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

Case No. ADJ3040750 (SJO 0246172) ADJ2425570 (SJO 0246173)

Regular

2010-03-00

HAI DUONG vs. RGW CONSTRUCTION, STATE COMPENSATION INSURANCE FUND

This Workers' Compensation Appeals Board order denies reconsideration and dismisses removal in the case of Hai Duong versus RGW Construction and State Compensation Insurance Fund. The Board adopted the administrative law judge's report and recommendation, finding no grounds to overturn the prior decision. The Board also accepted the petitioner's late verification. Therefore, the petition for reconsideration is denied, and the removal is dismissed.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissing RemovalReport and RecommendationAdministrative Law JudgeDenying ReconsiderationLate VerificationState Compensation Insurance FundRGW ConstructionADJ3040750

References

Case No. ADJ7626627

Regular

Jul 08, 2014

ALEJANDRA GONZALEZ vs. THANG VI DUONG, INC., STATE FARM INSURANCE

The Workers' Compensation Appeals Board denied a Petition for Removal because the lien claimants failed to demonstrate substantial prejudice or irreparable harm. The petitioners did not adequately establish that the information they sought to protect qualified as a "trade secret" under California law, which is a prerequisite for invoking such a privilege. Therefore, removal was deemed an extraordinary remedy not warranted in this case. The Board adopted the reasoning of the administrative law judge's report recommending denial.

Petition for RemovalAppeals BoardWCJ ReportSubstantial PrejudiceIrreparable HarmReconsiderationTrade Secret PrivilegeUniform Trade Secrets ActPrima Facie ShowingProtective Order

References

Case No. ADJ1479326 (ANA 0411799) ADJ7233578

Regular

Oct 07, 2014

JONATHAN DUONG vs. AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA, HARTFORD INSURANCE COMPANY OF THE MIDWEST

The Workers' Compensation Appeals Board overturned a WCJ's decision to exclude sub rosa surveillance video. The Board found no legal basis for excluding the video obtained in a mobile home park parking lot and a grocery store, as the applicant lacked a reasonable expectation of privacy in those public areas. The Board determined that the defendant would suffer significant prejudice from the exclusion, justifying removal of the case. Therefore, the sub rosa video was ruled admissible and may be provided to medical evaluators.

Sub rosa videoremovalreconsiderationadmissibilityinvasion of privacyreasonable expectation of privacycivil liabilityworkers' compensation fraudmedical-legal evaluatorworkers' compensation appeals board

References

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HAI DUONG vs. RGW CONSTRUCTION, STATE COMPENSATION INSURANCE FUND

ALEJANDRA GONZALEZ vs. THANG VI DUONG, INC., STATE FARM INSURANCE

Petition for RemovalAppeals BoardWCJ ReportSubstantial PrejudiceIrreparable HarmReconsiderationTrade Secret PrivilegeUniform Trade Secrets ActPrima Facie ShowingProtective Order

JONATHAN DUONG vs. AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA, HARTFORD INSURANCE COMPANY OF THE MIDWEST