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

Case No. MISSING
Regular Panel Decision

Klussman v. A.T. Reynolds & Sons, Inc.

Plaintiff Michael Klussman, a tractor-trailer driver, was injured while off-loading water bottles, leading to a lawsuit against the water distributor, Leisure Time, and the building occupant, Cure Connections. The Supreme Court initially denied Leisure Time's motion for summary judgment but granted Cure Connections'. On appeal, the decision was modified, with Leisure Time's motion for summary judgment being granted and the complaint against them dismissed. The appellate court determined that Klussman's chosen method of unloading, moving a heavy load at a faster speed down an incline, was the proximate cause of his injury, rather than any defective equipment provided by Leisure Time.

summary judgmentnegligencespecial employeeproximate causeworkers' compensation lawpallet jackloading dock accidentpersonal injuryappellate reviewduty of care
References
0
Case No. ADJ1148042 (RIV 0079139)
Regular
Apr 24, 2012

SARA OCHOA vs. BEL AIRE WINDOW COVERINGS, ZENITH INSURANCE COMPANY

The Appeals Board affirmed the WCJ's decision disallowing a medical lien from Aspen Medical Resources (AMR). AMR failed to prove that the durable medical equipment it provided was reasonably necessary to cure or relieve the applicant's industrial injury, lacking a report from the primary treating physician requesting such equipment. Furthermore, the applicant's treatment occurred outside the defendant's Medical Provider Network (MPN) after proper notification was given, and AMR's argument regarding defective MPN notice was rejected as defects can be cured. The Board also found no error in the admission of defendant's exhibits, as any objection to the proof of service was waived by AMR's failure to timely object.

Medical Provider NetworkMPNLien ClaimantDurable Medical EquipmentReasonable and NecessaryBurden of ProofUtilization ReviewProof of ServiceTimely ObjectionWaiver
References
14
Case No. ADJ10245654
Regular
Feb 20, 2018

ERNESTO NAJERA vs. GENERAL WAX COMPANY, INC., TRAVELERS PROPERTY OF CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board dismissed Ernesto Najera's Petition for Reconsideration because it was not verified, as required by Labor Code section 5902. The WCJ's report notified the applicant of this defect, but it was not cured within a reasonable time. The Board noted that if not dismissed for procedural defect, the petition would have been denied on the merits.

Petition for ReconsiderationUnverified PetitionVerification DefectLabor Code Section 5902Cal. Code Regs. tit. 8 § 10450(e)Lucena v. Diablo Auto BodyNotice of DefectCure DefectCompelling ReasonAdministrative Law Judge Report
References
1
Case No. ADJ8752928
Regular
Feb 23, 2016

BRAD MITCHELL vs. MARILYN GREENBERG LOAN ACCOUNTS, AAA NORTHERN CALIFORNIA INSURANCE EXCHANGE, administered by TRISTAR RISK MANAGEMENT

This case is dismissed because the Applicant's Petition for Reconsideration was unverified, violating Labor Code section 5902 and related regulations. The Applicant was given notice of this defect and a reasonable time to cure it, but failed to do so. Additionally, the petition lacked the required proof of service. If not for the procedural defect, the petition would have been denied on its merits.

Petition for ReconsiderationUnverified PetitionVerification RequirementLabor Code Section 5902Lucena v. Diablo Auto BodySignificant Panel DecisionWCJ ReportProof of ServiceLabor Code Section 5905Workers' Compensation Appeals Board
References
1
Case No. BAK 0136834
Regular
Dec 28, 2007

JOSE M. DELVILLAR vs. IRISH CONSTRUCTION, NATIONAL UNION FIRE INSURANCE COMPANY, AMERICAN INTERNATIONAL CLAIMS SERVICES (Adjusting Agent)

The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration because it was not verified as required by Labor Code section 5902. The defect was pointed out by the administrative law judge, and the defendant failed to cure it or provide a valid explanation within a reasonable time. Therefore, the petition was dismissed for procedural defect.

