Updated Daily
Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.
The petition for reconsideration is denied for reasons stated in the WCJ's report.
The Workers' Compensation Appeals Board (WCAB) denied Warner Brothers Studios' petition for removal in the case of Jesus Hernandez. Removal is an extraordinary remedy granted only when substantial prejudice or irreparable harm will result from denial and reconsideration is inadequate. The WCAB found that Warner Brothers failed to demonstrate either of these conditions based on the WCJ's report. Therefore, the petition for removal was denied.
This case involves Genoveva Ayala's workers' compensation claims against Warner Brothers for multiple injuries. The Administrative Law Judge (WCJ) found some injuries to be established but excluded applicant's medical evidence regarding neurological and internal injuries due to alleged procedural violations. The Appeals Board granted reconsideration, finding that the applicant should have an opportunity to obtain admissible medical reports through the Qualified Medical Evaluator (QME) process, as defendants allegedly interfered with this process. Consequently, the issue of neurological and internal injuries is deferred for further evaluation.
This case involves Antonio Ayala's workers' compensation claim against Herrero Brothers and Arch Insurance Company. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to further review the case's facts and legal issues. After reviewing the record and adopting the findings of the administrative law judge, the WCAB has denied the petition for reconsideration. The WCAB gave great weight to the judge's credibility findings.
The Workers' Compensation Appeals Board (WCAB) granted reconsideration in this case. This decision was made in response to a petition filed by the defendant, U-Save Rockery and Farmers Insurance. The WCAB needs further time to thoroughly review the factual and legal issues presented to ensure a just and reasoned decision. All future filings related to the petition must be submitted directly to the WCAB Commissioners in San Francisco and not to any district office or via e-filing.
This case concerns Darlene Ferrona's entitlement to 24/7 home health care following a psyche and fibromyalgia injury. The defendant, Warner Brothers, sought reconsideration of an order granting these services, arguing that utilization review only authorized limited care and that new prescriptions were required per Labor Code section 4600(h). The Appeals Board denied reconsideration, affirming that the applicant's prior authorization of 24/7 home health care by treating physicians and subsequent stipulation established ongoing need. The Board clarified that while a prescription date is crucial for liability, a new prescription is not always necessary to continue approved, ongoing home health care if the applicant's condition has not changed, citing the precedent of *Patterson v. The Oaks Farm*.
This case involves Glenn Williams, who claimed industrial injuries to his back, neck, shoulders, and elbows while employed by Warner Brothers Entertainment, Inc. The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration. The Board adopted the findings of the Administrative Law Judge (WCJ), who found the applicant's testimony credible. The WCJ's decision was supported by the Agreed Medical Examiner, Dr. Angerman, who concluded the applicant sustained industrial injuries due to arduous employment.
This case involves a Petition for Reconsideration filed by an applicant against Wendy's Restaurant and Farmers Insurance Company. The Workers' Compensation Appeals Board reviewed the petition and the administrative law judge's report. The Board dismissed the petition for reconsideration because it failed to state valid grounds. Therefore, the petition is officially dismissed by order of the Board.
Defendant Farmers Rice Cooperative petitioned for reconsideration of a December 22, 2011 decision. The Workers' Compensation Appeals Board granted reconsideration based on an initial review and statutory time constraints. This action allows the Board sufficient opportunity to thoroughly study the factual and legal issues to issue a just decision. All future communications must be filed in writing with the Board's Commissioners' office.
German Renteria Pina, the applicant, sustained a specific injury while employed by Miguel Diaz dba Brother Landscape, an uninsured entity. Da Vinci Schools, a permissibly self-insured entity, was also named as a defendant. The Uninsured Employers Benefits Trust Fund (UEBTF) petitioned for reconsideration of a WCJ's finding that Pina was an employee of Diaz and not Da Vinci, arguing errors in employment burden of proof and insufficient evidence. The Workers' Compensation Appeals Board granted the petition, rescinded the prior Findings of Fact and Order, and returned the matter to the trial level for further proceedings. This decision was made because the record was deemed incomplete to adequately determine Diaz's independent contractor status or the applicability of licensing requirements.
Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.