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Case Law Database

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

Case No. MISSING

Regular Panel Decision

In re Robin G.

The OCFS filed a permanency hearing petition for Robin G., a juvenile delinquent, seeking a finding of reasonable efforts for her safe return home and approval of a permanency plan. Robin, placed with Graham-Windham, exhibited declining behavior, academic struggles, and mental health issues, leading to psychiatric hospitalization. Her mother's inconsistent willingness and temporary unavailability complicated reunification efforts. The court granted OCFS's petition to extend Robin's placement but denied the finding of reasonable efforts by OCFS and Graham-Windham, citing unmet educational and psychological needs, lack of parental engagement, and inadequate planning for transition, while approving the broader permanency plan.

Juvenile DelinquencyPermanency HearingFoster CareChild WelfareFamily Court ActOffice of Children and Family ServicesGraham-WindhamExtension of PlacementReasonable EffortsEducational Needs

References

Case No. ADJ7131007

Regular

Oct 18, 2010

PHILLIP SCHWARTZ (DEC'D.) vs. HALLIDAY MANAGEMENT, GAB ROBINS

The Workers' Compensation Appeals Board (WCAB) denied the Petition for Removal in the case of Phillip Schwartz (deceased) v. Halliday Management and GAB Robins. The WCAB adopted and incorporated the report of the workers' compensation administrative law judge (WCJ) as the basis for its decision. The order denying removal was filed on October 18, 2010.

Workers' Compensation Appeals BoardPetition for RemovalWorkers' Compensation Administrative Law JudgeADJ7131007Denying RemovalHalliday ManagementGab RobinsPhillip Schwartz (Dec'd)Order Denying RemovalDenial of Removal

References

Case No. ADJ3825592

Regular

Aug 23, 2010

ROGER NOH vs. BURGER KING, GAB ROBINS BURBANK

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration because the WCJ's order vacating a prior dismissal is not a final order. The Board also denied the defendant's Petition for Removal, finding no evidence of significant prejudice or irreparable harm. The Board noted that a technical issue with the EAMS system may have prevented the WCJ from seeing the applicant's objection to dismissal. Therefore, the matter was returned to the trial level for further proceedings.

Petition for ReconsiderationPetition for RemovalOrder Vacating Order of Dismissalfailure to prosecutegood causefinal ordersubstantive rights and liabilitiessignificant prejudiceirreparable harmextraordinary remedy

References

Case No. ADJ3277232 (GRO 0018561) ADJ2363528 (GRO 0019047)

Regular

Jun 15, 2009

MYRIAM PEREZ vs. JOSLYN SUNBANK CORPORATION, GAB ROBINS BURBANK

This case involves cross-petitions for reconsideration of a Workers' Compensation Appeals Board decision. The applicant sought penalties for alleged failure to provide proper pulmonary treatment and an increased attorney fee, while the defendant challenged the penalty awarded for unreasonable delay in reimbursing self-procured medical treatment. The Board denied both petitions, affirming the WCJ's findings that the MPN was not defective and that penalties for reimbursement delay were warranted. A dissenting commissioner argued for a higher attorney fee award, finding the time spent on both issues justified the requested amount.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardIndustrial InjuryPermanent DisabilityFurther Medical TreatmentRespiratory ConditionMedical Provider Network (MPN)Pulmonary Medicine SpecialistSelf-Procured Medical Treatment

References

Case No. ADJ1338407; (LBO 340803) ADJ4574334; (LBO 340804) ADJ3948688; (LBO 340805)

Regular

Oct 01, 2008

OSVALDO TRASVINA vs. DUTKO HARWOOD FLOORS, CALIFORNIA INDEMNITY, GAB ROBINS

The Workers' Compensation Appeals Board denied reconsideration, affirming the administrative law judge's disallowance of Farwest Diagnostics' $\$ 2,969.00$ lien claim. The Board found the lien was time-barred under Labor Code Section 4903.5 as it was filed significantly after the compromise and release approval and outside the statutory time limits. Furthermore, the lien claimant failed to prove they served their claim notice on the defendant insurer or employer in 2003 as required for tolling or application of Section 4904(a).

Workers' Compensation Appeals BoardLien ClaimReconsiderationLabor Code Section 4903.5Time BarredCompromise and ReleaseTollingNotice of ClaimMedical TreatmentMedical-Legal Services

References

Case No. ADJ3839297 (GOL 0100930)

Regular

Nov 02, 2009

Edith Barrett vs. PACIFIC GRADUATE INSTITUE-HUMAN RESOURCES, GAB ROBINS

The Appeals Board granted reconsideration, rescinded the prior decision, and returned the case to the trial level for further proceedings due to the applicant not being given an opportunity to further develop the record.

Workers' Compensation Appeals BoardSupplemental PetitionPetition for ReconsiderationPermanent Disability Rating ScheduleAMA GuidesDue ProcessDevelop the RecordAlmaraz IIBilateral WristsAdministrative Assistant

References

Case No. ADJ6859108

Regular

Jul 07, 2010

EDISON TABUYO vs. REFRIGERATOR MANUFACTURERS, INC., GAB ROBINS NORTH AMERICAN

This case concerns a petition for removal filed by the applicant's attorney, seeking to overturn an order denying their request to be relieved as counsel. The petition was dismissed because it was not served on the applicant, who is considered a necessary party in such proceedings. Failure to serve all parties, as required by WCAB Rule 10850, is grounds for dismissal. Therefore, the Appeals Board dismissed the petition for removal.

