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

Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ7836773
Regular
Jul 09, 2012

Francisco Flores vs. Superior Carpet Works, Inc., Preferred Employers

The Workers' Compensation Appeals Board granted reconsideration of a sanctions order against the Law Offices of John A. Mendoza. The Appeals Board is also notifying the law firm of its intention to impose additional sanctions. This is due to alleged misrepresentations of fact in the petition for reconsideration and violations of Appeals Board rules regarding attaching previously filed documents. The law firm is granted twenty days to show cause why these additional sanctions should not be imposed.

WORKERS' COMPENSATION APPEALS BOARDSANCTIONSRECONSIDERATIONDEPOSITION ATTORNEY FEESLABOR CODE SECTION 5710LABOR CODE SECTION 5813APPEALS BOARD RULESDUE PROCESSMISREPRESENTATIONSFAILURE TO RESPOND
References
Case No. ADJ7256933
Regular
Mar 07, 2014

BRITTANY MILLER vs. CIMMS, INC. dba BURGER KING

This case involves a Petition for Reconsideration filed by the applicant in a workers' compensation matter before the WCAB. The Board reviewed the petition and the administrative law judge's report, ultimately adopting the judge's recommendation. Consequently, the Board dismissed the Petition for Reconsideration. Defense counsel also received a admonishment for violating WCAB Rule 10842(c) by attaching excessive documents to their answer.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationReport and Recommendationadministrative law judgedismiss the petitionDefense counseladmonishedexcess documentsWCAB Rule 10842(c)Cal. Code Regs.
References
Case No. ADJ8577310
Regular
Sep 04, 2014

SHEMERA WILLIAMS vs. JP MORGAN CHASE AND COMPANY, LIBERTY MUTUAL INSURANCE COMPANY

This case involves a Petition for Reconsideration and Removal filed by a party in a workers' compensation claim. The Board dismissed the Petition for Reconsideration because it was not taken from a "final" order that determined substantive rights or liabilities. Removal was denied as the petitioner failed to demonstrate substantial prejudice or irreparable harm. The dismissal was also based on the petition not being served on all adverse parties, and the petitioner was admonished for attaching excess documents.

Petition for ReconsiderationDismissalDenial of RemovalFinal OrderSubstantive RightInterlocutory OrderProcedural DecisionEvidentiary DecisionLabor CodeWCAB Rules
References
Case No. ADJ6751296
Regular
May 16, 2012

RYAN MCDONALD vs. IRWIN INDUSTRIES

The Workers' Compensation Appeals Board denied reconsideration of a decision involving Ryan McDonald and Irwin Industries. The Board upheld sanctions against applicant's attorney for compounding errors and improperly attaching excess documents. The Board clarified that Serious and Willful Misconduct claims under Labor Code section 4553, and all other claims, must first be arbitrated under the Alternative Dispute Resolution process. Only after an arbitration decision can a petition for reconsideration be filed with the Appeals Board.

Workers' Compensation Appeals BoardIrwin IndustriesPermissibly Self-InsuredOpinion and Order Denying ReconsiderationWorkers' Compensation Administrative Law JudgeWCJPetition for ReconsiderationSanctionsApplicant's AttorneyCompounding Errors
References
Case No. ADJ1527853 (WCK 0005092)
Regular
Dec 05, 2013

JEFF MILLMAN vs. CONTRA COSTA COUNTY

The Workers' Compensation Appeals Board (WCAB) affirmed a prior ruling that it lacks jurisdiction over a contract dispute between Contra Costa County and its excess insurer, General Reinsurance Corporation (GRC). The dispute concerns whether GRC must reimburse the County for certain bill review expenses under their excess policy. The Board determined this is a contract issue between insurer and insured, not a workers' compensation insurance coverage dispute subject to mandatory arbitration under Labor Code section 5275. The parties may pursue remedies like declaratory relief in civil court.

Workers' Compensation Appeals BoardReconsiderationJurisdictionContract DisputeExcess InsuranceSelf-Insured EmployerInsurance CoverageArbitrationLabor CodeInsurance Code
References
Case No. ADJ793678 (OAK 0338326)
Regular
Sep 07, 2010

ARMENDO CASAS vs. LOS ANGELES CHEMICAL and EXCESS SPECIALTY INSURANCE, GAB ROBINS, BRENNTAG and EXCESS SPECIALTY INSURANCE, SPECIALTY RISK SERVICES

This case involves a petition for reconsideration by Excess Specialty Insurance regarding a workers' compensation award. The original award found the applicant sustained a cumulative trauma injury ending November 2, 2006, but deferred key issues like sleep disorder, permanent disability, and liens. The Board granted reconsideration, rescinded the original award, and returned the case for a new decision at the trial level. The Board believes piecemeal adjudication should be avoided and all issues should be decided concurrently after further development of the record.

Cumulative traumaThoracic spineLumbar spinePsycheSleep disorderGastrointestinal disorderSexual dysfunctionPermanent disabilityEmployment Development Department lienPetition for Increase in Compensation
References
Case No. ADJ192431 (SAC 0366013)
Regular
Jul 26, 2010

BRYAN ALBERTSON vs. KUEHNE & NAGEL, INC., TRAVELERS PROPERTY CASUALTY INSURANCE

This case involves a $1000 attorney's fee sanction imposed on Zurich American Insurance Company (Zurich) by a WCJ. Zurich sought reconsideration, arguing the sanction was unjustified and the WCJ acted in excess of powers. After a commissioners' conference and Zurich's subsequent payment of the sanction, the Board found the issue moot regarding payment. However, the Board affirmed the WCJ's original Order Imposing Sanctions, as the merits of the petition were previously rejected and the decision was final.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Imposing SanctionsAttorney's FeeZurich American Insurance CompanyWCJExcess of PowersMoot IssueFinal DecisionCommission Conference
References
Case No. ADJ1732179 (LBO 0394128)
Regular
Feb 15, 2011

LISA WLADKOWSKI vs. BALL METAL CONTAINER CORP.; DISCOVERY MANAGERS, administered by SPECIALITY RISK SERVICES

In this workers' compensation case, the Board dismissed the defendant's petition for reconsideration of an order that struck a Qualified Medical Evaluator's (QME) report due to an allegedly excessive deposition fee. However, the Board granted the defendant's alternative petition for removal. The Board found no legal basis to strike a QME's report solely because their deposition fee exceeds the presumptive statutory rate. Consequently, the original order striking the report was rescinded, and the matter was returned for further proceedings.

Workers' Compensation Appeals BoardPanel Qualified Medical EvaluatorPQMEdeposition testimonyexcessive feemedical legal fee schedulestriking medical reportpetition for reconsiderationpetition for removalevidentiary order
References
Case No. ADJ4569342 (ANA358543)
Regular
Jul 09, 2010

ROSALIA SANDOVAL vs. UNITED STAFFING ASSOCIATES, STATE COMPENSATION INSURANCE FUND

In this workers' compensation case, the Appeals Board granted reconsideration and reversed a prior order finding that lien claims for medical services by Dr. Akbarpour and Holt Chiropractic were reimbursable. The Board found that the Agreed Medical Examiner's report established the services were not medically reasonable or necessary for the applicant's industrial injury. Additionally, the claimed amounts were deemed excessive and unsubstantiated by the lien claimants. Therefore, the Board ordered that the lien claimants take nothing by way of their claims.

Workers' Compensation Appeals BoardPetition for ReconsiderationAgreed Medical ExaminerMedical Treatment ReasonablenessMedical Treatment NecessityLien ClaimantsDiagnostic TestingChiropractic ServicesExcessive FeesIndustrial Injury
References
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