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

Case No. ADJ3301952 (POM 0298904) ADJ6774915 ADJ7102389
Regular
Jul 10, 2012

DARLENE ROWE vs. HACIENDA LA PUENTE UNIFIED SCHOOL DISTRICT, INTERCARE INSURANCE

The Workers' Compensation Appeals Board denied Darlene Rowe's petition for reconsideration, upholding the WCJ's finding that she did not sustain industrial injury to her back, knee, or upper extremities. The Board found that Applicant's counsel misunderstood the burden of proof and the medical dispute resolution procedures. Specifically, the Board noted that Dr. Green's reports were the sole medical evidence, and even if insufficient, it meant Applicant failed to meet her burden. Furthermore, the Board clarified the proper procedures for initiating evaluations under Labor Code sections 4060 and 4062, placing the onus on Applicant's counsel to ensure necessary evaluations were conducted by the Agreed Medical Evaluator.

Workers' Compensation Appeals BoardDarlene RoweHacienda La Puente Unified School DistrictIntercare InsuranceOrder Denying Reconsiderationworkers' compensation administrative law judgeWCJGarza v. Workers' Comp. Appeals Bd.industrial injuryback
References
Case No. ADJ11206337
Regular
Aug 23, 2018

Stephen Rowe vs. Grand Pacific Resort Service, Zenith Insurance

Applicant Stephen Rowe sought reconsideration of an approved Compromise and Release, alleging fraud and misrepresentation by the defendants. The Workers' Compensation Appeals Board (WCAB) dismissed the petition for reconsideration. The WCAB found that Rowe's allegations of fraud, lacking supporting evidence or testimony, were premature for appellate review. Therefore, the case was returned to the trial level for the judge to treat the petition as a motion to set aside, allowing for a hearing and the presentation of evidence.

Stephen RoweGrand Pacific Resort ServiceZenith InsurancePetition for ReconsiderationOrder Approving Compromise and ReleaseWCJin pro percumulative traumaarm and wrist injuryfraud
References
Case No. ADJ3928236 (SBR 0324409) ADJ3514825 (SBR 0332012)
Regular
Sep 10, 2009

DARLENE HALL vs. AMERICAN AIRLINES, SPECIALTY RISK DALLAS

The Workers' Compensation Appeals Board granted reconsideration and amended a prior order, deferring the issue of insurance coverage for Darlene Hall's 1976 back injury to mandatory arbitration as required by Labor Code section 5275(a)(1). The Board rescinded the dismissal of CNA Insurance as a party defendant, pending the arbitration outcome. All other issues raised by the defendant were affirmed based on the Judge's prior findings.

Workers Compensation Appeals BoardJoint Findings and OrderReconsiderationSpecialty Risk ServicesAmerican AirlinesDarlene Hallflight attendantindustrial injuriesAgreed Medical ExaminerCNA Insurance
References
Case No. ADJ2263476 (VNO 0318779)
Regular
Apr 20, 2016

DARLENE FERRONA vs. WARNER BROTHERS, TIME WARNER ENTERTAINMENT CO; ZURICH LOS ANGELES

This case concerns Darlene Ferrona's entitlement to 24/7 home health care following a psyche and fibromyalgia injury. The defendant, Warner Brothers, sought reconsideration of an order granting these services, arguing that utilization review only authorized limited care and that new prescriptions were required per Labor Code section 4600(h). The Appeals Board denied reconsideration, affirming that the applicant's prior authorization of 24/7 home health care by treating physicians and subsequent stipulation established ongoing need. The Board clarified that while a prescription date is crucial for liability, a new prescription is not always necessary to continue approved, ongoing home health care if the applicant's condition has not changed, citing the precedent of *Patterson v. The Oaks Farm*.

Workers' Compensation Appeals BoardDarlene FerronaWarner BrothersZurich Los Angelesindustrial injurypsychefibromyalgiahome health careutilization reviewsubstantial medical evidence
References
Case No. ADJ1337559 (SAC 0357559)
Regular
Dec 02, 2009

DARLENE FIESTE-RENDON, DARLENE FIESTE vs. DEPARTMENT FO CORRECTIONS, STATE COMPENSATION INSURANCE FUND

Petition for Reconsideration of the decision issued on November 12, 2009, has been withdrawn by the petitioner. Therefore, it will be dismissed.

