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

Case No. MISSING
Regular Panel Decision

Stafford v. Sealright, Inc.

Plaintiff Tina Stafford sued Sealright, Inc., alleging gender-based discrimination under Title VII and New York Executive Law § 296 after experiencing sexually inappropriate remarks and resigning in 1998. Stafford filed a Charge of Discrimination with the EEOC and received an 'early' Right to Sue letter, allowing her to file suit before the 180-day administrative investigation period expired. Defendant moved to dismiss the complaint, arguing that the early Right to Sue letter was jurisdictionally defective and violated Title VII's mandatory waiting period for EEOC investigation and conciliation. The Court agreed with the defendant, holding that Title VII prohibits the issuance of a Right to Sue notice prior to the 180-day period, especially when no meaningful inquiry was conducted by the EEOC. Therefore, the Court granted the defendant's motion to dismiss Stafford's Title VII claim and remanded the action to the EEOC for further proceedings, declining supplemental jurisdiction over the state law claim.

Gender discriminationEEOCRight to Sue letterTitle VIIAdministrative exhaustionMotion to dismissFederal jurisdictionStatutory interpretationEmployment lawSexual harassment
References
30
Case No. ADJ991157
Regular
Mar 15, 2010

GLENDA STAFFORD vs. ARMORED TRANSPORT, ESIS SOUTHFIELD

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and reversed a prior decision finding the decedent's suicide compensable. The Board determined that the employer's investigation into missing funds, which led to the suicide, constituted a lawful, nondiscriminatory, good faith personnel action under Labor Code section 3208.3(h). Therefore, compensation for the suicide is barred, and the applicant is entitled to take nothing.

Workers' Compensation Appeals BoardSuicideIndustrial InjuryDeath BenefitDependentPersonnel ActionGood Faith InvestigationIrresistible ImpulseLabor Code Section 3208.3(h)Psychiatric Injury
References
5
Case No. ADJ991157 (GRO 0032393)
Regular
Jun 07, 2010

RANDY SHOOK (Deceased) GLENDA STAFFORD vs. ARMORED TRANSPORT, ESIS SOUTHFIELD

The Workers' Compensation Appeals Board denied a petition for reconsideration in the case of Randy Shook's suicide. Applicant argued the employer's investigation was conducted in bad faith, thus invalidating the "good faith personnel action" defense. However, the Board found the investigation met the objective reasonableness standard and was undertaken in subjective good faith. The Board distinguished this case from those involving criminal false imprisonment and affirmed its authority to reject a WCJ's findings when substantial evidence supports its own. Therefore, compensation remains barred under Labor Code section 3208.3(h).

Labor Code section 3208.3(h)good faith personnel actionindustrial suicidepsychiatric injurydeceit and coercionpreliminary investigationcriminal misconductsubjective good faithobjective reasonablenesscriminal false imprisonment
References
3
Case No. GRO 032393
Regular
Aug 10, 2007

RANDY SHOOK (DECEASED), GLENDA STAFFORD vs. ATI SYSTEMS; ESIS/ACE AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed Randy Shook's Petition for Reconsideration because it was not filed from a "final" order that determined substantive rights or liabilities. The Board also denied the petition for removal, finding no showing of substantial prejudice or irreparable harm. Therefore, the petition was dismissed and removal was denied.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationFINAL ORDERSUBSTANTIVE RIGHT OR LIABILITYINTERLOCUTORY PROCEDURAL DECISIONSEVIDENTIARY DECISIONSNON-FINAL INTERLOCUTORY ORDERSPETITION FOR REMOVALSUBSTANTIAL PREJUDICEIRREPARABLE HARM
References
10
Case No. STK 0209780 STK 0209781
Regular
Feb 08, 2008

TAMARA JEAN STAFFORD vs. LODI UNIFIED SCHOOL DISTRICT, ALTERNATIVE SERVICE CONCEPTS

The Workers' Compensation Appeals Board denied the Lodi Unified School District's petition for reconsideration, affirming the administrative law judge's award of pain medications and trigger-point injections to applicant Tamara Jean Stafford. The Board found the defendant's utilization review physician improperly applied ACOEM guidelines, which primarily address acute injuries, to the applicant's chronic condition. The Board clarified that while ACOEM guidelines are presumptively correct, variances are permissible when reasonably required to cure and relieve an employee's injury effects, as demonstrated by the applicant's treating physician's recommendations.