Petition for ReconsiderationVerifiedLabor Code section 5902Lucena v. Diablo Auto BodyWCJ's ReportDismissedFindings of Fact and AwardAdministrative Law JudgeDefectCure defect
References
1
Case No. ADJ1901636 (OXN 0142554)
Regular
Aug 09, 2018

STEWART BERNSTEIN vs. CAST & CREW ENTERTAINMENT

This Workers' Compensation Appeals Board decision dismisses a Petition for Reconsideration because it was unverified, which violates Labor Code section 5902. The petitioner was notified of this defect but failed to cure it by filing a verification or providing a compelling explanation within a reasonable time. Therefore, the Board is dismissing the petition. Had it not been for the procedural defect, the petition would have been denied on its merits.

Workers' Compensation Appeals BoardPetition for ReconsiderationUnverified PetitionLabor Code Section 5902Verification RequirementLucena v. Diablo Auto BodyAdministrative Law JudgeDismissalCuring DefectCompelling Reason
References
1
Case No. ADJ8686864
Regular
Dec 23, 2015

JOSE MOLLINEDO vs. STARLINE TOURS OF HOLLYWOOD, CYPRESS INSURANCE COMPANY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES, SPARTA INSURANCE, AMERICAN CLAIMS

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Reconsideration because it was unverified. Labor Code section 5902 mandates verification, and precedent allows dismissal for unverified petitions that are not cured or adequately explained after notice. The applicant failed to cure the defect or provide a compelling reason for its absence within a reasonable time. Therefore, the Board dismissed the petition.

Petition for ReconsiderationVerification defectLabor Code section 5902Cal. Code Regs.tit. 8§ 10450(e)Lucena v. Diablo Auto BodyDismissalWCJ reportLien claimant
References
1
Case No. ADJ10652454
Regular
Apr 17, 2018

GARY STRICKLAND vs. CAMINO UNION ELEMENTARY, SCHOOLS INSURANCE AUTHORITY

This case is dismissed because the Petition for Reconsideration was not verified as required by Labor Code section 5902. The petitioner was notified of this defect by the WCJ's report and failed to cure it within a reasonable time. Additionally, the petitioner did not comply with Appeals Board Rule 10778 regarding proof of service of notice of adverse interest to the applicant's attorney. These procedural defects mandate the dismissal of the petition.

Petition for ReconsiderationVerifiedLabor Code section 5902Cal. Code Regs.tit. 8§ 10450(e)Lucena v. Diablo Auto BodyUnverified PetitionNotice of DefectCure Defect
References
1
Case No. ADJ8415943, ADJ9337871, ADJ8415947
Regular
Aug 10, 2015

BAUDELIA JIMENEZ vs. RBB HEALTHCARE, INC., dba GLADSTONE CARE \& REHABILITATION, ALASKA NATIONAL INSURANCE CO.

The Workers' Compensation Appeals Board (WCAB) dismissed a lien claimant's petition for reconsideration. The petition was defective for multiple procedural reasons, including being unverified and failing to cite specific legal grounds or evidence from the record. The WCAB admonished the lien claimant's representative for her lack of familiarity with WCAB rules. As the lien claimant did not cure these defects after notification, the petition was dismissed.

Lien claimantPetition for ReconsiderationDismissalUnverified petitionWCAB RulesSkeletal petitionStatutory groundsRecord referencesPrinciples of lawAdministrative law judge
References
3
Case No. ADJ8606678
Regular
Jan 26, 2017

SEFERINO ADRIAN LORENZO BAUTISTA vs. LANSFORD ROOFING, INC., STATE COMPENSATION INSURANCE FUND

This case concerns a petition for reconsideration that was dismissed by the Workers' Compensation Appeals Board. The dismissal was based on the petition's failure to be verified, a mandatory requirement under Labor Code section 5902. Notice of this defect was provided by the workers' compensation administrative law judge. As the petitioner failed to cure the defect or provide a compelling explanation within a reasonable time, the petition was dismissed.

Petition for ReconsiderationUnverified PetitionDismissalLabor Code Section 5902Verification RequirementWCJ ReportNotice of DefectCure DefectCompelling ReasonRespondent Prejudice
References
1
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