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

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. ADJ9511618, ADJ10100794
Regular
Oct 22, 2018

TEODULFA LUIS vs. LABOR FINDERS INTERNATIONAL, ACE AMERICAN INSURANCE

This case involves a worker's compensation applicant who sought reconsideration of an administrative law judge's (WCJ) findings. The WCJ had determined the applicant sustained injury to specific body parts but found no permanent disability or need for further medical treatment, and also denied a separate injury claim. The applicant argued that the agreed medical examiner's (AME) reports lacked substantial evidence, that the findings on impairment and treatment were unsupported, and that certain exhibits were improperly excluded. The Workers' Compensation Appeals Board (WCAB) denied reconsideration, affirming the WCJ's reliance on the AME's opinions as substantial evidence and finding no error in excluding the late-submitted exhibits.

Workers' Compensation Appeals BoardPetition for ReconsiderationJoint Findings of Fact and OrderAgreed Medical Examiner (AME)Substantial EvidenceWhole Person Impairment (WPI)Injury Arising Out of and Occurring in the Course of Employment (AOE/COE)Permanent and Stationary StatusFurther Medical TreatmentMandatory Settlement Conference (MSC)
References
12
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. 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. ADJ7934540 ADJ7934544
Regular
Jan 13, 2020

JUAN LOPEZ vs. JOHN A. VAN LEEUWEN DAIRY, ZENITH INSURANCE COMPANY, IMPERIUM INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to lien claimants after a WCJ excluded their exhibits due to failure to submit exhibit lists with the Pretrial Conference Statement (PTCS). The WCAB found that lien claimants demonstrated good cause, citing excusable neglect by their representative and the constitutional mandate for substantial justice and due process. Therefore, the WCAB rescinded the WCJ's order and returned the matter for further proceedings, allowing lien claimants to amend the PTCS with their exhibit lists. This decision prioritizes a decision on the merits over procedural omissions in this case.

WCABPetition for ReconsiderationJoint Findings and Orderslien claimantsWCJPretrial Conference Statement (PTCS)excusable neglectFox v. Workers' Comp. Appeals Bd.substantial justicedue process
References
10
Case No. ADJ3496878 (SAL 0120601)
Regular
May 25, 2012

ABEL LARA ABEL LARA-VEGA vs. SATWINDER BATH, AVTAR SRA, STATE FARM

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration regarding an industrial injury to the applicant's low back, neck, thoracic spine, and right shoulder. The Board dismissed the applicant's petition because it failed to include proof of service on his attorney of record. The applicant's contention regarding the attorney fee was based on excluded exhibits which were properly excluded and did not constitute grounds for reconsideration even if properly served. The Board adopted the WCJ's report for its denial of the defendant's petition.

WCABFindings and Awardindustrial injurypermanent disabilityreconsiderationpetitionproof of serviceattorney feeapportionmentpro per
References
3
Case No. ADJ8944426, ADJ8942895
Regular
Dec 22, 2014

DAVID POSHOGLYAN vs. HOLLIDAY ROCK COMPANY, INC., INSURANCE COMPANY OF THE WEST, XL SPECIALTY INSURANCE COMPANY

This case involves two consolidated workers' compensation claims by David Poshoglyan against Holliday Rock Company, Inc., and its insurers. The Workers' Compensation Appeals Board denied petitions for reconsideration filed by both defendant insurers. The Board adopted the reasoning of the Workers' Compensation Judge, who found that Applicant's exhibits were properly admitted despite service objections. The WCJ also concluded that even if the exhibits were excluded, the defendants' own evidence supported findings of injury arising out of and in the course of employment.

AOE/COEPetition for ReconsiderationWCJ ReportApplicant ExhibitsDue ProcessHarmless ErrorExcusable NeglectStipulated Dates of InjuryDepositionsApportionment
References
2
Case No. ADJ9242952, ADJ9242953
Regular
Mar 08, 2018

KERRINA CRAGUN vs. VARGO PHYSICAL THERAPY, INC., TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

This case involves the applicant's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision that excluded several key exhibits. The WCAB granted reconsideration to re-examine the admissibility of evidence, specifically concerning Utilization Review (UR) and Independent Medical Review (IMR) determinations. The WCAB affirmed the original award but amended it to defer rulings on exhibit admissibility and the validity of the July 19, 2016 UR determination. The matter is returned to the WCJ for further proceedings on these deferred issues.

Workers Compensation Appeals BoardPetition for ReconsiderationJoint Findings Award OrdersWorkers Compensation Administrative Law JudgeUtilization ReviewIndependent Medical ReviewRequest for AuthorizationLabor Code Section 5814.5Stipulations With Request for AwardPenalties
References
5
Case No. ADJ8050301
Regular
Oct 24, 2016

LYDIA BARELA vs. COUNTY OF FRESNO, RISICO CLAIMS

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision that dismissed a lien claimant's evidence and lien. The WCAB found the administrative law judge erred by excluding exhibits without adequate explanation, given the WCAB's informal evidentiary standards and ability to admit hearsay. The case is returned to the trial level for the judge to re-evaluate each exhibit's admissibility considering these relaxed rules of evidence. The WCAB also clarified that copy service fees for medical records are recoverable medical-legal expenses.

Lien claimantPetition for Reconsiderationinadmissible evidencehearsayfoundationLabor Code section 5708informal proceedingsauthenticationmedical-legal expensesLabor Code section 4622
References
5
Case No. ADJ282433 (LAO 0880367)
Regular
Jun 08, 2015

MICHAEL DUFFEY vs. CMH RECORDS, STATE FARM INSURANCE COMPANY

The Appeals Board granted reconsideration to admit previously excluded defendant exhibits, specifically the depositions and report of Drs. Miller and Saint Martin. Despite ruling the exhibits admissible, the Board affirmed the original finding that defendant failed to present substantial evidence to terminate applicant's continuing home health care. Dr. Miller's change of opinion was deemed unsubstantiated, and Dr. Saint Martin's opinion was deemed irrelevant to the specific terms of the prior stipulation. The Board emphasized that admitting the evidence ensures due process and reinforces the integrity of its decision.

Petition for ReconsiderationFindings and AwardHome Health CareSubstantial EvidenceAdmissible ExhibitsDepositionMedical ReportAgreed Medical EvaluatorPrimary Treating PhysicianDue Process
References
4
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