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Case Law Database

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

Case No. ADJ2753128 (VNO 0558451)

Regular

Sep 01, 2012

FARAMARZ MORVARI vs. SECURITAS SECURITY SERVICES, BROADSPIRE SERVICES

This case involves a defendant's request for removal concerning an order setting a trial after a mandatory settlement conference. The defendant argues the trial should not have been set because the applicant's participation in settlement negotiations and his Declaration of Readiness to Proceed (DOR) were not in good faith, hindering essential discovery. The Appeals Board granted removal, finding the applicant's DOR was legally defective for failing to specify good faith settlement efforts. Consequently, the trial order was rescinded, and the case was taken off calendar.

Petition for RemovalDeclaration of Readiness to Proceed (DOR)Mandatory Settlement Conference (MSC)Workers' Compensation Appeals Board (WCAB)Panel Qualified Medical Examiner (QME)Jens DimmickM.D.Good Faith EffortDiscoveryOff Calendar

References

Case No. ADJ9394433

Regular

Dec 04, 2017

JUAN MIGUEL GUTIERREZ GARCIA vs. JAMES AND SANDY HALL DBA GOOD GOODS, ALLSTATE INSURANCE COMPANY

This case involves a settlement proposed between the applicant and a lien claimant while the applicant's Petition for Reconsideration was pending before the Appeals Board. The Board granted reconsideration, rescinded the prior WCJ decision, and returned the case to the trial level. This action allows the WCJ to review the proposed settlement. The Board's order is not a final decision on the merits of the underlying issues.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ClaimantSettlementSupplemental Order Approving Compromise and ReleaseFindings of FactWorkers' Compensation Administrative Law JudgeTrial LevelRescindedReturned to Trial Level

References

Case No. ADJ6889455

Regular

Jun 10, 2011

SALVADOR RUIZ vs. WASTE CONNECTIONS INC., ESIS

The Workers' Compensation Appeals Board denied reconsideration of a psychiatric injury claim where the employer asserted a good faith personnel action defense. The Board found the employer failed to prove the personnel action was in good faith, noting evidence of racial animus and inconsistent disciplinary practices. Furthermore, even if the action were deemed in good faith, the employer did not meet its burden of proving it was a substantial cause (35-40%) of the applicant's psychiatric injury, as the medical evidence did not apportion causation. Therefore, the defense under Labor Code section 3208.3(h) was not established.

Labor Code section 3208.3(h)psychiatric injurygood faith personnel actionsubstantial causeobjective reasonablenesspretextualagreed medical evaluatorcausation apportionmentmedical evidencediscriminatory

References

Case No. ADJ8160275

Regular

FAITH YOUNG vs. FAIRVIEW DEVELOPMENTAL SERVICES, STATE COMPENSATION INSURANCE FUND

In *Young v. Fairview Developmental Services*, the Workers' Compensation Appeals Board (WCAB) denied the applicant Faith Young's petition for reconsideration. The Board adopted and incorporated the reasoning of the workers' compensation administrative law judge (WCJ) without providing independent grounds. Consequently, the WCAB affirmed the denial of reconsideration in this case.

Petition for ReconsiderationDeniedWorkers' Compensation Appeals BoardWCJ reportAdministrative Law JudgeLegally UninsuredState Compensation Insurance FundADJ8160275Anaheim District OfficeFaith Young

References

Case No. ADJ3691698 (SFO 0463767)

Regular

May 22, 2009

FAITH LATIMER vs. CALIFORNIA PACIFIC MEDICAL CENTER; permissibly self-insured

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration regarding an injury sustained by applicant Faith Latimer. The defendant sought to introduce new evidence of a subsequent injury and diagnostic testing, claiming it impacted applicant's credibility and the prior decision. However, the Board found the defendant failed to meet the requirements for newly discovered evidence under WCAB Rule 10856, as they did not demonstrate how the evidence could not have been discovered earlier or its effect on the prior findings. The Board concluded the new evidence would not alter the decision awarding temporary disability and medical treatment for the initial injury.

Workers' Compensation Appeals BoardPetition for ReconsiderationReopeningIndustrial InjuryRight ShoulderLow BackNeckLeft ShoulderCompensable ConsequenceTotal Temporary Disability

References

Case No. ADJ9776185

Regular

Jun 18, 2015

MICHAEL WAUGH vs. VALVOLINE INSTANT OIL CHANGE, LIBERTY MUTUAL INSURANCE COMPANY

The Appeals Board denied the applicant's petition for removal, which sought to rescind a notice of intention to dismiss his petition for deposition attorney fees. The judge intended to dismiss the fee petition for failing to show good faith efforts at informal resolution before filing. While no rule mandates such pre-filing efforts, the Board found the applicant failed to demonstrate substantial prejudice or irreparable harm from the notice itself, as no formal order had yet been issued. Therefore, the petition for removal was denied.

