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

Case No. VNO 416874
Regular
Oct 09, 2007

TUYET PAGONE vs. BANK OF AMERICA, ROYAL & SUN ALLIANCE INSURANCE

The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration of an order denying their request to depose a lien claimant's physician. However, they granted the petition as one for removal, finding a due process violation in the denial. The Board ordered the case taken off calendar pending the defendant's ability to depose the physician who billed over $100,000.

Workers' Compensation Appeals BoardRemovalPetition for ReconsiderationDue ProcessDepositionLien ClaimantInterlocutory OrderFinal OrderRebuttal WitnessSubstantive Right
References
8
Case No. ADJ6638615 ADJ6638655
Regular
Dec 31, 2010

JESUS MEZA GOMEZ vs. ADAMS POOL SOLUTIONS, SEABRIGHT INSURANCE COMPANY

The Appeals Board granted the applicant's petition for removal, finding that the WCJ erred in denying the request to depose the primary treating physician (PTP). The applicant argued that the PTP's recent change in impairment rating and opinion on future treatment necessitated this deposition. The Board concluded that denying the deposition would cause irreparable harm and that the applicant acted prudently by deposing the panel QME first. Consequently, the WCJ's order closing discovery was rescinded, the trial was taken off calendar, and the matter was returned for further proceedings.

Petition for RemovalPrimary Treating Physician (PTP)DepositionDue DiligenceGood CauseIrreparable HarmPanel Qualified Medical Evaluator (Panel QME)Mandatory Settlement Conference (MSC)Labor Code section 5310Sub-rosa surveillance
References
4
Case No. ADJ10512267
Regular
Aug 08, 2018

ANGEL DUENAS vs. HILTON LA JOLLA TORREY PINES, ACE AMERICAN INSURANCE COMPANY

The Appeals Board granted removal and amended a WCJ's discovery order, allowing further investigation into causation for applicant's shoulder injury. The WCJ's initial order to depose Dr. Murphy was problematic as he was not the agreed medical evaluator for this specific claim and there was a prior finding of no medical evidence for cumulative trauma. While the Board affirmed the need for additional discovery, it clarified that parties are not obligated to depose Dr. Murphy, and the defendant's defenses remain preserved. The defendant failed to demonstrate significant prejudice or irreparable harm from this amended order.

Petition for RemovalDiscovery OrderAgreed Medical Evaluator (AME)CausationPrejudiceIrreparable HarmReport and RecommendationFactual BackgroundStipulations with Request for AwardApplication for Adjudication of Claim
References
1
Case No. ADJ4363797
Regular
Jun 27, 2012

JOHN TRAN vs. TUNG KEE NOODLE, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for FREMONT COMPENSATION in liquidation

This case concerns whether the California Insurance Guarantee Association (CIGA) can depose Lee Caballero, a non-attorney representative for lien claimant Dan Ho, D.C., regarding his relationship with Dr. Ho. CIGA seeks to determine if the lien was assigned to Caballero, which would exclude it from CIGA's coverage. The Board rescinded the prior order denying the deposition and allowed CIGA to depose Caballero about his agreement with Dr. Ho, provided a written agreement is not produced. However, the deposition is limited to questions concerning the assignment of the lien, excluding confidential communications about the claim's merits.

CIGAlien claimantnon-attorney lay representativedepositionassignmentInsurance Code section 1063.1(c)(9)(B)confidentiality privilegeattorney-client privilegeattorney work product privilegecase of first impression
References
9
Case No. ADJ3515791 (RDG0130725)
Regular
Jan 21, 2009

DAVE ARGETSINGER vs. JIM AARTMAN, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The defendant's petition for removal is granted, rescinding the order of November 18, 2008, to allow the defendant to depose the QME before trial.

Removal petitionQualified Medical EvaluatorSupplemental reportDiscovery closureMandatory settlement conferenceDepositionDue processRescind orderReconsiderationPanel QME
References
0
Case No. VNO 0547642
Regular
Aug 26, 2008

ALAEDDIN SAFAEIPOUR vs. SIERRACIN/SYLMAR CORPORATION, FRANK GATES SERVICE COMPANY, AVIZENT

The Appeals Board granted defendant's petition for removal, rescinding the May 19, 2008 order that denied the defendant's request to depose Dr. Iacopi. The matter is returned to the trial level for further proceedings.

RemovalQualified Medical EvaluatorTreating PhysicianDepositionDiscoveryDue ProcessIndustrial InjuryPsychological ClaimCausationMedical Records
References
0
Case No. ADJ897091 (STK 0214371)
Regular
Nov 10, 2009

Humberto Garcia vs. Knight Incorporated

The Appeals Board grants the applicant's petition for removal, rescinding the WCJ's order that prevented the applicant from deposing employer witnesses on issues of discrimination under Labor Code section 132a. The Board finds the deposition is a reasonable method to determine the applicant's employment status.

Petition for removalLabor Code section 132aemployer discriminationtermination of employmentmedical benefits terminationdiscovery rightsdeposition of employer witnessWorkers' Compensation Appeals Boardadministrative law judgeirreparable harm
References
1
Case No. ADJ8336949
Regular
Aug 26, 2013

BRANDON MULLINS vs. COUNTY OF SACRAMENTO

The Workers' Compensation Appeals Board granted applicant's Petition for Removal because the judge's order closing discovery and denying the deposition of a Qualified Medical Examiner (PQME) would cause irreparable harm. The Board found the denial unjustified and that reconsideration would be an inadequate remedy. Removal was granted to allow applicant to depose the PQME, and the judge's order was rescinded.

Petition for RemovalLabor Code section 5310Panel Qualified Medical EvaluatorPQME depositionClosing DiscoveryIrreparable HarmWorkers' Compensation Appeals BoardWCJRemoval OrderRescinded Order
References
0
Case No. ADJ1209594
Regular
Nov 17, 2011

RICARDO MOTA vs. CAST ALUMINUM & BRASS CORPORATION, ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal. The petition sought to depose the applicant's spouse to gather information about his past drug abuse. The Board found that the marital privilege applies, preventing the deposition, as the applicant and his spouse are now married and have asserted this privilege. The Board adopted the Administrative Law Judge's report, which concluded that no exceptions to the marital privilege applied in this case.

Workers' Compensation Appeals BoardPetition for RemovalMarital PrivilegeDepositionEvidence CodeIndustrial InjuryDrug AbusePre-existing HistoryPsychiatric InjuryCognitive Dysfunction
References
0
Case No. ADJ7568577, ADJ7572059
Regular
Feb 05, 2013

CHARLES DIXON vs. MA FOLKES COMPANY, THE HARTFORD INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award. The Board found that the Agreed Medical Evaluator (AME) had not addressed the applicant's cumulative trauma injury claim. Consequently, the case was returned to the trial level for further development of the medical record concerning this specific issue. The WCJ will need to obtain supplemental reporting from or depose the AME regarding cumulative trauma causation.

Workers' Compensation Appeals BoardPetition for ReconsiderationJoint Findings and AwardApplicantDefendantWCJTemporary Disability BenefitsMedical TreatmentSpecific InjuryCumulative Trauma Injury
References
11
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