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

Case No. ADJ9625941
Regular
Oct 15, 2015

DANIEL BORGSTROM vs. CALIFORNIA STATE UNIVERSITY CHANNEL ISLANDS, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board dismissed both the applicant's and defendant's petitions for reconsideration, as they were taken from non-final interlocutory orders concerning a discovery dispute over deposing the Chief of Police. The applicant's petition for removal was dismissed as moot because the WCJ rescinded the order denying the deposition, thereby allowing it. Finally, the defendant's petition for removal was denied, as they failed to demonstrate substantial prejudice or irreparable harm, and liberal discovery for the fair resolution of cases was favored.

WCABPetition for ReconsiderationPetition for RemovalOrder RescindingDepositionChief of PoliceDiscovery DisputeNon-final OrderInterlocutory OrderDue Process
References
10
Case No. ADJ9202952
Regular
Nov 05, 2018

MARIA LOPEZ vs. KELLERMEYER BERGENSON SERVICES, LLC, ZURICH AMERICAN INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC.

The WCAB dismissed the defendant's Petition for Reconsideration of an Order Vacating, finding the order was not a final decision. However, it granted the defendant's Petition for Removal of that same Order Vacating, deeming it untimely under WCAB Rule 10859. Consequently, the WCAB vacated the Order Vacating, restoring the original July 5, 2018 Findings of Fact. The WCAB also dismissed the lien claimant's Petition for Removal, affirming the July 5, 2018 Findings of Fact which held the lien claimant bound by prior causation findings.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalOrder VacatingFindings of FactAdministrative Law JudgeLien ClaimantSubstantial PrejudiceIrreparable HarmFinal Order
References
0
Case No. ADJ3597382 (ANA 0389556) ADJ1290407 (ANA 0389557) ADJ4056921 (ANA 0389558)
Regular
Dec 08, 2008

ALPHONZO STRONG vs. TWR ENTERPRISES, NATIONAL UNION FIRE, Administered by AIG DOMESTIC CLAIMS

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration and dismissed its petition for removal. The defendant sought to overturn an order approving a stipulation for retroactive temporary disability benefits, arguing a subsequent discovery of applicant's higher earnings justified a lower payment. The Board affirmed the WCJ's decision, finding no basis to overturn the stipulation given the applicant's injury date and ample time for the defendant to calculate earnings.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalStipulation of the partiesretroactive temporary disability benefitsmutual mistakeweekly earningsadmitted injurysupplemental medical reportsfinal order
References
2
Case No. ADJ7174342
Regular
Jul 29, 2010

ALVARO CARRILLO vs. CP MANUFACTURING, ZENITH INSURANCE

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration because it was sought from a non-final procedural order, not a final decision on substantive rights. The WCAB also denied the defendant's petition for removal, finding their objection to venue untimely. The defendant failed to file their venue objection within the 30-day window and did not provide the required sworn statement regarding receipt of notice. Therefore, venue remains in Los Angeles, though a future venue change for good cause is not precluded.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalOrder Denying Change of VenueFinal OrderProcedural OrderLabor Code section 5501.5(c)Appeals Board rule 10410Untimely ObjectionVenue
References
2
Case No. ADJ1818368 (VNO 0523027) ADJ3597904 (VNO 0529502)
Regular
Nov 14, 2011

EMILIA OLGUIN vs. ESIS DIVISION OF ACE/USA INSURANCE; Permissibly Self-Insured

The Workers' Compensation Appeals Board (WCAB) denied the defendant's petition for reconsideration and dismissed the applicant's petition. The defendant argued that the WCJ's order to pay the EDD lien would result in undue enrichment due to prior payments, but the WCAB adopted the WCJ's reasoning that the defendant was on notice of the EDD's lien and paid benefits at its own peril. The applicant's petition was dismissed as untimely. The WCAB denied the defendant's petition, finding no error in the original award ordering payment of the EDD lien.