Petition for RemovalNotice of Intention to DismissDeposition Attorney FeeLabor Code § 5710Good Faith EffortsInformal ResolutionSubstantial PrejudiceIrreparable HarmWCAB Rule 10843(a)Order Allowing Attorney Fees

References

Case No. ADJ7605039

Regular

May 25, 2012

LYNETTE KERMANINEJAD vs. GOOD SAMARITAN HOSPITAL, BROADSPIRE

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration in the case of Kermaninejad v. Good Samaritan Hospital. The Board adopted the findings of the administrative law judge and incorporated them into their order. Defense counsel was admonished for attempting to introduce new evidence without meeting the required legal standard. Therefore, the Petition for Reconsideration was denied.

WCABReconsideration deniedNew evidenceWCAB Rule 10856Administrative law judge reportDefense counsel admonishedSan Jose District OfficeGood Samaritan HospitalBroadspireLynette Kermaninejad

References

Case No. ADJ8595467

Regular

Sep 29, 2015

JESSICA RIVERA vs. GOOD SAMARITAN HOSPITAL, ACE AMERICAN INSURANCE COMPANY

This case involves a Petition for Removal filed by the defendant, Good Samaritan Hospital and Ace American Insurance Company, seeking to rescind an order closing discovery. The defendants argued that the order closing discovery would cause them substantial prejudice and irreparable harm by preventing them from obtaining a rebuttal vocational expert evaluation. The Workers' Compensation Appeals Board (WCAB) denied the petition, agreeing with the WCJ's report, but noted the defendant could request to proceed with the evaluation at trial. However, one Commissioner dissented, arguing the defendant's actions were diligent and the due process right to discovery was violated.

Petition for RemovalOrder Closing DiscoveryVocational ExpertRebuttal EvaluationDue ProcessSubstantial PrejudiceIrreparable HarmMandatory Settlement ConferenceAgreed Medical EvaluatorsGainfully Employed

References

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

Case No. ADJ3712610

Regular

Nov 24, 2014

ANNIE FRANKLIN vs. FAITHFUL CENTRAL MISSIONARY BAPTIST, GUIDEONE MUTUAL

In this workers' compensation case, the applicant, Annie Franklin, sought removal from a finding allowing her and her daughter to be deposed a second time. The defendants demonstrated good cause for these additional depositions due to conflicting medical opinions and subsequent changes in relevant labor code sections since the initial depositions. The Workers' Compensation Appeals Board (WCAB) denied the Petition for Removal, adopting the WCJ's reasoning and finding no showing of significant prejudice or irreparable harm. Reconsideration after a final award remains an adequate remedy for the applicant.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ reportirreparable harminadequate remedyFindings and Ordersecond depositionhome health careAME'sgood cause

References

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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. ADJ2753128 (VNO 0558451)

Regular

Sep 01, 2012

FARAMARZ MORVARI vs. SECURITAS SECURITY SERVICES, BROADSPIRE SERVICES

References

Case No. ADJ9394433

Regular

Dec 04, 2017

JUAN MIGUEL GUTIERREZ GARCIA vs. JAMES AND SANDY HALL DBA GOOD GOODS, ALLSTATE INSURANCE COMPANY

References

Case No. ADJ6889455

Regular

Jun 10, 2011

SALVADOR RUIZ vs. WASTE CONNECTIONS INC., ESIS

References

Case No. ADJ8160275

Regular

FAITH YOUNG vs. FAIRVIEW DEVELOPMENTAL SERVICES, STATE COMPENSATION INSURANCE FUND

Petition for ReconsiderationDeniedWorkers' Compensation Appeals BoardWCJ reportAdministrative Law JudgeLegally UninsuredState Compensation Insurance FundADJ8160275Anaheim District OfficeFaith Young

References

Case No. ADJ3691698 (SFO 0463767)

Regular

May 22, 2009

FAITH LATIMER vs. CALIFORNIA PACIFIC MEDICAL CENTER; permissibly self-insured

Workers' Compensation Appeals BoardPetition for ReconsiderationReopeningIndustrial InjuryRight ShoulderLow BackNeckLeft ShoulderCompensable ConsequenceTotal Temporary Disability

References

Case No. ADJ9776185

Regular

Jun 18, 2015

MICHAEL WAUGH vs. VALVOLINE INSTANT OIL CHANGE, LIBERTY MUTUAL INSURANCE COMPANY

References

Case No. ADJ7605039

Regular

May 25, 2012

LYNETTE KERMANINEJAD vs. GOOD SAMARITAN HOSPITAL, BROADSPIRE

WCABReconsideration deniedNew evidenceWCAB Rule 10856Administrative law judge reportDefense counsel admonishedSan Jose District OfficeGood Samaritan HospitalBroadspireLynette Kermaninejad

References

Case No. ADJ8595467

Regular

Sep 29, 2015

JESSICA RIVERA vs. GOOD SAMARITAN HOSPITAL, ACE AMERICAN INSURANCE COMPANY

References

Case No. ADJ991157 (GRO 0032393)

Regular

Jun 07, 2010

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

References

Case No. ADJ3712610

Regular

Nov 24, 2014

ANNIE FRANKLIN vs. FAITHFUL CENTRAL MISSIONARY BAPTIST, GUIDEONE MUTUAL

Petition for RemovalWorkers' Compensation Appeals BoardWCJ reportirreparable harminadequate remedyFindings and Ordersecond depositionhome health careAME'sgood cause

References

Showing 1-10 of 941 results

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