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

Case No. ADJ7618189
Regular
Nov 26, 2012

RUBEN OROZCO vs. EXACT STAFF, INC.; TOWER/NSM INSUREX, Administered by YORK INSURANCE SERVICES GROUP

This case involves lien claimants Anderson Chiropractic and Santana Lopez seeking reconsideration of an order disallowing their liens. The Workers' Compensation Appeals Board granted reconsideration because a crucial exhibit, Exhibit 6, was incomplete in the record. Lien claimants are ordered to file a complete copy of Exhibit 6 within 10 days to allow the Board to properly review the case. This action is necessary for the Board to study the facts and applicable law concerning the disallowed liens.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien claimantsFindings and OrdersDisallowed liensExhibit 6Administrative law judgeWCJSupplemental pleadingSan Francisco
References
0
Case No. ADJ9648781
Regular
Oct 19, 2020

VERONICA HERNANDEZ vs. GRAIWER & KAPLAN, LLP, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration regarding a lien claimant's disallowed lien. The WCAB rescinded the prior order, finding that the initial dispute may not have been about the "amount of payment" but rather about whether an invoice was a duplicate. Consequently, the WCAB deferred the issue of the lien claimant's entitlement to further payment. The matter was returned to the trial level for further proceedings with admitted exhibits.

Workers' Compensation Appeals BoardReconsiderationLien ClaimantFindings and OrderSecond Bill ReviewDuplicate InvoiceLabor Code section 4603.6(a)Explanation of Review (EOR)Admitted EvidenceDeferred Issue
References
6
Case No. ADJ6698870
Regular
Jun 09, 2010

STELLE LEE vs. UNIVERSITY OF CALIFORNIA, DAVIS, (psi) by SEDGWICK CMS (tpa)

The Workers' Compensation Appeals Board denied reconsideration of an order finding that Stella Lee did not sustain an industrial injury. The Board adopted the reasoning of the administrative law judge, who found that the Agreed Medical Examiner's report constituted substantial evidence. The applicant's arguments that the AME was biased and that other medical opinions were ignored were insufficient to overturn this finding. Applicant's excluded exhibits were duplicative or did not meet evidentiary standards.

Workers' Compensation Appeals BoardReconsideration DeniedAgreed Medical ExaminerAMEIndustrial InjuryChemical ExposureDermatitisCausationExpert OpinionMedical Evidence
References
0
Case No. ADJ7352698
Regular
Mar 20, 2012

Jessica Sanchez vs. Nordstrom Rack

This case involves sanctions imposed on applicant's counsel, Russell L. Glauber and the Law Offices of Glauber and Berenson, for submitting a petition with an already existing exhibit. The Appeals Board found this action violated Rule 10842(c) and rejected the claim of clerical error as an excuse for the duplicative filing. Consequently, counsel was ordered to pay a $250.00 sanction for bad faith actions and tactics.

Workers' Compensation Appeals BoardRemovalSanctionsRussell L. GlauberLaw Offices of Glauber and BerensonLab. Code§ 5813Rule 10842(c)Clerical ErrorBad Faith
References
1
Case No. ADJ394613 (VNO 0530712) ADJ2266356 (VNO 0530710)
Regular
Apr 01, 2016

MARIA ESTRELLA vs. NATIONAL EXPRESS CORPORATION

The Workers' Compensation Appeals Board (WCAB) granted removal to a lien claimant after a judge excluded four exhibits. The WCAB found that two of the excluded exhibits, representing certifications and financial interest notifications, were sufficiently listed on the Pre-Trial Conference Statement. Therefore, the WCAB admitted these two exhibits into evidence, amending the judge's prior order. The remainder of the judge's order, excluding the other two exhibits, was affirmed.

Petition for RemovalLien ClaimantWorkers' Compensation Appeals BoardWCJExhibitsPrejudiceIrreparable HarmPre-Trial Conference StatementServiceNotification of Certification
References
1
Case No. ADJ1856849
Regular
Aug 21, 2014

ROGELIO MERLOS vs. AJ SLENDERS DAIRY, ZENITH INSURANCE COMPANY

This Workers' Compensation Appeals Board (WCAB) notice indicates they are reconsidering a prior ruling that excluded defendant's exhibits A through M as irrelevant. The WCAB believes these exhibits may be relevant to the issues presented at trial. Absent timely written objection demonstrating good cause, these exhibits will be admitted into evidence. This decision will inform the final determination on the defendant's petition for reconsideration.

