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

Case No. ADJ11369357, ADJ11369329
Regular
May 21, 2025

GLORIA DAVIS vs. KAISER FOUNDATION HOSPITAL, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

Gloria Davis, the applicant, sought reconsideration of Findings and Orders issued on February 7, 2025. The original orders found she sustained a lumbar spine injury but denied her Labor Code section 132a claim for discrimination. Davis contended that the F&O was a result of fraud and WCJ bias, specifically regarding her termination from Kaiser Foundation Hospital for alleged HIPAA violations. The Workers' Compensation Appeals Board reviewed the petition, the defendant's answer, and the WCJ's report. The Board denied reconsideration, upholding the WCJ's credibility determination and finding no evidence that Davis was discriminated against due to her industrial injuries.

WORKERS' COMPENSATION APPEALS BOARDGLORIA DAVISKAISER FOUNDATION HOSPITALSEDGWICK CLAIMS MANAGEMENT SERVICESINC.ADJ11369357ADJ11369329Oakland District OfficeOPINION AND ORDER DENYING PETITION FOR RECONSIDERATIONpatient care technician
References
Case No. ADJ10657949, ADJ10658047
Regular
Aug 26, 2019

LARRY DAVIS, JR. (Deceased), LYNDA DAVIS vs. PERRIS UNION HIGH SCHOOL DISTRICT, KEENAN & ASSOCIATES

The Workers' Compensation Appeals Board denied Lynda Davis's petition for reconsideration, affirming the finding that her deceased husband, Larry Davis Jr., did not sustain industrial injuries leading to his death. The Board found no industrial causation for death benefits, chest, shoulder, stress, or heart attack claims, despite the applicant's contention of error and request for a psychiatric QME panel. The Board agreed with the administrative law judge that the applicant failed to meet her burden of proving industrial causation by a preponderance of the evidence.

Workers' Compensation Appeals BoardADJ10657949ADJ10658047Lynda DavisLarry Davis Jr. (Deceased)Perris Union High School DistrictKeenan & AssociatesJoint Findings and OrderPetition for ReconsiderationWCJ
References
Case No. ADJ8201128
Regular
May 14, 2013

Barry Swartwood vs. UC DAVIS

This case concerns a lien claimant, ARS Legal, seeking payment for medical-legal copy costs incurred in the workers' compensation case of Barry Swartwood v. UC Davis. The Workers' Compensation Appeals Board (WCAB) denied ARS Legal's Petition for Reconsideration, upholding the Administrative Law Judge's (ALJ) finding. The WCAB determined that the costs were not reasonably or necessarily incurred, citing that ARS Legal obtained duplicate records after defendant Sedgwick had already objected to payment for such duplicative services. Furthermore, the records ARS Legal obtained were incomplete compared to those acquired by the defendant.

Workers' Compensation Appeals BoardBarry SwartwoodUC DavisSedgwickADJ8201128Order Denying ReconsiderationLabor Code section 4621(a)medical-legal copy costsStipulations with Request for Awardlien claimant
References
Case No. ADJ10239095
Regular
Apr 03, 2025

FRED DAVIS vs. SOUTHERN CALIFORNIA EDISON

Defendant, Southern California Edison, petitioned for reconsideration of the August 17, 2022 Findings of Fact, Award and Orders, which found applicant Fred Davis sustained a work-related low back, neck, and hypertension injury resulting in 76% permanent partial disability. The Workers' Compensation Appeals Board granted reconsideration. Subsequently, the parties filed a Compromise and Release. Therefore, the Appeals Board rescinded the August 17, 2022 decision and returned the matter to the WCJ for further proceedings to consider the Compromise and Release, without ruling on the merits of the reconsideration petition.

Workers' Compensation Appeals BoardReconsiderationFindings of FactAward and OrdersPermanent Partial DisabilityCompromise and ReleaseOpen Medical TreatmentRescinded DecisionReturned to Trial LevelAdministrative Law Judge
References
Case No. ADJ7605384
Regular
Jun 06, 2012

GLORIA COLCHANDO vs. WEST COAST COMPANIES, INC., PREFERRED EMPLOYERS

This case involves a petition for reconsideration filed by Gloria Colchando. The Workers' Compensation Appeals Board (WCAB) has dismissed her petition as untimely. The WCAB adopted and incorporated the reasons stated in the administrative law judge's report and recommendation, which found the petition to be outside the statutory deadline. Therefore, the petition for reconsideration is dismissed.

