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Case Law Database

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

Case No. ADJ6721897
Regular
May 15, 2012

ERIC BOLDEN vs. UNITED AIRLINES

The Workers' Compensation Appeals Board granted reconsideration of the WCJ's decision in the case of Bolden v. United Airlines. The Board rescinded the WCJ's prior decision and returned the matter for further proceedings and a new decision. This action is not a final determination of the case's merits. Both parties retain their rights regarding future appeals.

Petition for ReconsiderationWCJ's ReportGrant ReconsiderationRescind DecisionFurther ProceedingsDecision After ReconsiderationTrial LevelWorkers' Compensation Appeals BoardEric BoldenUnited Airlines
References
Case No. ADJ6884562
Regular
Oct 04, 2010

ERIC KRUSE vs. CITY OF SAN RAFAEL, Permissibly Self-Insured

This case concerns whether a 15% reduction in permanent disability indemnity applies when an employer offers an injured employee regular work after their condition is permanent and stationary. The applicant, a parking enforcement officer, sustained a neck and elbow injury and was temporarily disabled before returning to his regular job. The employer offered regular work after the applicant's condition became permanent and stationary, but the applicant had already returned to his normal duties. The majority found that since there was no indication of permanent disability prior to the employer's offer, all permanent indemnity was payable after the offer, entitling the employer to the reduction. However, a dissenting commissioner argued that the offer lacked practical meaning as the applicant had already returned to work and that no weekly payments remained after the offer to be reduced.

Workers' Compensation Appeals BoardEric KruseCity of San Rafaelparking enforcement officerindustrial injuryneck injuryright elbow injurytemporary total disabilitypermanent and stationaryoffer of regular work
References
Case No. ADJ9914256
Regular
Nov 05, 2018

BASILIO RODRIGUEZ vs. MEXUS PRODUCE, THE HARTFORD

The Workers' Compensation Appeals Board granted reconsideration of a prior decision that stayed the lien of Reshealth Medical Group. The Board found that the employer failed to provide substantial evidence that Eric Schames, who is subject to a stay under Labor Code section 4615, controlled Reshealth Medical Group as an officer, director, or 10% shareholder. Information from the Secretary of State indicated different corporate structures and officers for Reshealth Medical and Reshealth Diagnostics, contradicting the employer's evidence. Consequently, the case is returned to the trial level for further proceedings.

Labor Code section 4615Reshealth Medical GroupEric SchamesDIR listEAMS notationcontrolled entityofficer or directorshareholdersubstantial evidencePetition for Reconsideration
References
Case No. ADJ8742173
Regular
Oct 01, 2018

JOSE MARDOQUEO PEREZ vs. FRIENDLY FRANCHISEES CORPORATION, dba CARL'S JR, UNITED STATES FIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board denied defendant Friendly Franchisees Corporation's petition for reconsideration of an administrative law judge's order. The defendant sought to stay a lien by Reshealth Medical Group under Labor Code section 4615, arguing Reshealth was controlled by Eric Schames, a criminally charged provider. However, the Board found the defendant failed to meet its burden of proof to establish Schames was an officer or director of Reshealth Medical Group, as opposed to Reshealth Diagnostics. Therefore, the lien was not subject to the section 4615 stay.

Labor Code section 4615Labor Code section 139.21Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and Orderlien stayAdministrative DirectorFranchise Tax Boardcorporate suspensionEric Schames
References
Case No. ADJ9904206
Regular
Nov 05, 2018

JULIO CORDOVA vs. COUNTY OF LOS ANGELES

This case involves a lien claimant, Reshealth Medical Group, appealing a Workers' Compensation Appeals Board (WCAB) decision that stayed its lien under Labor Code section 4615. The WCAB found insufficient evidence that Eric Schames, who was criminally charged, controlled Reshealth Medical Group as an officer, director, or 10% shareholder. Separately identified corporate records for Reshealth Medical and Reshealth Diagnostics, along with different listed officers, contradicted the defendant's claims. Therefore, the WCAB rescinded the prior findings and returned the case for further proceedings.

Labor Code 4615Labor Code 139.21Reshealth Medical GroupReshealth DiagnosticsEric Schamescriminal indictmentprovider statuslien claimantentity controlofficer or director
References
Case No. ADJ9309704
Regular
Oct 25, 2018

BRANDON WASHINGTON vs. LOS ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS

The Workers' Compensation Appeals Board granted Reshealth Medical Group's Petition for Reconsideration. The Board found that the defendant failed to meet its burden of proof that Eric Schames controlled Reshealth Medical Group, which is required to stay Reshealth Medical's lien under Labor Code Section 4615. Evidence presented showed Reshealth Medical and Reshealth Diagnostics are separate entities, and Dr. Zain Vally, not Mr. Schames, was identified as an officer of Reshealth Medical. Therefore, the WCJ's Findings and Award were rescinded, and the case was returned to the trial level for further proceedings.

