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

Case No. ADJ1925946 (VNO 0473346)
Regular
Feb 02, 2012

ELIZABETH GONIA vs. ROBIN, CARMACK & GONIA LLP, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board reversed an award for housekeeping services, finding the applicant failed to properly object to the utilization review denial for services requested after January 29, 2009. For services prior to that date, the Board found the applicant did not present sufficient medical evidence demonstrating the housekeeping was "medically necessary and reasonable" to treat her industrial injury. The applicant sustained multiple injuries in 1996, resulting in 100% permanent disability, and sought reimbursement for increased housekeeping due to her condition.

Workers' Compensation Appeals BoardElizabeth GoniaRobin Carmack & Gonia LLPState Compensation Insurance FundFindings and AwardReconsiderationPermanent DisabilityMedical TreatmentHousekeeping ServicesUtilization Review
References
Case No. ADJ10303237
Regular
Oct 26, 2016

MARLENE COLLINS vs. F.CORBY DALE AND ELIZABETH DALE

This case involves a Petition for Removal filed by Marlene Collins against F.Corby Dale and Elizabeth Dale. The Workers' Compensation Appeals Board has issued an order dismissing this petition. The dismissal is due to the petitioner having withdrawn their request for removal. Consequently, the Board has formally closed the matter of the petition.

Petition for RemovalDismissedWithdrawnWorkers' Compensation Appeals BoardMarlene CollinsF.Corby DaleElizabeth DaleADJ10303237Fresno District OfficeMarguerite Sweeney
References
Case No. ADJ1575513 (ANA 0339482) ADJ4199991 (ANA 0342546)
Regular
Jun 16, 2017

ELIZABETH ORTEGA vs. REMEDY TEMPORARY SERVICES, RELIANCE NATIONAL INSURANCE, In Liquidation, Adjusted By INTERCARE INSURANCE COMPANY, J.C. PENNEY, LIBERTY MUTUAL INSURANCE COMPANY

This case involves Applicant Elizabeth Ortega's workers' compensation claim against Remedy Temporary Services, Reliance National Insurance, J.C. Penney, and Liberty Mutual Insurance Company. The Workers' Compensation Appeals Board reviewed the petition for reconsideration filed by one of the parties. After careful consideration of the record and the report of the workers' compensation judge, the Board denied the petition.

Workers Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law Judgedenial of reconsiderationRemedy Temporary ServicesReliance National InsuranceIntercare Insurance CompanyJ.C. PenneyLiberty Mutual Insurance CompanyElizabeth Ortega
References
Case No. GRO 0030976
Regular
Jun 30, 2008

ELIZABETH ALVERNAZ vs. UNITED PARCEL SERVICE, LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board rescinded a previous award finding an applicant incurred an industrial injury to both upper extremities causing 20% permanent disability. This action was taken after the parties reached a settlement by compromise and release. The case is returned to the administrative law judge for further proceedings regarding the settlement.

Workers' Compensation Appeals BoardElizabeth AlvernaUnited Parcel ServiceLiberty Mutual Insurance CompanyGRO 0030976Opinion and Decision After ReconsiderationIndustrial InjuryUpper ExtremitiesCustomer Service ClerkPermanent Disability
References
Case No. ADJ7828356
Regular
Dec 27, 2018

ELIZABETH ZAVALA vs. EMPLOYMENT SOLUTIONS, TRISTAR RISK MANAGEMENT FOR CASTLEPOINT NATIONAL, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

This case involves lien claimant petitions for reconsideration of two WCJ orders. The first petition was dismissed as moot because the challenged Findings and Award was subsequently rescinded. The second petition was also dismissed because the Order Rescinding Findings and Award for Lien Claim is not a final order, and reconsideration is only permitted from final decisions. Therefore, both petitions for reconsideration were dismissed as they were procedurally improper.

