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

Case No. ADJ7673518, ADJ7647749
Regular
Jan 23, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION / CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant sustained industrial injury to her neck. While the applicant testified to injuring her neck in a workplace incident and this was partially corroborated, the Board found insufficient evidence for other claimed injuries. The Board specifically disagreed with the administrative law judge's credibility assessment concerning the neck injury itself, relying on medical reports and testimony supporting the neck injury claim. The Board affirmed the denial of claims for all other alleged injuries, finding insufficient medical evidence to link them to the incident.

Petition for ReconsiderationFindings and OrderIndustrial InjuryNeck InjuryBack InjurySpine InjuryUpper ExtremitiesPsycheGastroesophageal SystemInternal System
References
Case No. ADJ6668361
Regular
Jul 09, 2012

DAVID CABRERA vs. MITCHELL GEIGER, CITY OF RIVERSIDE

Curtis W. Montgomery Chiropractic Corporation's Petition for Removal was dismissed because they failed to demonstrate prejudice from an order continuing a mandatory settlement conference. Montgomery also failed to serve the applicant and, critically, has not filed a lien in the case. Without a filed lien, the Workers' Compensation Appeals Board lacks jurisdiction over Montgomery's claim for reimbursement. Consequently, the petition is dismissed.

Petition for RemovalCurtis W. Montgomery Chiropractic CorporationLabor Code section 5402(c)reimbursement claimWorkers' Compensation Appeals BoardMandatory Settlement ConferenceWCAB Rule 10843WCAB Rule 10850lien filingjurisdiction
References
Case No. ADJ6610181
Regular
Jul 09, 2012

ROGER LUTHER vs. CITY OF RIVERSIDE

Curtis W. Montgomery Chiropractic Corporation filed a Petition for Removal challenging an order continuing a case to a mandatory settlement conference. The Appeals Board dismissed the petition because Montgomery failed to demonstrate prejudice, did not serve the applicant, and importantly, has not filed a lien to invoke the Board's jurisdiction over his reimbursement claim. Consequently, his petition for removal is dismissed, and sanctions are not addressed.

Petition for RemovalWorkers' Compensation Appeals BoardCurtis W. Montgomery Chiropractic CorporationLabor Code section 5402(c)mandatory settlement conferencereimbursement claimWCAB Rule 10843significant prejudiceirreparable harmWCAB Rule 10850
References
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. ADJ6487754
Regular
Jul 09, 2012

CHOMAS NEUMEYER vs. CITY OF RIVERSIDE

A chiropractic corporation filed a Petition for Removal, seeking to rescind an order continuing a workers' compensation case to a mandatory settlement conference. The corporation claimed entitlement to reimbursement for medical treatment provided under Labor Code section 5402(c) and requested a trial for its reimbursement claim. However, the Appeals Board dismissed the petition because the corporation failed to demonstrate prejudice or irreparable harm, did not serve the applicant, and had not filed a lien to invoke the Board's jurisdiction over its reimbursement claim. Consequently, the Board declined to address the defendant's request for sanctions.

Petition for RemovalDismissalCurtis W. Montgomery Chiropractic CorporationLabor Code Section 5402(c)Medical Treatment AuthorizationReimbursement ClaimWCAB Rule 10843WCAB Rule 10850SanctionsJurisdiction
References
Case No. ADJ8903041
Regular
Jul 01, 2014

MAGALI MANRIQUE DE ARCHA vs. MCDONALD'S/SANCHEZ FAMILY CORPORATION, CALIFORNIA RESTAURANT MUTUAL BENEFIT CORPORATION, AMERICAN CLAIMS MANAGEMENT

This order dismisses Magali Manrique de Archa's Petition for Removal in her workers' compensation case against McDonald's/Sanchez Family Corporation. The Workers' Compensation Appeals Board adopted and incorporated the administrative law judge's report, which recommended dismissal. The Board found no grounds to grant removal, thus dismissing the petition.

