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

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ4385559 (VNO 0415101) ADJ1435447 (VNO 0443013) ADJ838479 (VNO 0443014) ADJ847649 (VNO 0443015)
Regular
Jan 12, 2009

ERIK CORD vs. ALL PAYMENTS SERVICES, AIG CLAIM SERVICES, INC., 20TH CENTURY FOX, GALLAGHER BASSETT SERVICES, INC.

Reconsideration granted due to arbitrator's failure to submit reports and file to Appeals Board as per WCAB Rule 10866 (or old Rule 10867).

Workers' Compensation Appeals BoardReconsideration GrantedArbitrator's ReportFindings and AwardWCAB Rule 10866EAMSDecision After ReconsiderationPetition for ReconsiderationCase NumbersAll Payments Services
References
Case No. ADJ6680842
Regular
Jan 31, 2013

BRUNO VARGAS vs. SELECT BUILD INTEGRATED CONSTRUCTION SERVICES, GALLAGHER BASSETT

This case involves Applicant Bruno Vargas and Defendants Select Build Integrated Construction Services and Gallagher Bassett. The Workers' Compensation Appeals Board granted reconsideration of a previous WCJ decision. The Board rescinded that decision and returned the matter to the trial level for further proceedings and a new decision by the WCJ. This order is not a final decision on the merits of the case.

WCABReconsiderationRescindedFurther ProceedingsWCJ DecisionAdministrative Law JudgeApplicantDefendantsIntegrated Construction ServicesGallagher Bassett
References
Case No. ADJ7774238
Regular
Dec 05, 2013

MIRIAM PANTOJA vs. PAYLESS SHOE SOURCE, GALLAGHER BASSETT SERVICES, INC.

This case involves a Petition for Reconsideration filed by Payless Shoe Source, administered by Gallagher Bassett Services, Inc. The Workers' Compensation Appeals Board dismissed the petition because it was filed **untimely**. Specifically, the petition was filed more than 25 days after the original Findings were issued on September 13, 2013, exceeding the statutory 20-day filing deadline plus mailing extensions. Therefore, the Board found the petition procedurally deficient and dismissed it.

Petition for ReconsiderationuntimelydismissFindingsadministrative law judgeReport and RecommendationLabor Code section 5903Code of Civil Procedure section 1013mailingWorkers' Compensation Appeals Board
References
Case No. ADJ1409625 (LBO 0360295) ADJ1382588 (MON 0239533)
Regular
Apr 16, 2015

MELBOURNE BARDOWELL vs. GI TRUCKING COMPANY, GALLAGHER BASSETT SERVICES, ATHENS ADMINISTRATORS

The Workers' Compensation Appeals Board granted reconsideration to clarify the applicant's date of injury for cumulative trauma. The original award found industrial injury to the neck and low back for a trailer mechanic but did not address liability division between two third-party administrators, Athens Administrators and Gallagher Bassett Services. The Board deferred the issue of the period of injurious exposure to the Workers' Compensation Judge. The matter is returned to the WCJ for further proceedings and a new decision on this specific issue.

Petition for ReconsiderationDivision of LiabilityPeriod of Injurious ExposureLabor Code sections 54125500.5Cumulative TraumaDate of InjuryTrailer MechanicPermissibly Self-InsuredThird-Party Administrator
References
Case No. ADJ7765510
Regular
Sep 09, 2014

TERRY BAUMGARTNER vs. WASTE MANAGEMENT, ACE AMERICAN INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board denied reconsideration of a sanction order against Gallagher Bassett Services, Inc. The sanction was imposed for misidentifying the insurance carrier in settlement documents and failing to respond to court orders. Defense counsel also improperly identified the petitioner, leading the Board to remind counsel of proper party identification rules. The denial was based on the WCJ's report, which detailed the procedural history and reasons for the sanction.

