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

Case No. ADJ1408452 (SFO 0441229) ADJ1613865 (SFO 0453060)
Regular

Deborah Blasco vs. Bank of the West, California Insurance Guarantee Association, Intercare Insurance Services

This case involves Deborah Blasco's workers' compensation claims against Bank of the West, with the California Insurance Guarantee Association involved. The Workers' Compensation Appeals Board (WCAB) considered a Petition for Reconsideration filed in the matter. After reviewing the record and the judge's report, the WCAB has denied this petition. Therefore, the original decision or order stands.

Workers' Compensation Appeals BoardPetition for ReconsiderationDenied ReconsiderationWorkers' Compensation Administrative Law JudgeWCJ ReportDeborah BlascoBank of the WestCalifornia Insurance Guarantee AssociationCIGAIntercare Insurance Services
References
Case No. ADJ 10100799
Regular
Apr 26, 2016

DEBORAH HARGRAVE vs. MOUNT DIABLO UNIFIED SCHOOL DISTRICT

This Workers' Compensation Appeals Board order dismisses Deborah Hargrave's Petition for Removal against Mount Diablo Unified School District. The petitioner withdrew their request for removal. Consequently, the Board has ordered the dismissal of the petition.

Petition for RemovalDismissedWithdrawnWorkers' Compensation Appeals BoardADJ 10100799Mount Diablo Unified School DistrictDeborah HargraveOrderFebruary 22016
References
Case No. ADJ8328065
Regular
Apr 25, 2014

DEBORAH McGUIRE vs. VENTURA COUNTY OFFICE OF EDUCATION; Permissibly Self-Insured, YORK RISK SERVICES

In *McGuire v. Ventura County Office of Education*, the defendant withdrew its petition for reconsideration after a tentative settlement agreement was reached. The Appeals Board granted reconsideration, rescinded the original WCJ decision, and returned the case to the trial level. This action allows for the approval of a compromise and release agreement. If the agreement is not approved, the original decision can be reissued for further reconsideration.

ADJ8328065VENTURA COUNTY OFFICE OF EDUCATIONYORK RISK SERVICESPetition for ReconsiderationFindings and Award and OrderCompromise and Release AgreementRESCINDEDtrial levelworkers' compensation administrative law judgeWCJ
References
Case No. ADJ4141364 (MON 0148578) ADJ1953565 (MON 0155282) ADJ773621 (MON 0199028)
Regular
Jun 01, 2009

Deborah Gross (Butler) vs. MCDONNELL DOUGLAS; CIGA through its servicing facility, CAMBRIDGE INTEGRATED SERVICES GROUP, for FREMONT for INDUSTRIAL INDEMNITY, in liquidation, The Boeing Company c/o AIG Claims Services

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, affirming the judge's findings on three industrial injuries to her neck, shoulder, and back. The Board dismissed "The Boeing Company's" petition for reconsideration because it was unverified and because Boeing was not currently a party aggrieved by an award. The applicant's arguments regarding simultaneous permanency, disability reduction, and the application of medical opinions were rejected. The Board adopted the judge's report and reasoning in its decision.

Workers' Compensation Appeals BoardMcDonnell DouglasCIGAFremont Industrial IndemnityDeborah GrossPetition for ReconsiderationFindings and AwardsPermanent DisabilityCumulative TraumaBenson v. WCAB
References
Case No. ADJ7941094
Regular
Nov 17, 2016

DAVID HIGGINS vs. CITY OF LOS ANGELES

This case concerns the distribution of accrued workers' compensation benefits for the deceased David Higgins. The applicant's daughter, Lisa Higgins, petitioned for reconsideration after the Workers' Compensation Appeals Board (WCAB) awarded benefits equally to her and another individual, Deborah Spirithawk, who was found to be David Higgins' natural daughter. The WCAB denied the petition, upholding the original findings that both women were legal heirs entitled to equal shares, primarily based on the deceased's deposition testimony. The WCAB also noted procedural violations in the petition, including the improper attachment of documents.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ credibility determinationsGarza v. Workmen's Comp. Appeals Bd.WCAB Rule 10842(c)Findings and AwardDavid HigginsCity of Los AngelesLisa HigginsDeborah Spirithawk
References
Case No. ADJ498505 (SFO 0420916) ADJ6979901
Regular
Feb 27, 2012

