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

Case No. ADJ4628645
Regular
Dec 08, 2014

STEPHINO BROWN vs. FIRST TRANSIT/FIRST GROUP; BROADSPIRE, SEDGWICK, GALLAGHER BASSETT SERVICES

The applicant, Stephino Brown, filed a second petition to disqualify the presiding judge, alleging denial of due process and bias. However, the Workers' Compensation Appeals Board (WCAB) dismissed the petition as untimely. California WCAB Rule 10452 requires disqualification petitions to be filed within 10 days of service of the notice of hearing. Since the applicant filed his petition over a month after the notice of hearing was served, it was untimely and therefore dismissed.

DisqualificationPresiding JudgeDue ProcessBiasUntimely PetitionWCAB Rule 10452Notice of HearingMandatory Settlement ConferenceWorkers' Compensation Administrative Law JudgeSelf-Represented Applicant
References
Case No. ADJ1909228
Regular
Oct 18, 2010

ALONZO MALONE vs. FIRST TRANSIT, INC., NATIONAL UNION FIRE INSURANCE

In this workers' compensation case, the defendant seeks reconsideration of a previous award granting further medical treatment for an admitted left knee injury. The defendant argues the Administrative Law Judge (ALJ) erred by not relying on the Agreed Medical Examiner's (AME) opinion and instead favoring the treating physician's recommendation. The Workers' Compensation Appeals Board (WCAB) granted reconsideration. The WCAB rescinded the prior award and remanded the case back to the trial level for further development of the record and a new decision by the ALJ.

WCABAlonzo MaloneFirst TransitInc.National Union Fire InsuranceFindings and Awardbus driverindustrial injuryleft kneefurther medical treatment
References
Case No. ADJ9537056
Regular
Mar 23, 2015

ROCIO CHAYRA vs. FIRST TRANSIT AMERICA, NEW HAMPSHIRE INSURANCE COMPANY, SEDGWICK CMS

This case involves an appeal by the defendant regarding a workers' compensation award for an applicant injured as a bus driver. The applicant was awarded temporary disability benefits and a 25% penalty for the defendant's unreasonable delay in payment after a Panel Qualified Medical Evaluator's report indicated disability. The Workers' Compensation Appeals Board granted reconsideration to clarify the penalty period, confirming the delay from December 9, 2013, to July 14, 2014, and affirming the defendant's liability for the penalty on that period, less any EDD lien. The Board found the defendant failed to commence benefits or act as required by Labor Code Section 4063 after receiving the PQME's report, justifying the penalty.

Workers' Compensation Appeals BoardROCIO CHAYRAFIRST TRANSIT AMERICANEW HAMPSHIRE INSURANCE COMPANYSEDGWICK CMSFindings and AwardPetition for ReconsiderationPanel Qualified Medical EvaluatorPQMETemporary Total Disability
References
Case No. SFO 0485029
Regular
Aug 10, 2007

MARIA CARDENAS vs. GALAXY DESSERTS, ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board affirmed a prior order denying the defendant's petition to terminate temporary disability indemnity. The Board held that the 104-week limitation under Labor Code section 4656(c)(1) begins from the date of the first temporary disability payment, not the date of injury or the first compensable period. This decision aligns with precedent establishing that the commencement date for the limitation is the actual date indemnity was first paid.

temporary disability indemnityPetition to Terminate LiabilityLabor Code section 4656(c)(1)104 compensable weeksfirst payment of temporary disability indemnityfirst date of compensable temporary total disabilityHawkins v. Amberwood Products
References
Case No. SAL 114162
Regular
Feb 16, 2007

ALFREDO REYES vs. CENTRAL COAST BUILDING SUPPLY, VIRGINIA SURETY COMPANY, APPLIED RISK SERVICES

The Workers' Compensation Appeals Board granted reconsideration of a lower ruling that extended temporary disability benefits beyond the 104-week limit based on the first payment date rather than the first payable date. This appeal stems from applicant Alfredo Reyes's shoulder injury. The Board requires further study of the factual and legal issues to issue a just decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardTemporary Disability BenefitsCompensable WeeksLabor Code Section 4656(c)(1)Date of First PaymentDate of First Paid BenefitsShoulder InjuryCentral Coast Building Supply
References
Case No. ADJ837893
Regular
Jun 04, 2009