Petition for ReconsiderationExhibits A through MWCJNotice of Intention to Admit EvidenceWorkers' Compensation Appeals BoardWorkers' Compensation Administrative Law JudgeGood CauseWritten ObjectionDemonstration of Good CauseService of Notice
References
0
Case No. ADJ8583264, ADJ8583294
Regular
Aug 01, 2019

MARICELA MACEDO vs. KINGSBURG APPLE PACKERS, INC., ZENITH INSURANCE

Here's a concise summary for a lawyer: The Workers' Compensation Appeals Board denied a lien claimant's petition to disqualify the judge. The claimant alleged bias based on the judge's statements regarding late-filed exhibits and a violation of due process for not admitting their trial exhibits. The Board found no evidence of an unqualified opinion or enmity sufficient for disqualification. Furthermore, the issue of exhibit admissibility was deemed premature as the judge had not yet made a decision.

Lien claimantDisqualificationWCJDue processTrial exhibitsPre-trial ordersEx parte communicationPetition for reconsiderationOrder vacating submissionLabor Code section 4622
References
0
Case No. ADJ9149274
Regular
Aug 09, 2018

JACQUELINE BOWLER vs. AC TRANSIT, YORK RISK SERVICES GROUP, INC.

This Workers' Compensation Appeals Board decision grants reconsideration to admit defense Exhibit A into evidence. The applicant argued the temporary disability rate was too low and that the WCJ failed to rule on Exhibit A's admissibility. The Board affirmed the WCJ's award of $700.00 per week for temporary disability, finding it consistent with the applicant's earnings at the time of injury, but overruled the objection to Exhibit A. The Board also ordered reimbursement to the EDD for benefits paid.

Petition for ReconsiderationFindings and AwardTemporary Total DisabilityTemporary Disability Indemnity RateLabor Code section 4661.5Average Weekly WageExhibit A admissibilityPetition for Attorney's FeesWCJ ReportDecision After Reconsideration
References
0
Case No. ADJ7159838 ADJ7550047
Regular
Jul 29, 2014

ALMA PELAYO vs. ASSOCIATED LIEN SERVICES

Applicant Alma Pelayo sought reconsideration of a prior decision that found no violation of Labor Code section 132(a) and ordered her to take nothing further. Pelayo argued the judge erred in this finding and in failing to rule on the admissibility of her Exhibit 15. The Appeals Board granted reconsideration solely to admit Pelayo's Exhibit 15 and defendant's Exhibits A1, A2, and A3. The Board otherwise affirmed the original decision, meaning Pelayo still takes nothing further.

Workers' Compensation Appeals BoardLabor Code section 132(a)Findings and OrderPetition for ReconsiderationWCJApplicant's Exhibit 15Defendant's Exhibits A1A2A3admissible evidence
References
0
Case No. ADJ2519091 (LAO 0824930) ADJ4160066 (LAO 0824931) ADJ188382 (LAO 0828971)
Regular
Aug 18, 1941

MARIA MARXUACH vs. WESTIN BONAVENTURE HOTEL, ZURICH NORTH AMERICAN INSURANCE

The Workers' Compensation Appeals Board denied reconsideration in this case, upholding the judge's decision. Discovery closed by operation of law on September 12, 2007, and the applicant's attorneys failed to demonstrate due diligence in listing crucial medical reports as exhibits prior to this closure. Despite numerous continuances and attempts to amend the exhibit list, discovery was never formally reopened. The Board adopted the judge's reasoning that the applicant did not establish why the exhibits could not have been presented with reasonable diligence before discovery closed.

Mandatory Settlement ConferencePre-trial conference statementdiscovery closureadministrative law judgePetition for Reconsiderationreopen discoverydue diligenceexhibition listWCJ reportWorkers' Compensation Appeals Board
References
0
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