge's order which had prohibited recording. This decision aligns with the WCAB's authority to review and modify WCJ decisions based on the existing record and judicial discretion.

Petition for ReconsiderationAudio RecordingQualified Medical EvaluatorPanel QMEWCAB DiscretionLabor Code Section 5708Code of Civil ProcedureWCJ DecisionReconsideration ProceedingsJudicial Discretion
References
Case No. ADJ2444225 (GRO 0016225) ADJ811699 (GRO 0016226) ADJ4137711 (GRO 0016352)
Regular
Aug 04, 2009

DWIGHT SMITH vs. STATE OF CALIFORNIA, CALIFORNIA YOUTH AUTHORITY, legally uninsured, STATE COMPENSATION INSURANCE FUND, STATE CONTRACT SERVICES, adjusting agency

This case involves a California Supreme Court decision that reversed an award of attorney's fees to the applicant's counsel. The Court found that Labor Code section 4607 did not authorize such fees, overturning previous decisions by the WCJ and the Appeals Board. Consequently, the Appeals Board reinstated its original order denying reconsideration and attorney's fees.

Workers' Compensation Appeals BoardRemittiturAttorney's feesLabor Code section 4607ReconsiderationDenying ReconsiderationCalifornia Supreme CourtCourt of AppealLegally uninsuredAdjusting agency
References
Case No. ADJ2948353 (SAL 0116403)
Regular
Jan 16, 2013

BRIAN CARRASCO vs. CLARK PEST CONTROL, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board (WCAB) dismissed Brian Carrasco's petition for reconsideration as successive and untimely. Carrasco had previously filed a similar petition which was dismissed by the WCAB on October 4, 2012, and he failed to seek a writ of review from the Court of Appeal. The current petition, in addition to being a relitigation of dismissed issues, also violated court rules regarding formatting and length. The WCAB warned Carrasco that further attempts to relitigate these issues could result in him being declared a vexatious litigant.

WCABPetition for ReconsiderationSuccessive PetitionVexatious LitigantCourt of AppealWrit of ReviewLabor Code Section 5950Final OrderPetition to ReopenLabor Code Section 5804
References
Case No. ADJ2831423
Regular
Jun 21, 2010

REINARD WILSON vs. CINCINNATI BENGALS

This case involves a dispute over permanent disability payments awarded by the California Workers' Compensation Appeals Board (WCAB). The defendant, Cincinnati Bengals, stopped payments based on an Ohio court order, which was later vacated by a federal court. The WCAB affirmed the original award, finding the defendant's delay in resuming payments unreasonable under Labor Code section 5814, justifying a penalty. However, the WCAB reversed sanctions under section 5813, finding the Ohio litigation, while ultimately unsuccessful, was not frivolous or solely intended to cause delay.

WCABPermanent Disability PaymentsLabor Code Section 5813Labor Code Section 5814Unreasonable DelayFrivolous TacticsSanctionsAttorney's FeesOhio Court OrdersInjunction
References
Case No. ADJ4047184 (RDG 0115958)
Regular
Dec 02, 2009

BRICE SANDHAGEN vs. STATE COMPENSATION INSURANCE FUND

The court affirmed the WCJ's decision that the defendant was barred from relying on the utilization review process due to missed deadlines. The UR process is the employer's only avenue for resolving treatment requests.

RemittiturUtilization ReviewLabor Code section 4610(g)(1)Labor Code section 4062(a)Treating Physician RecommendationWCJFindings and Award and OrderPetition for ReconsiderationEn Banc DecisionCourt of Appeal
References
Case No. VNO 545629
Regular
Apr 10, 2008

FREDERICK HALLER vs. CITY OF RIVERSIDE POLICE DEPARTMENT, CITY OF RIVERSIDE WORKERS' COMPENSATION OFFICE

The Workers' Compensation Appeals Board denied reconsideration of a decision that established a reasonable attorney fee rate of $225 per hour. The applicant's counsel sought a higher rate, arguing that deposition fees were discretionary and citing internal guidelines from other district offices. The Board found the $225 rate reasonable based on local standards and the WCJ's discretion under Labor Code Section 5710.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ discretiondeposition feesreasonable rateattorney feesabuse of discretionLabor Code Section 5710removalRiverside
References
Case No. ADJ4617702 (GOL 0098783) ADJ1170523 (GOL 0100196)
Regular
Mar 24, 2015

EVE JOHNSON vs. CALIFORNIA DEPARTMENT OF SOCIAL SERVICES

The Appeals Board granted the Defendant's Petition for Removal and Disqualification of the Workers' Compensation Judge (WCJ). The WCJ abused his discretion by sua sponte initiating sanctions against the Defendant and ordering the appearance of their claims adjuster, instead of proceeding to trial on the applicant's representation status. Furthermore, the WCJ's expressed opinions and actions created an appearance of bias, necessitating his disqualification. The case is returned to the trial level for a new hearing on the originally scheduled issues.

Workers Compensation Appeals BoardPetition for RemovalPetition for DisqualificationAdministrative Law JudgeSanctionsMedical-Legal EvaluationLabor CodeRepresented ApplicantUnrepresented ApplicantQME
References
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