Petition for ReconsiderationDismissedUntimelyWorkers' Compensation Appeals BoardWCJAdministrative Law JudgeSanta Ana District OfficeGloria ColchandoWest Coast CompaniesPreferred Employers
References
Case No. ADJ2078638
Regular
Jun 07, 2010

Gloria Rivas vs. Posada Whittier/Berg Senior Services, Majestic Insurance Company

The applicant, Gloria Rivas, sought reconsideration of a prior Board decision that overturned a finding deferring determination on her psyche injury claim. The Board found the judge exceeded his authority by deferring the decision after the medical evidence presented was deemed not substantial. The applicant argued procedural errors related to trial scheduling, but the Board found the applicant stipulated to readiness for trial on the psyche injury issue, despite knowing her medical evidence was challenged as inadequate. Therefore, the Board denied reconsideration, reaffirming its decision to rule on the psyche injury claim based on the existing record.

Workers' Compensation Appeals BoardPetition for ReconsiderationOpinion and Order DenyingGloria RivasPosada WhittierMajestic Insurance CompanyADJ2078638LAO 0887310Opinion and Order Granting ReconsiderationDecision After Reconsideration
References
Case No. ADJ292306 (SJO 0140094) ADJ1470334 (SFO 0139424) ADJ7101503
Regular
Feb 10, 2011

DONALD DAVIS vs. ALMADEN MAZDA, TIG SPECIALTY INSURANCE COMPANY, RISK ENTERPRISE MANAGEMENT, LIMITED

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration in the case of Donald Davis. This denial was based on the WCJ's report, which the Board adopted. The defendant's counsel was admonished for violating WCAB Rule 10842 by inappropriately attaching previously admitted exhibits to the petition. Further violations of this rule may result in sanctions.

WORKERS' COMPENSATION APPEALS BOARDDENYING RECONSIDERATIONWCJ reportWCAB Rule 10842recycled exhibitsadmonishedLab. Code § 5813sanctionsALMADEN MAZDATIG SPECIALTY INSURANCE COMPANY
References
Case No. SAC 0284418
Regular
Apr 04, 2008

AARON CARTER vs. POLYMER TECHNOLOGIES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for SUPERIOR NATIONAL INSURANCE COMPANY

The Appeals Board granted reconsideration, finding that the California Insurance Guarantee Association (CIGA) is contractually obligated to pay U.C. Davis Medical Center's bill based on a prior compromise and release agreement. The Board rescinded the prior decision, ruling that CIGA's agreement to "hold harmless" the applicant from the UCD bill constituted a promise to pay it. The case was returned to the trial level for further proceedings to consider any defenses CIGA may have against the UCD bill.

Workers' Compensation Appeals BoardCIGAPolymer TechnologiesSuperior National Insurance CompanyU.C. Davis Medical CenterU.C. Davis Professional Medical Grouplien claimantscompromise and releasehold harmlesscollateral estoppel
References
Case No. ADJ1812869 (SAC 0356491)
Regular
Nov 10, 2010

DIVINA EMANO vs. UC DAVIS MEDICAL CENTER; Permissibly Self-Insured, Adjusted by SEDGWICK, CMS

This case involves applicant Divina Emano claiming a left carpal tunnel injury against UC Davis Medical Center. The Workers' Compensation Appeals Board granted reconsideration and amended the previous decision. Specifically, Finding of Fact No. 8 was modified to clarify that while no further treatment is needed for the left carpal tunnel injury, other industrial injuries will require reasonable and necessary medical treatment. The Board expressed surprise at the defendant's contention regarding the carpal tunnel injury, noting their prior stipulation and a relevant physician's report.

WORKERS' COMPENSATION APPEALS BOARDDIVINA EMANOUC DAVIS MEDICAL CENTERSEDGWICK CMSOPINION AND ORDERGRANTING RECONSIDERATIONDECISION AFTER RECONSIDERATIONleft carpal tunnel injuryindustrial injuriesWCJ report
References
Case No. ADJ2394898 (RIV 0078339)\nADJ7730521\nADJ8199966\nADJ9505380\nADJ7721890\nADJ7140352
Regular
Jan 14, 2016

DEMISE DAVIS vs. COUNTY OF RIVERSIDE, Permissibly SelfInsured

This case involves Demise Davis seeking reconsideration of a Workers' Compensation Appeals Board decision denying her claim for industrial psychiatric injury. The Board denied her petition, upholding the Workers' Compensation Judge's finding that actual employment events were not predominant causes of her alleged psychiatric injury. The judge found Davis's testimony not credible and noted that the employer's personnel actions were lawful and in good faith. The Board agreed with the judge's assessment of credibility, which is given great weight.

Workers' Compensation Appeals Boardindustrial injurypsychiatric injurypredominant causeLabor Code Section 3208.3credible witnesslawful personnel actionnondiscriminatorygood faithpetition for reconsideration
References
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