Labor Code section 4615lien claimantPetition for ReconsiderationDIR listEAMS notationFranchise Tax BoardReshealth Medical GroupReshealth DiagnosticsEric Schamesofficer or director
References
Case No. ADJ9161156
Regular
Oct 01, 2018

GUADALUPE LARIOS vs. MING GUANG STONE AND CABINET, INC, THE HARTFORD

The Appeals Board granted reconsideration for both Mesa Pharmacy and Reshealth Medical Group, rescinding the prior order that stayed their liens under Labor Code section 4615. For Mesa, the case is returned for further proceedings due to its consolidation with over 12,000 other cases addressing common issues regarding Mesa's liens under section 4615. For Reshealth Medical, the Board found insufficient evidence that Eric Schames, a criminally charged individual, was an officer, director, or 10% shareholder of Reshealth Medical, thus failing the defendant's burden to establish control and a mandatory stay.

Labor Code section 4615WCABPetition for ReconsiderationOrder of ConsolidationMesa PharmacyReshealth Medical GroupEric SchamesDIR listEAMS notationFranchise Tax Board response
References
Case No. ADJ9507108
Regular
Sep 19, 2018

RICARDO GOMEZ vs. M&T SEAFOOD VILLAGE, INC., OHIO SECURITY INSURANCE COMPANY, LIBERTY MUTUAL INSURANCE

The Workers' Compensation Appeals Board (WCAB) granted Reshealth Medical Group's petition for reconsideration, rescinding the prior finding that its lien was stayed under Labor Code section 4615. The WCAB found insufficient substantial evidence that Eric Schames, who is subject to a stay, was an officer, director, or 10% shareholder of Reshealth Medical Group. Public filings from the Secretary of State contradicted the limited evidence presented by the defense regarding Schames' control over Reshealth Medical Group. The case was returned to the trial level for further proceedings to properly determine if the lien is subject to the stay.

Labor Code section 4615Petition for ReconsiderationLien claimantWCJEric SchamesDIR listEAMS notationFTB responseSecretary of Statecontrolled entity
References
Case No. ADJ1780566 (FRE 0246374) ADJ428063 (FRE 0246373) ADJ3588105 (FRE 0246375) ADJ2219910 (FRE 0247600)
Regular
Dec 01, 2014

ERIC GORDON vs. FRITO-LAY, INC.

This case involves applicant Eric Gordon's appeal of a denied Independent Medical Review (IMR) determination regarding prescribed medications. The Workers' Compensation Appeals Board (WCAB) denied his petition for reconsideration because the applicant failed to present clear and convincing evidence of specific statutory grounds for overturning the IMR decision. The WCAB also affirmed that it lacks jurisdiction to decide constitutional challenges to the IMR process itself. Consequently, the applicant's attempt to have the IMR decision overturned based on alleged excess of power or constitutional grounds was unsuccessful.

Workers' Compensation Appeals BoardIndependent Medical Review (IMR)Petition for ReconsiderationAdministrative Director's powersLabor Code section 4610.6(h)constitutional issuesArticle XIV Section 4cross-examinationmedically necessaryMaximus Federal Services
References
Case No. ADJ3762715 (BAK 0154426) ADJ616116 (BAK 0154350)
Regular
Mar 06, 2013

ERIC PETERSEN (Deceased) vs. COUNTY OF KERN

This case involves claims for workers' compensation benefits by Eric Petersen, a deceased volunteer firefighter, for injuries sustained in 2007 and 2008. The County of Kern was found to be the applicant's employer and failed to secure workers' compensation coverage, leading to the joinder of the Uninsured Employers Benefit Trust Fund. The Court of Appeal affirmed the denial of reconsideration by the Workers' Compensation Appeals Board and remanded the case. The Board now returns the matter to the trial level to address outstanding issues, including recently filed applications for death benefits by the applicant's significant other.

RemittiturVolunteer firefighterIndustrial injuriesCounty of KernSelf-insured programUninsured Employers Benefit Trust FundJoinderPetition for Writ of ReviewDeath BenefitsSignificant other
References
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