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

Case No. ADJ6562717, ADJ7394430
Regular
Oct 14, 2013

MYUNG FIRUS vs. HAWAIIAN GARDENS CASINO, TRAVELERS INDEMNITY COMPANY

This case involves Myung Firus as the applicant against Hawaiian Gardens Casino and Travelers Indemnity Company. The Workers' Compensation Appeals Board issued an order dismissing the petitioner's Petition for Reconsideration. This dismissal occurred because the petitioner voluntarily withdrew the petition they had filed. Therefore, the Board is not ruling on the merits of the original September 3, 2013 decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalHawaiian Gardens CasinoTravelers Indemnity CompanyADJ6562717ADJ7394430Long Beach District OfficeWithdrawn PetitionSeptember 3 2013 decision
References
Case No. ADJ7350346
Regular
Jan 05, 2012

TENNE PHAM vs. HAWAIIAN GARDEN CASINO, TRAVELERS INSURANCE COMPANY

This order denies Tenne Pham's Petition for Removal in a workers' compensation case against Hawaiian Garden Casino and Travelers Insurance Company. The Appeals Board adopted the findings of the Workers' Compensation Judge, denying the removal. Additionally, the Board ordered a correction of a clerical error in a previous order to remove one of the case numbers from the caption. Therefore, the Petition for Removal is denied, and the prior order is amended.

Petition for RemovalWorkers' Compensation Appeals BoardWorkers' Compensation Administrative Law JudgeClerical ErrorDenying RemovalCorrecting Clerical ErrorStrike Case NumberOrder Denying RemovalADJ3545303ADJ7350346
References
Case No. ADJ9675888
Regular
Mar 03, 2016

XIAO WEN LU vs. HAWAIIAN GARDENS CASINO, INSURANCE COMPANY OF THE WEST

The Workers' Compensation Appeals Board (WCAB) denied Xiao Wen Lu's Petition for Reconsideration in this case against Hawaiian Gardens Casino and its insurer. The WCAB adopted and incorporated the Workers' Compensation Judge's (WCJ) report and reasoning. They gave significant weight to the WCJ's credibility determination, as the judge observed the witness's demeanor, and found no substantial evidence to overturn it. Consequently, the Petition for Reconsideration was denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ credibility determinationGarza v. Workmen's Comp. Appeals Bd.ADJ9675888Hawaiian Gardens CasinoInsurance Company of the Westadministrative law judgedenial of reconsiderationwitness demeanor
References
Case No. ADJ9181559
Regular
Sep 09, 2014

EXTRAIN CERVANTES vs. GARDEN FRESH RESTAURANT CORPORATION, TRAVELERS INSURANCE COMPANY

This case involves a petition for reconsideration and removal filed by the defendant, Garden Fresh Restaurant Corporation and its insurer, Travelers Insurance Company. The Workers' Compensation Appeals Board (WCAB) dismissed the petition for reconsideration because it was improperly filed against a non-final interlocutory order. The WCAB also denied removal, finding no showing of substantial prejudice or irreparable harm. The defendant's attorney was admonished for filing the petition against a clearly non-final ruling.

Petition for ReconsiderationDismissalDenial of RemovalFinal OrderInterlocutory DecisionSubstantive RightLiabilityWCJ RulingAdministrative Law JudgeTravelers Insurance Company
References
Case No. ADJ2833404 (VNO 0296687)
Regular
Nov 16, 2015

MAKE HOFF vs. MIKE HOFF INVESTIGATIONS, STATE COMPENSATION INSURANCE FUND

This case concerns reimbursement for household services for a worker with a 1991 industrial injury resulting in 100% permanent disability. The Workers' Compensation Appeals Board affirmed an award for weekly gardener, cleaner, and pool services, finding they were medically necessary and reasonable under a 2003 stipulated award. The Board also rescinded the attorney's fee award, returning the case for the judge to determine penalties for the employer's unreasonable refusal to pay these services. The employer had unilaterally ceased payment despite no change in the applicant's condition.