Workers' Compensation Appeals BoardIndustrial InjuryCervical SpineElbowsCumulative TraumaPsychological SystemPermanent DisabilityApportionmentEDD LienPetition for Reconsideration
References
9
Case No. ADJ6991789
Regular
Oct 19, 2010

BONNIE MCCLINTIC vs. STATE OF CALIFORNIA, DEPARTMENT OF MOTOR VEHICLES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration regarding a finding that the applicant did not sustain an industrial injury. The applicant's own petition for reconsideration, arguing the evidence supported her claim of injury to her psyche, low back, neck, and jaw, was denied. The Board granted the applicant's request to file supplemental petitions in response to the proceedings. The defendant's initial petition was dismissed because they withdrew it.

Workers' Compensation Appeals BoardDepartment of Motor VehiclesState Compensation Insurance FundFindings of FactPetition for ReconsiderationSupplemental PetitionWCJ ReportApplicantDefendantIndustrial Injury
References
1
Case No. ADJ3344826
Regular
Nov 09, 2010

RONALD FRYER vs. CORNUCOPIA COMMUNITY MARKET, TRAVELERS INSURANCE

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration regarding an order to authorize medical treatment and pay bills, as well as dismissing the applicant's untimely petition for reconsideration. The defendant argued the WCJ erred in ordering reimbursement for bills not following Utilization Review, while the applicant claimed further wrongdoing and sought an award of benefits. The Board adopted the WCJ's report, denying the defendant's petition, and dismissed the applicant's petition as untimely.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderMedical Treatment AuthorizationPrimary Treating PhysicianMedical Provider NetworkGym MembershipIndustrial InjuryUtilization ReviewApplicant
References
2
Case No. ADJ3736897 (RIV 0044021)
Regular
Apr 07, 2014

TERESA BOLTON vs. PALM SPRINGS UNIFIED SCHOOL DISTRICT, KEENAN ASSOCIATES

The Appeals Board granted the lien claimant's petitions for removal, finding the defendant's petition for reconsideration untimely. The Board rescinded the WCJ's order vacating a prior minute order that required the defendant to pay $300 to the lien claimant. Consequently, the November 27, 2013 minute order, requiring the defendant to pay the costs, was reinstated. The defendant's petition for reconsideration was dismissed as untimely.

Petition for RemovalPetition for ReconsiderationUntimely FilingWCJ AuthorityMinute OrderLien ClaimantCosts AwardRescinded OrderReinstated OrderAppeals Board
References
6
Case No. ADJ9843293
Regular
Mar 16, 2017

MIRNA MEDINA vs. ROSE & SHORE COMPANY dba RITE-WAY MEAT PACKERS, INC., INSURANCE COMPANY OF THE WEST FROUP

The Appeals Board dismissed the Defendant's Petition for Reconsideration and denied their Petition for Removal. The Board found that removal is an extraordinary remedy and the Defendant failed to demonstrate substantial prejudice. Furthermore, the WCJ's order to take the matter off-calendar was not a final order, thus precluding reconsideration. The Board upheld the WCJ's procedural decision, allowing for arbitration of the coverage dispute.

WCABPetition for ReconsiderationPetition for RemovalOff-calendar orderArbitrationCoverage disputeExtraordinary remedySubstantial prejudiceIrreparable harmFinal order
References
6
Case No. SFO 0489072
Regular
Apr 28, 2008

Joseph Royse vs. Heartworks Studios, LLC, DC3-E, LLLP, Lexington Insurance Company

The Workers' Compensation Appeals Board denied the applicant's petition to remove the stay on proceedings against co-defendants Heartworks Studios and DC3-E, affirming the WCJ's decision. However, the Board granted Lexington Insurance Company's petition to remove the applicant's dismissal of Lexington and Esther Phelps, reversing that order and reinstating Lexington as a party due to its admitted liability and significant benefit payments. The Board also dismissed Lexington's petition for reconsideration as the dismissal order was not final.

Workers' Compensation Appeals BoardPetition for RemovalPetition for ReconsiderationPriority ConferenceStay of ProceedingsSuperior Court JurisdictionCivil ActionExclusive Remedy DefenseUninsured EmployersExpedited Hearing
References
1
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