Petition for ReconsiderationWithdrawn PetitionDismissal OrderWorkers' Compensation Appeals BoardDarlene Fieste-RendonDepartment of CorrectionsState Compensation Insurance FundCCPOA Benefit Trust FundADJ1337559SAC 0357559
References
Case No. SAC 356762
Regular
Apr 15, 2008

DARLENE GANT vs. VERIZON WIRELESS

The Workers' Compensation Appeals Board affirmed the original Findings and Award, granting the applicant further medical treatment for an industrial injury to her left knee sustained on August 23, 2006. The Board upheld the judge's findings regarding the applicant's credibility and the industrial nature of the injury, despite the defendant's arguments that the applicant failed to meet her burden of proof and that the complaints stemmed from a prior injury. The decision emphasizes deference to the judge's credibility determinations.

WCABDarlene GantVerizon WirelessSedgwick Claims ManagementIndustrial InjuryLeft KneeFurther Medical TreatmentPetition for ReconsiderationBurden of ProofPreponderance of Evidence
References
Case No. FRE 214256
Regular
Aug 17, 2007

DARLENE MURILLO vs. COUNTY OF FRESNO

This case concerns whether the 1997 or 2005 Permanent Disability Rating Schedule applies to an applicant's foot injuries sustained while employed by the County of Fresno. The defendant sought reconsideration of the WCJ's decision to apply the 1997 Schedule, arguing a pre-2005 medical report did not establish permanent disability. The Appeals Board granted reconsideration, rescinded the prior award, and remanded the case for a new decision using the 2005 Schedule.

Workers' Compensation Appeals BoardCounty of FresnoDarlene MurilloFindings and AwardPermanent Disability1997 Schedule2005 ScheduleLabor Code section 4660(d)Qualified Medical EvaluatorMichael A. DiGiacomo
References
Case No. ADJ1199695 (SRO 0104082) MF
Regular
Dec 09, 2013

DARLENE CONKLIN vs. RUNAWAY TOURS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) rescinded the prior decision and returned the case for a new determination of permanent disability. While the WCAB agreed the applicant's industrial injury caused 100% permanent disability, they found the prior apportionment calculation was incorrect. The WCAB directed the trial judge to re-calculate the permanent disability using the 1997 Permanent Disability Rating Schedule and the Multiple Disabilities Table to properly address apportionment. The applicant will be reimbursed for the costs of her vocational expert.

WORKERS' COMPENSATION APPEALS BOARDDARLENE CONKLINRUNAWAY TOURSSTATE COMPENSATION INSURANCE FUNDOPINION AND DECISION AFTER RECONSIDERATIONPERMANENT DISABILITYAPPORTIONMENTVOCATIONAL EXPERTADMINISTRATIVE LAW JUDGEAGREED MEDICAL EXAMINER
References
Case No. ADJ2839869 (EUR 0036695)
Regular
Mar 03, 2009

Darlene Counts vs. Sam Kennedy, D.D.S., Zenith Insurance Company

The Workers' Compensation Appeals Board denied Zenith Insurance Company's petition for reconsideration. Zenith argued the WCJ exceeded jurisdiction by awarding benefits beyond the five-year limit without a petition to reopen and challenged medical treatment awards. The Board affirmed the WCJ's decision, finding the original stipulations focused only on medical treatment and did not preclude later determinations on other issues within the statutory timeframe. The WCJ correctly found applicant sustained an industrial injury and ordered appropriate medical treatment, including chronic pain specialist care.

WCABDarlene CountsSam Kennedy DDSZenith Insurance CompanyADJ2839869Supplemental Findings and Awardindustrial injuryright shoulderpsycheleft shoulder
References
Case No. ADJ1457992
Regular
Oct 07, 2014

DARLENE HELLER vs. LOWELL BAKER'S STRIPING SERVICE, CIGA, SEDGWICK CMS for FREMONT INDEMNITY INSURANCE

In *Heller v. Lowell Baker's Striping Service*, the Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration of a July 17, 2014 decision. The WCAB determined that further study of the factual and legal issues was necessary to ensure a just and reasoned decision. Consequently, all future communications regarding this case must be filed in writing with the Office of the Commissioners of the WCAB and not submitted to any district office or e-filed.

Workers' Compensation Appeals BoardPetition for ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionFurther ProceedingsOffice of the CommissionersElectronic Adjudication Management SystemADJ1457992Lowell Baker's Striping Service
References
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