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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ273405 (WCK 0060645)
Regular
Nov 09, 2011

MARILANI WRIGHT vs. CPN CORPORATION, FARMERS INSURANCE

The applicant sought reconsideration to cross-examine a Disability Evaluator regarding a prior permanent disability rating. The Appeals Board granted reconsideration, rescinded its previous award, and ordered a hearing for the cross-examination. However, this hearing did not occur, and the Workers' Compensation Judge (WCJ) improperly approved a stipulated award. The Appeals Board, while acknowledging the WCJ exceeded their authority, will affirm the stipulated award to finalize the settlement.

Workers' Compensation Appeals BoardReconsiderationDisability EvaluatorCross-examinationPetition to ReopenPermanent Disability RatingStipulations with Request for AwardRule 10862Excess of JurisdictionInterlocutory Orders
References
Case No. VNO 0397500, VNO 0538311
Regular
Sep 18, 2007

Rachel Akman vs. Ronald Faulk, Esq., Uninsured Employers Benefits Trust Fund

The Workers' Compensation Appeals Board granted reconsideration because the defendant, Ronald Faulk, was denied due process by not being allowed to cross-examine the disability evaluator. The Board found that defendant's objection was timely filed under Code of Civil Procedure section 1013, extending the response time by five days. Therefore, the prior award was rescinded and the case returned to the trial level for further proceedings, including the cross-examination of the evaluator.

Workers Compensation Appeals BoardRonald Faulk EsqUninsured Employers Benefits Trust FundJoint Findings and Awardindustrial injuriesbilateral upper and lower extremitiesbackneckknees72% permanent disability
References
Case No. ADJ1058308 (VNO 0482296)
Regular
May 28, 2013

DONNA DeRUSSY vs. ANTELOPE VALLEY HEALTH CARE SYSTEM, TRAVELERS INSURANCE, SAFETY NATIONAL, FRONTIER INSURANCE

This case involves a workers' compensation appeal where the defendants seek reconsideration of a prior award. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, rescinded the prior award, and remanded the case for further proceedings. The primary grounds for this decision were that the defendants were denied due process by not being given an opportunity to cross-examine the rating rater and that the award relied on outdated medical reports. The WCAB also suggested obtaining current medical evaluations due to the time elapsed since the original reports.

Workers' Compensation Appeals BoardReconsiderationJoint Findings and AwardAttorney FeesPermanent Disability RatingApportionmentIndustrial InjuryLumbar SpineTreating PhysiciansMedical Reports
References
Case No. ADJ1880658
Regular
Feb 09, 2011

CLAIRE COATS vs. STATE COMPENSATION INSURANCE FUND

The applicant sought reconsideration of a WCJ's decision that denied her motion to strike a permanent disability rating and denied her request for cross-examination of the rater. The Appeals Board granted reconsideration, finding that the applicant was improperly denied her due process right to cross-examine the rater. The Board rescinded the WCJ's decision and returned the case to the trial level for a new WCJ to conduct further proceedings and issue a new decision, allowing consideration of the applicant's other contentions. This procedural error regarding the cross-examination right necessitated the remand.

Workers' Compensation Appeals BoardClaire CoatsState Compensation Insurance FundFindings and Award and OrderSenior Claims AdjusterIndustrial InjuryPermanent DisabilityMotion to StrikeCross-examinationRater
References
Case No. ADJ1016953 (VNO 0447334) ADJ613532 (VNO 0447332)
Regular
May 23, 2011

WILLIAM ROCCO vs. LANCASTER UNIFIED SCHOOL DISTRICT, TIG INSURANCE CO., AMERICAN CASUALTY INSURANCE CO.

This case concerns a dispute over the scope of cross-examination of a medical evaluator regarding temporary disability. The defendant, American Casualty Insurance Company, sought removal after the WCJ limited cross-examination to new issues in a recent report. The Appeals Board granted removal to clarify the order, acknowledging the defendant's due process rights to fully develop the record on temporary disability and its causation by the claimed injuries. Ultimately, the Board amended the WCJ's order to permit cross-examination on the period(s) of temporary disability and their causal link to the injuries, in addition to new information in the latest medical report.

Petition for RemovalAppeals BoardAmerican Casualty Insurance CompanyWCJ OrderDue ProcessDevelop the RecordTemporary Total DisabilityMedical ReportQualified Medical EvaluatorCross-examination
References
Case No. VNO 400995
Regular
Aug 30, 2007

ANA HERRERA vs. DIANE And JOE GUZMAN, DBA HITCHING POST FEED AND PET SUPPLY, UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, finding their arguments about the applicant's medical expert's reporting unsubstantiated. However, the Board granted the applicant's petition, rescinding the previous award. This action was taken because the applicant was denied due process by the concurrent service of the decision and the Disability Evaluator's report, which prevented her from cross-examining the rater. The case is returned for further proceedings and a new decision.

AOE/COEPermanent DisabilityApportionmentQualified Medical ExaminerMedical ReportingSubstantial EvidencePetition for ReconsiderationDisability EvaluatorDue ProcessCross-examination
References
Case No. VNO 458657
Regular
Sep 11, 2007

DONALD MUMFORD vs. CITY OF ALHAMBRA

The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior award, and returned the case for further proceedings. This action was taken because the defendant's due process rights were violated when the WCJ simultaneously issued findings and award with a recommended disability rating, preventing the defendant from objecting or requesting cross-examination of the rater. The Board determined that parties must be afforded the statutorily required seven days to object to a rating before a case is submitted for decision.

Workers' Compensation Appeals BoardDonald MumfordCity of AlhambraPolice OfficerIndustrial InjuryHeartLumbar SpineLeft ShoulderHypertensionPermanent Disability
References
Case No. ADJ887948 (SRO 0103492) ADJ4222536 (SRO 0103500) ADJ3891200 (SRO 0103496)
Regular
Oct 04, 2010

RICHARD CARROLL vs. CONSOLIDATED FREIGHTWAYS, INC., Permissibly Self-Insured, Reinsured By RELIANCE, In Liquidation, Adjusted By CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

The Workers' Compensation Appeals Board granted reconsideration and rescinded prior awards due to a due process violation. The applicant was denied the opportunity to cross-examine the Disability Evaluation Unit rater when the WCJ simultaneously issued decisions and the recommended rating. This prevented applicant's right to object or seek rebuttal evidence before submission for decision. The case is returned to the trial level for further proceedings, including potential rater cross-examination, and a new decision.

Workers' Compensation Appeals BoardReconsiderationFindings Award and OrdersJoint Findings and AwardWCJDisability Evaluation UnitRating InstructionsDue ProcessCross-examinationRater
References
Case No. ADJ6544795
Regular
Mar 28, 2011

JENNIFER GONZALEZ vs. CAL POLY POMONA ASI, SEDGWICK CLAIMS MANAGEMENT SERVICES

This case involves a defendant seeking reconsideration of a workers' compensation award due to a due process violation. The administrative law judge issued a decision without allowing the defendant to object to or cross-examine the Disability Evaluation Unit (DEU) rater. The Appeals Board granted reconsideration, rescinded the original award, and returned the matter to the trial level. This is to allow the defendant the opportunity to cross-examine the DEU evaluator, thereby ensuring due process.

WCABPetition for ReconsiderationFindings and AwardDEU RatingCross-examinationDisability Evaluation UnitDue ProcessIndustrial InjuryPermanent DisabilityMedical Treatment
References
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