Workers' Compensation Appeals BoardLodi Unified School DistrictAlternative Service ConceptsTamara Jean StaffordPetition for ReconsiderationFindings and AwardMedical TreatmentPrimary Treating PhysicianACOEM GuidelinesUtilization Review
References
9
Case No. ADJ2805347 (LAO 0801370)
Regular
May 04, 2015

GLENDA HARRIS vs. LOS ANGELES UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board dismissed a Petition for Reconsideration because it was untimely filed. The petitioner argued that the administrative law judge lacked jurisdiction to deny penalties due to a prior compromise and release. However, the Board found that the petition was filed one day late according to strict statutory deadlines. Even though service occurred at an incorrect address, a correct service was also made, thus validating the timeliness requirement.

Workers' Compensation Appeals BoardPetition for ReconsiderationLabor Code Section 5814Labor Code Section 5814.5Compromise and ReleaseJurisdictionUntimely PetitionProof of ServiceWCJ Findings of Fact and OrdersLien Claimant
References
3
Case No. ADJ3213121 (LBO 0361407)
Regular
Aug 30, 2010

GLENDA M. BRUCE vs. COMPTON COMMUNITY COLLEGE, KEENAN & ASSOCIATES

The Appeals Board granted defendant's petition for removal, reversing a prior order that quashed the applicant's deposition. The applicant amended her claim to include hair loss and a fall after her last deposition. The Board found good cause for an additional deposition, as the defendant did not have notice of these new claims prior to the previous depositions. Therefore, the applicant is required to submit to a fifth deposition specifically addressing the hair loss and fall allegations.

Petition for RemovalQuashed DepositionCompensable ConsequencesAmended ApplicationIndustrial InjuryHair LossFallPrior NoticeFifth DepositionRescinded Order
References
0
Case No. ADJ2534727 (OAK 0298436)
Regular
Apr 12, 2013

GLENDA HAMMONDS vs. OAKLAND UNIFIED SCHOOL DISTRICT, JT2 INTEGRATED RESOURCES

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration, rescinded the prior award, and returned the case for further proceedings. The WCAB found the record deficient, noting that exhibits necessary for a fair adjudication were not properly admitted into evidence. The WCAB clarified that apportionment should only consider the disability increase after a prior stipulation. A new decision from the WCJ is required after the record is properly completed.

ADJ2534727Permanent DisabilityReconsiderationApportionmentIndustrial InjuryBilateral KneesAgreed Medical ExaminerPetition to ReopenAdmitted EvidenceRecord Deficiencies
References
4
Case No. LAO 0785803
Regular
Nov 26, 2007

CARL BREWER, GLENDA BREWER vs. CAPITOL REPROGRAPHICS, CIGA for VILLANOVA INSURANCE COMPANY

The Workers' Compensation Appeals Board denied reconsideration, upholding a prior award of permanent disability and attorney fees. The Board found that the opinion of Dr. Bertoldi, which concluded the applicant's severe cognitive disorder was primarily industrial and related to the head injury, constituted substantial evidence. The Board also dismissed the defendant's appeal regarding attorney fees, finding they were not aggrieved by an award paid from the applicant's benefits.

Workers' Compensation Appeals BoardReconsiderationSubstantial EvidenceInjured WorkerGuardian ad LitemDefendantPetition for ReconsiderationWCJPermanent DisabilityAttorneys Fees
References
2
Case No. SJO 0231653
Regular
Sep 17, 2007

GLENDA WHITESIDE vs. INFORMATION REFERRAL SERVICES, ZENITH INSURANCE COMPANY, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, HIH INSURANCE

The Workers' Compensation Appeals Board granted CIGA's petition for reconsideration, rescinding the prior award. The Board found that the Qualified Medical Evaluator's opinion, relied upon by the Workers' Compensation Judge, did not constitute substantial medical evidence regarding permanent disability and apportionment. Consequently, the case is remanded to the trial level for further medical record development and proceedings.

Workers' Compensation Appeals BoardCIGAHIH InsuranceZenith InsurancePetition for ReconsiderationDate of InjuryModified WorkQualified Medical EvaluatorDr. HolmesPermanent Disability
References
1
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