Petition for RemovalDismissalReconsiderationWorkers' Compensation Appeals BoardAdministrative Law Judge ReportSan Bernardino District OfficeSanchez Family CorporationCalifornia Restaurant Mutual Benefit CorporationAmerican Claims ManagementAlvandi Law Group
References
Case No. ADJ8493192, ADJ8386046
Regular
Feb 05, 2016

HECTOR CAMPOS vs. CELL-CRETE CORPORATION, OLD REPUBLIC GENERAL INSURANCE CORPORATION, GALLAGHER BASSETT SERVICES, INC., INFRASOURCE, OLD REPUBLIC INSURANCE COMPANY

This case involves applicant Hector Campos seeking reconsideration of a Findings and Award concerning cumulative injuries sustained while employed by Cell-Crete Corporation and Infrasource. The Workers' Compensation Judge (WCJ) found applicant sustained a curable injury at Cell-Crete but no injury at Infrasource. Applicant argued improper consolidation and need for further discovery, while Cell-Crete asserted a post-termination defense and challenged the WCJ's reliance on an Agreed Medical Evaluator's opinion. The Workers' Compensation Appeals Board (WCAB) reviewed the petitions and answers, ultimately adopting the WCJ's report and denying reconsideration, affirming the original Findings and Award.

Workers' Compensation Appeals BoardCell-Crete CorporationOld Republic General Insurance CorporationGallagher Bassett ServicesInc.InfrasourceOld Republic Insurance CompanyADJ8493192ADJ8386046Deputy Commissioner
References
Case No. ADJ2513573
Regular
Jun 02, 2010

SUSAN PORTER vs. SHERROD CHIROPRACTIC, INC., dba PLACER CHIROPRACTIC

The Workers' Compensation Appeals Board denied Susan Porter's petition for reconsideration of the arbitrator's decision. The Board adopted and incorporated the arbitrator's report as the basis for its denial. The specific reasons for the denial are contained within the arbitrator's report, which was not provided in this excerpt. Therefore, the original decision stands.

Workers' Compensation Appeals BoardReconsideration DeniedArbitrator's ReportApplicantDefendantSherrod ChiropracticPlacer ChiropracticADJ2513573SAC 0369934Petition for Reconsideration
References
Case No. ADJ10912079
Regular
Aug 21, 2018

BENEDICT LOZADA vs. UNITED TECHNOLOGIES CORPORATION, AIG

This case involves a dispute over the appropriate specialty for a Qualified Medical Evaluator (QME). The applicant requested a chiropractic QME, while the defendant argued it was inappropriate for a hand injury and sought a replacement panel. The WCJ initially found chiropractic to be appropriate, but the Appeals Board granted removal. The Board rescinded the WCJ's order and returned the matter to the trial level, emphasizing that the Medical Director must first rule on the specialty dispute, and any appeal of that decision can then proceed.

Petition for RemovalQualified Medical EvaluatorQME panel specialtychiropractichand injuryMedical Directoradministrative remediesreplacement panelsubstantial evidenceFindings Award and Order
References
Case No. ADJ11397770
Regular
Oct 14, 2019

ROSALINA SANDOVAL vs. W.S. BALKHI CORPORATION dba MCDONALDS, INSURANCE COMPANY OF THE WEST

This case involved an applicant's petition for reconsideration or removal related to a WCJ's Minute Order setting the case for trial. The Appeals Board dismissed the reconsideration petition because the order was an interlocutory procedural decision, not a final determination of substantive rights or liabilities. Furthermore, the removal petition was denied as the applicant failed to demonstrate substantial prejudice or irreparable harm, and reconsideration remains an adequate remedy.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFinal OrderSubstantive Right or LiabilityThreshold IssueInterlocutory Procedural OrderInterim Procedural OrderSubstantial PrejudiceIrreparable Harm
References
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