Workers' Compensation Appeals BoardReconsiderationStipulated AwardAgreed Medical ExaminerPermanent DisabilityMedical TreatmentGardenerHouse CleanerPool ServiceReimbursement
References
Case No. ADJ12662995
Regular
Dec 21, 2020

DANIELLE SIMPSON vs. DARDEN RESTAURANTS, INC., dba OLIVE GARDEN, XL INSURANCE AMERICA, INC., administered by GALLAGHER BASSETT SEVICES, INC.

In this workers' compensation case, the defendant argued the applicant's claim was time-barred. The applicant filed an application for adjudication on October 25, 2019, for an injury on May 13, 2017, after receiving benefits. The Appeals Board granted reconsideration to correct a factual error regarding the application filing date. The Board affirmed the original decision, finding the application timely filed within the five-year "new and further disability" period under Labor Code section 5410, as benefits had been voluntarily provided by the employer.

Workers Compensation Appeals BoardDarden RestaurantsOlive GardenXL Insurance AmericaGallagher Bassett ServicesADJ12662995Petition for ReconsiderationFindings of Fact and OrderWorkers' Compensation Administrative Law JudgeStatute of Limitations
References
Case No. ADJ3622683 (EUR 0039238)
Regular
Aug 08, 2011

JOSEPH VASSEL vs. SUNSHINE GARDENING SERVICE, ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The applicant sought to overturn a prior award concerning his 2003 back and neck injury. The Board adopted the Administrative Law Judge's report, which found that the applicant's neck complaints were unrelated to the injury and that the apportionment of disability was consistent with current law. The denial also addressed the applicant's arguments regarding the necessity of chiropractic treatment and medical evidence.

Workers' Compensation Appeals BoardSunshine Gardening ServiceZenith Insurance CompanyJoseph VasselPetition for ReconsiderationOrder Denying ReconsiderationLabor Code § 5909Due ProcessFindings and AwardPermanent Partial Disability
References
Case No. ADJ7186657
Regular
Sep 30, 2011

Sergio Marquez vs. Alan's Lawnmower and Garden Center; INC, STAR INSURANCE COMPANY

The Workers' Compensation Appeals Board denied reconsideration of a decision that found Sergio Marquez did not sustain an industrial injury. The applicant argued the employer's post-termination defense under Labor Code section 3600(a)(10) was inapplicable and that the presumption of injury under Labor Code section 5402 should apply. However, the Board adopted the WCJ's findings that neither the presumption nor an exception to the defense was established. The WCJ's report, which was incorporated by the Board, detailed why these arguments failed based on the evidence presented.

Workers Compensation Appeals BoardSergio MarquezAlan's Lawnmower and Garden CenterStar Insurance CompanyIllinois Midwest Insurance AgencyADJ7186657Order Denying Reconsiderationindustrial injuryLabor Code section 5402presumption of industrial injury
References
Case No. ANA 0326350
Regular
Nov 20, 2007

MONIKA LOUSCHER vs. GARDEN GROVE UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board granted reconsideration on its own motion and reversed its prior dismissal of the defendant's petition. The Board found the defendant's petition was improperly dismissed for lack of verification, as school districts are exempt from this requirement in certain proceedings. Crucially, the Board remanded the case for further proceedings, holding that the utilization review dispute resolution procedures under Labor Code sections 4610 and 4062 must be followed even with a prior award for medical treatment.

Workers' Compensation Appeals BoardGarden Grove Unified School DistrictOpinion and Order Granting ReconsiderationFindings and OrderPetition for ReconsiderationElectric Waveform Lablienutilization reviewACOEM guidelinesLabor Code § 4610
References
Case No. ANA 0370435 ANA 0370455
Regular
Oct 16, 2007

ARNOLD FRANCIS (Deceased), AMELIA FRANCIS (Widow) vs. GARDEN GROVE UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured, CSEA, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration, reversing the WCJ's finding that the decedent's death was industrially caused. The Board found that the medical evidence did not support a causal link between the decedent's left ankle injury and his death, adopting the opinion of Dr. Jay. Therefore, the decedent's death was not found to be causally related to his industrial injury.

Arnold FrancisAmelia FrancisGarden Grove Unified School DistrictCSEAState Compensation Insurance FundANA 0370435ANA 0370455Joint Findings and OrderWCJindustrial injury
References
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