GEORGE ALBERT JUAREZ vs. BAJA ROOFING, FIRST AMERICAN STAFFING, INTERTRIBAL STRATEGIC VENTURES EMPLOYEES OCCUPATIONAL INJURY AND INDEMNITY, FIRST INTERCARE, UNINSURED EMPLOYERS FUND

This case involves a worker injured while employed by First American Staffing (First), a tribal entity, and allegedly also by Baja Roofing (Baja) as a special employer. The Tribal Appeals Court has already asserted jurisdiction over First, and the WCAB acknowledges it lacks jurisdiction over tribal entities like First due to sovereign immunity. The WCAB rescinded the prior findings and returned the case to the trial level, requiring the applicant to first pursue remedies against First in tribal court before the WCAB will consider Baja's liability. This is to determine if First secured adequate workers' compensation coverage as per their contract with Baja, which would then potentially absolve Baja of responsibility.

Workers' Compensation Appeals BoardTribal sovereign immunityGeneral and special employmentJoint and several liabilityRes judicataCollateral estoppelThird-party administratorEmployee leasing companiesTribal Appeals CourtInsured status
References
Case No. ADJ9859155
Regular
Dec 03, 2016

WILLIAM LEE vs. AC TRANSIT

The Workers' Compensation Appeals Board granted a Petition for Removal concerning William Lee's case against AC Transit. The Board rescinded an Order Limiting Subpoena Duces Tecum issued on August 16, 2016. The matter has been returned to the trial level for further proceedings and a new decision by the workers' compensation administrative law judge.

Petition for RemovalOrder Limiting Subpoena Duces TecumRescindedTrial LevelFurther ProceedingsDecision After RemovalWorkers' Compensation Appeals BoardWCJAC TransitYork Risk Services
References
Case No. ADJ319279 (MON 0358792), ADJ3055294 (MON 0361854)
Regular
Apr 11, 2022

TROY WHITETO vs. LONG BEACH TRANSIT, TRISTAR RISK MANAGEMENT

The Workers' Compensation Appeals Board (WCAB) denied the applicant's petition for disqualification of Workers' Compensation Judge Elena B. Jackson. The petition was unverified and lacked specific allegations of bias against Judge Jackson, instead relying on the applicant's unsupported assertion of an "appearance of bias." The WCAB found no grounds for disqualification under Labor Code section 5311, reasoning that allowing disqualification based solely on criticism would enable any party to remove a judge without factual basis. Therefore, the petition was denied.

WCABPetition for DisqualificationWCJ Elena B. JacksonAppearance of BiasWCAB Rule 10844Labor Code Section 5311Independent Medical EvaluatorsReconsideration/RemovalUnverified PetitionMcDuffie v. Los Angeles County Metropolitan Transit Authority
References
Case No. ADJ9334766, ADJ319279 (MON 0358792), ADJ3055294 (MON 0361854)
Regular
Jul 17, 2015

TROY WHITETO vs. LONG BEACH TRANSIT

The Workers' Compensation Appeals Board (WCAB) dismissed Troy Whiteto's Petition for Reconsideration against Long Beach Transit. The dismissal was based on improper service, as the applicant failed to serve all adverse parties as required by Labor Code section 5905 and WCAB Rule 10510(b). Specifically, the applicant only served one of the defendant's attorneys and did not serve other relevant parties. Consequently, the WCAB found the petition procedurally deficient and ordered its dismissal.

Petition for ReconsiderationDismissalServiceAdverse PartiesAttorney of RecordWCJ ReportLabor Code section 5905WCAB Rule 10510(b)Represented PartyLong Beach Transit
References
Case No. ADJ1980864 (SDO 0296241)
Regular
Dec 16, 2013

KATHERINE TARTER vs. SAN DIEGO TRANSIT

Here's a concise summary for a lawyer: The Appeals Board denied the self-insured defendant's petition for reconsideration, affirming the WCJ's award of temporary total disability and a 25% penalty for unreasonable refusal to pay. The Board found the defendant waived the argument that a prior stipulated award barred the penalty claim, as this issue was raised for the first time on appeal. The defendant's contention that temporary disability should be based on post-injury earnings was also rejected. Finally, the Board will return the case for further proceedings concerning misrepresentations in the defendant's petition.

WCABPetition for ReconsiderationFindings Award and OrderTemporary Total DisabilityLabor Code section 5814Unreasonable RefusalPenaltiesLabor Code section 4650San Diego TransitPermissibly Self-Insured
References
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