DEBORAH ROLLINS vs. COUNTY OF SOLANO

This case concerns applicant Deborah Rollins' petition to reconsider the denial of her request to set aside a Compromise and Release (C&R) agreement. The WCAB denied reconsideration, upholding the original decision that the C&R, including a broad general release of claims, was valid and could not be set aside. Applicant argued the general release was boilerplate, she was unaware of its scope, and she was incompetent due to her medical condition. The Board found the general release enforceable based on the applicant's signature and her attorney's testimony that it was explained. The Board also found insufficient evidence of incompetency or grounds for unilateral mistake to invalidate the agreement.

Compromise and ReleaseGeneral ReleaseSet Aside AgreementLabor Code section 5803IncompetencyUnilateral Mistake of FactBoilerplate LanguagePetition for ReconsiderationOrder Approving Compromise and ReleaseGood Cause
References
Case No. FRE 232878
Regular
Dec 26, 2007

DEBORAH FRENCH vs. CITY OF CORCORAN, AIMS

The Workers' Compensation Appeals Board denied Deborah French's petition for reconsideration, upholding the administrative law judge's decision. The applicant's claim of discriminatory reclassification following a workplace injury was found to be without merit, as the employer demonstrated business necessity and provided modified work. The board gave great weight to the judge's credibility findings, which indicated the applicant did not effectively challenge her reclassification or actively seek to return to her previous duties.

Workers' Compensation Appeals BoardLabor Code section 132(a)Petition for ReconsiderationWCJAOE/COEAgreed Medical ExaminerBusiness necessityPolice officerDispatcherModified work
References
Case No. ADJ7961830
Regular
Oct 18, 2011

DEBORAH PEREZ vs. CRC ROOFING AND CHARTIS

This case involves applicant Deborah Perez's petition to disqualify Workers' Compensation Judge George R. Ferris. Applicant's attorney alleged bias stemming from an incident on September 1, 2011, claiming the judge harbored enmity that would prejudice his clients. Judge Ferris reported that the incident would not influence his decisions, which would be based solely on evidence presented. The Appeals Board adopted the judge's report, found no reason to doubt his impartiality, and denied the petition for disqualification.

Petition for DisqualificationWCJAdministrative Law Judgeenmitybiasprejudicemandatory settlement conferencesReport and Recommendationapplicant's attorneyevidence
References
Case No. ADJ12896538
Regular
Sep 16, 2022

DEBORAH GROSS vs. THE BOEING COMPANY, SEDGWICK

Here's a concise summary for a lawyer: The Workers' Compensation Appeals Board (WCAB) denied Deborah Gross's Petition for Reconsideration, upholding the finding that her claim was barred by the statute of limitations. The WCJ found Gross failed to provide evidence or arguments demonstrating why the statute of limitations should not apply to her cumulative trauma claim filed over eight years after the alleged injury. Gross's submitted exhibits and cited case law were found to be either irrelevant, factually distinguishable, or unsupported by the record. The WCAB adopted the WCJ's report and incorporated it into their decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationDeniedStatute of LimitationsPro PerCumulative InjuryDate of InjuryAlleged InjuriesMedical TreatmentCase Law
References
Case No. ADJ1088185 (SAC 0369416)
Regular
May 25, 2012

DEBORAH COIL vs. CITY OF RANCHO CORDOVA

The Workers' Compensation Appeals Board (WCAB) dismissed Deborah Coil's petition for reconsideration because the WCJ's order was procedural, not a final determination of substantive rights. The WCAB reasoned that Coil's contentions about the PQME's familiarity with the AMA Guides were misplaced as those guides are not relevant to psychiatric impairment ratings. Therefore, the WCAB denied removal and dismissed the petition, allowing the PQME another opportunity to re-evaluate the applicant without her husband present. A concurring and dissenting opinion argued for removal, citing the PQME's repeated inability to produce substantial medical evidence.

Panel Qualified Medical EvaluatorPQMEPetition for ReconsiderationRemovalLabor Code Section 5900Labor Code Section 5310Final OrderSubstantial Medical EvidenceAMA GuidesAlmaraz/Guzman
References
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