Petition for RemovalPetition to Be RelievedUnserved PetitionWCAB Rule 10850Proof of ServiceDismissed PetitionWorkers' Compensation Appeals BoardAdministrative Law JudgeApplicant's AttorneyParty to the Case

References

Case No. POM 0264727POM 0267166

Regular

Aug 19, 2008

CELIA MUNOZ vs. THE TOWN CLUB, CALIFORNIA INDEMNITY INSURANCE COMPANY/GAB ROBINS

Here's a summary of the provided case excerpts: In *Fiducia*, the Appeals Board granted reconsideration and found applicant sustained industrial injuries but had failed to attend medical exams and hearings, leading to dismissal for good cause. The Board vacated the prior dismissal and remanded for further development of the record, acknowledging that the applicant's failure to attend examinations and hearings warranted dismissal. However, due to lack of current medical evidence, the Board vacated the dismissal and returned the case to the trial level to allow applicant to attend examinations and hearings. In *Munoz*, the defendant sought reconsideration of an order vacating submission and returning the case to the trial calendar to further develop the evidentiary record concerning a lien claimant's charges. The Appeals Board dismissed the petition for reconsideration as it was not from a final order and denied the petition for removal, finding no showing of irreparable harm or significant prejudice. The Board emphasized that interlocutory orders to further develop evidence are not subject to reconsideration.

WCABindustrial injurypsycheTMJnasal traumateethblood pressuredismissalgood causetemporary disability

References

Case No. ADJ6891058

Regular

Jul 16, 2015

Robin Hill vs. California Department of Social Services

This order dismisses Robin Hill's Petition for Reconsideration in the workers' compensation case against the California Department of Social Services. The Workers' Compensation Appeals Board adopted and incorporated the reasoning of the Workers' Compensation Administrative Law Judge's report. Therefore, the petition is officially dismissed by the Board.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissal OrderWorkers' Compensation Administrative Law JudgeWCJ ReportCalifornia Department of Social ServicesYork Risk Services GroupADJ6891058Riverside District OfficeMarguerite Sweeney

References

Case No. OXN 128545

Regular

Feb 19, 2008

DONALD GEORGE vs. KAISER AIR CONDITIONING AND SHEET METAL, GAB ROBINS NORTH AMERICA

The Workers' Compensation Appeals Board granted reconsideration and rescinded an order dismissing a lien claim of $23,773.12. Although the lien claimant's attorney's absence from trial due to a planned vacation was unjustified, the Board found that dismissal of the entire lien was not the proper remedy. The matter is returned to the trial level for further proceedings to decide the lien claim on its merits.

Lien DismissalReconsiderationWCJ OrderCompromise and ReleaseFacility FeesEpidural InjectionsPetition for ReconsiderationNotice of Intention to DismissGood CauseNotice of Unavailability

References

Showing 1-10 of 67 results

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Updated Daily

Case Law Database

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

Case No. MISSING

Regular Panel Decision

In re Robin G.

Juvenile DelinquencyPermanency HearingFoster CareChild WelfareFamily Court ActOffice of Children and Family ServicesGraham-WindhamExtension of PlacementReasonable EffortsEducational Needs

References

Case No. ADJ7131007

Regular

Oct 18, 2010

PHILLIP SCHWARTZ (DEC'D.) vs. HALLIDAY MANAGEMENT, GAB ROBINS

References

Case No. ADJ3825592

Regular

Aug 23, 2010

ROGER NOH vs. BURGER KING, GAB ROBINS BURBANK

References

Case No. ADJ3277232 (GRO 0018561) ADJ2363528 (GRO 0019047)

Regular

Jun 15, 2009

MYRIAM PEREZ vs. JOSLYN SUNBANK CORPORATION, GAB ROBINS BURBANK

References

Case No. ADJ1338407; (LBO 340803) ADJ4574334; (LBO 340804) ADJ3948688; (LBO 340805)

Regular

Oct 01, 2008

OSVALDO TRASVINA vs. DUTKO HARWOOD FLOORS, CALIFORNIA INDEMNITY, GAB ROBINS

Workers' Compensation Appeals BoardLien ClaimReconsiderationLabor Code Section 4903.5Time BarredCompromise and ReleaseTollingNotice of ClaimMedical TreatmentMedical-Legal Services

References

Case No. ADJ3839297 (GOL 0100930)

Regular

Nov 02, 2009

Edith Barrett vs. PACIFIC GRADUATE INSTITUE-HUMAN RESOURCES, GAB ROBINS

References

Case No. ADJ6859108

Regular

Jul 07, 2010

EDISON TABUYO vs. REFRIGERATOR MANUFACTURERS, INC., GAB ROBINS NORTH AMERICAN

References

Case No. POM 0264727POM 0267166

Regular

Aug 19, 2008

CELIA MUNOZ vs. THE TOWN CLUB, CALIFORNIA INDEMNITY INSURANCE COMPANY/GAB ROBINS

WCABindustrial injurypsycheTMJnasal traumateethblood pressuredismissalgood causetemporary disability

References

Case No. ADJ6891058

Regular

Jul 16, 2015

Robin Hill vs. California Department of Social Services

References

Case No. OXN 128545

Regular

Feb 19, 2008

DONALD GEORGE vs. KAISER AIR CONDITIONING AND SHEET METAL, GAB ROBINS NORTH AMERICA

Lien DismissalReconsiderationWCJ OrderCompromise and ReleaseFacility FeesEpidural InjectionsPetition for ReconsiderationNotice of Intention to DismissGood CauseNotice of Unavailability

References

Showing 1-10 of 67 results

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