Workers' Compensation Appeals BoardElizabeth ZavalaEmployment SolutionsTristar Risk ManagementCastlepoint NationalCalifornia Insurance Guarantee AssociationADJ7828356Petition for ReconsiderationFindings and AwardOrder Rescinding Findings and Award
References
Case No. ADJ7039184
Regular
Sep 16, 2014

Elizabeth Evans vs. AT & T INTERNET SERVICES

This case involves a Petition for Reconsideration filed by AT&T Internet Services in a workers' compensation claim brought by Elizabeth Evans. The petitioner, AT&T, has formally withdrawn its petition. Consequently, the Workers' Compensation Appeals Board has issued an order dismissing the petition for reconsideration.

Petition for ReconsiderationDismissalWithdrawnWorkers' Compensation Appeals BoardSelf-insuredClaims ManagementSan Francisco District OfficeADJ7039184Order DismissingApplicant
References
Case No. POM 0294611
Regular
Oct 12, 2007

ELIZABETH VILLANUEVA vs. BARRETT BUSINESS SERVICES

The Workers' Compensation Appeals Board denied Elizabeth Villanueva's Petition for Reconsideration, upholding the Administrative Law Judge's (ALJ) decision. The ALJ found Villanueva lacked credibility due to contradictory testimony regarding her claimed back injury and its reporting. The Board adopted the ALJ's reasoning, giving great weight to their credibility determination.

WCABPetition for ReconsiderationWCJ ReportGarza v. Workmen's Comp. Appeals Bd.Credibility FindingSkeletal PetitionTitle 8 CCR 10846Proof of ServiceCCR Rule 10850Impeachment
References
Case No. ADJ10482874
Regular
Jan 26, 2019

ELIZABETH LEWIS vs. BLUE APRON, INC, ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board (WCAB) granted applicant Elizabeth Lewis's Petition for Removal, rescinding an administrative law judge's order that set the case for trial and closed discovery. The WCAB found that applicant would suffer substantial prejudice and irreparable harm because her counsel, recently substituted, inadvertently failed to object to the Declaration of Readiness to Proceed. This failure, coupled with the apparent need for further discovery, justified the extraordinary remedy of removal, returning the matter to the judge for further proceedings.

Petition for RemovalDeclaration of Readiness to ProceedSubstitution of CounselInadvertent Failure to ObjectSubstantial PrejudiceIrreparable HarmMedical Record DevelopmentFurther DiscoveryOrder RescindedWorkers' Compensation Appeals Board
References
Case No. ADJ2441046 (SAL 0080759)
Regular
Jul 18, 2014

ELIZABETH GUTIERREZ vs. MERVYN'S ESTATE, CALIFORNIA SELF-INSURERS SECURITY FUND

The WCAB denied Mervyn's Estate's petition for removal, upholding the WCJ's decision allowing applicant Elizabeth Gutierrez to pursue her psychiatric claim. The WCJ found Gutierrez's testimony credible regarding her inability to attend two prior psychiatric evaluations due to lack of transportation reimbursement. While the WCAB denied removal as an extraordinary remedy, it reiterated that further missed appointments may result in the denial of her psychiatric claim.

Petition for Removalpsychiatric claimqualified medical evaluatormissed appointmentstransportation expensescredible testimonyextraordinary remedysubstantial prejudiceirreparable harmreconsideration
References
Case No. ADJ2 701373 (SFO 0461093)
Regular
Apr 28, 2016

ELIZABETH COCHRAN vs. SUBSEQUENT INJURIES FUND, WINSHIP PROPERTIES, STATE COMPENSATION INSURANCE FUND

The applicant, Elizabeth Cochran, sought reconsideration of a Workers' Compensation Appeals Board (WCAB) decision denying her claim for Subsequent Injuries Benefits Trust Fund (SIBTF) benefits commencing earlier than September 4, 2013. The WCAB denied reconsideration, adopting the findings of the administrative law judge. The applicant argued that permanent total disability payments should begin upon the cessation of temporary disability, citing *Brower v. David Jones Construction*. However, the WCAB distinguished this case by noting the applicant's injury predated a relevant statutory amendment and that she sought SIBTF benefits, not permanent disability benefits, making *Brower*'s analysis inapplicable.

Subsequent Injuries FundSIBTFcumulative traumapermanent total disabilitypermanent and stationary104-week capLabor Code 4656temporary total disabilityBrower v. David Jones Constructionstipulated award
References
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