Petition for ReconsiderationSanction OrderWorkers' Compensation Appeals BoardAdministrative Law JudgeGallagher Bassett ServicesInc.Ace American Insurance CompanyWCAB Rule 10550Proper Identification of PartiesStipulations with Request for Award
References
Case No. ADJ11391724, ADJ11391757
Regular
Oct 03, 2019

PABLO LOPEZ DURAN vs. SOUTH HILLS ACADEMY, CHURCH MUTUAL INSURANCE COMPANY, SECURITY NATIONAL INSURANCE COMPANY, AMTRUST NORTH AMERICA, CRESCENT HOTELS & RESORTS, LLC, CHUBB INSURANCE GROUP, GALLAGHER BASSETT SERVICES, INC.

This Workers' Compensation Appeals Board case involves applicant Pablo Lopez Duran and multiple defendants including South Hills Academy, Church Mutual Insurance Company, Security National Insurance Company, Crescent Hotels & Resorts, LLC, and Chubb Insurance Group. The Board granted a petition for reconsideration and affirmed a prior order regarding sanctions and costs. Specifically, Chubb Insurance Group, administered by Gallagher Bassett Services, Inc., was ordered to pay an additional $395 for attorneys' fees related to a petition for fees, less any credit for prior payments.

WORKERS' COMPENSATION APPEALS BOARDSOUTH HILLS ACADEMYCHURCH MUTUAL INSURANCE COMPANYSECURITY NATIONAL INSURANCE COMPANYAMTRUST NORTH AMERICACRESCENT HOTELS & RESORTSLLCCHUBB INSURANCE GROUPGALLAGHER BASSETT SERVICESINC.
References
Case No. ADJ478277 (LAO 0857795)
Regular
Jul 23, 2015

LUIS OSUNA vs. COLOR GRAPHICS, INC., GALLAGHER BASSETT SERVICES

Defendant Gallagher Bassett Services sought reconsideration of a Compromise and Release (C&R) approval, alleging an error in permanent disability advances due to oversight of attorney fees. The Board dismissed the petition as untimely because it was filed more than 20 days after the C&R was issued, and the defendant failed to provide proof of actual receipt after asserting defective service. Even if considered on its merits, the Board would have denied the petition, as the calculation error was a unilateral mistake by the defendant and not grounds for setting aside the C&R.

Workers Compensation Appeals BoardCompromise and ReleasePetition for ReconsiderationAdministrative Law JudgeUntimely PetitionDefective ServiceJurisdictionPermanent Disability AdvancesUnilateral MistakeService of Process
References
Case No. ADJ3497432 (VNO 0506196)
Regular
Mar 09, 2009

CHRISTOPHER DUVALL vs. USF REDDAWAY INC., GALLAGHER BASSETT SERVICES

This case involves a clerical error in a prior Workers' Compensation Appeals Board (WCAB) decision. The Board previously issued an Opinion and Order Dismissing Defendant's Petition for Reconsideration on March 9, 2009. However, page three of that decision incorrectly stated it was signed on March 7, 2009. The WCAB is now correcting this clerical error to reflect the actual signing and service date of March 9, 2009.

Workers' Compensation Appeals BoardUSF Reddaway Inc.Gallagher Bassett Servicesclerical errorOpinion and OrderPetition For Reconsiderationcorrecting datesigned and servedpage threeSan Francisco
References
Case No. ADJ10588461
Regular
Dec 21, 2018

MICHAEL BAISCH vs. BALFOUR BEATTY; GALLAGHER BASSETT

The Workers' Compensation Appeals Board (WCAB) dismissed the Petition for Reconsideration filed by Balfour Beatty and Gallagher Bassett. This dismissal was based on the applicant's attorney's failure to provide proof of service demonstrating compliance with Appeals Board Rule 10778. Rule 10778 requires an attorney seeking an increase in fees to notify the applicant of the adverse interest and the applicant's right to independent counsel. The WCAB accepted the applicant's attorney's request to file supplemental pleadings but ultimately found the petition grounds for dismissal due to this procedural deficiency.

Petition for ReconsiderationWorkers' Compensation Appeals BoardWCJ reportAppeals Board Rule 10848supplemental pleadingProof of ServiceAppeals Board Rule 10778attorney's feeadverse interestindependent counsel
References
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