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Case Law Database

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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. 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. ADJ2987812 (SJO262336) ADJ1100259 (SJO262338)
Regular
Sep 17, 2003

JANICE KELLEY vs. GOOD SAMARITAN HOSPITAL and BROADSPIRE, L.L.C.

The Workers' Compensation Appeals Board (WCAB) granted the defendants' Petition for Reconsideration in the case of *Kelley v. Good Samaritan Hospital and Broadsire, L.L.C.* This action was taken due to the statutory time constraints and the need for further study of the complex factual and legal issues. The WCAB requires additional review to ensure a comprehensive understanding of the record before issuing a just decision. All future filings in this matter should be directed to the WCAB's Office of the Commissioners, not the local district office.

Petition for ReconsiderationWorkers' Compensation Appeals BoardGood Samaritan HospitalBroadspire L.L.C.Opinion and OrderStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionFurther ProceedingsOffice of the Commissioners
References
Case No. ADJ3435222
Regular
Sep 08, 2015

Keith Whitmore vs. Metropolitan State Hospital

This case concerns applicant Keith Whitmore's claim for a psychiatric injury allegedly caused by cumulative trauma and personnel actions at Metropolitan State Hospital. The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior finding that barred his claim under Labor Code section 3208.3(h), which exempts injuries caused by lawful, good faith personnel actions. The WCAB found that the defendant hospital failed to meet its burden of proving its personnel actions were lawful, non-discriminatory, and in good faith, overturning the prior decision. Therefore, the WCAB found that Whitmore sustained an industrial injury to his psychological system, though his claims for neurological and central nervous system injuries were not disturbed.

Labor Code section 3208.3(h)good faith personnel actionscumulative trauma injurypsychiatric injurypsychiatric technicianMetropolitan State HospitalPanel Qualified Medical EvaluatorDepressive Disorder Not Otherwise Specifiedoccupational group number 311Workers' Compensation Appeals Board
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. ADJ253443 (POM 0286361)
Regular
Jan 17, 2014

JUAN MANUEL RESENDIZ vs. DANNY'S TRIMMING & BINDING CORP., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration, rescinding the WCJ's finding that it lacked jurisdiction over a lien dispute between Good Samaritan Hospital and State Fund. The Board found the contracts between State Fund, Blue Cross, and Good Samaritan potentially created an "express agreement" under Labor Code Section 5304, divesting the Board of jurisdiction. However, the Board also noted Good Samaritan failed to meet its initial burden of proof regarding the necessity of its services and that State Fund may not have provided proper notice of its payor status under the contract. The case is returned to the trial level for further evidence development on these issues.

Workers' Compensation Appeals Boardlien claimantPetition for ReconsiderationFindings of FactjurisdictionState Compensation Insurance FundOfficial Medical Fee ScheduleLabor Codeexpress agreementarbitration
References
Case No. ADJ3813213 (LAO 0880628) ADJ426875 (LAO 0739120) ADJ448791 (LAO 0739119)
Regular
May 18, 2015

ALEXANDRA McSPORRAN vs. MIDWAY HOSPITAL, TRAVELERS PROPERTY CASUALTY COMPANY, KAISER PERMANENTE FOUNDATION HOSPITAL, UCLA MEDICAL CENTER

This case involves applicant Alexandra McSporran's claims for industrial injuries sustained as a nurse across three distinct periods ending in 1999, 2003, and 2008, against defendants Midway Hospital, Travelers, Kaiser, and UCLA. The Workers' Compensation Appeals Board (WCAB) denied reconsideration for both the applicant and Kaiser. The applicant argued for a single cumulative injury and against apportionment of permanent disability, while Kaiser raised statute of limitations and evidentiary objections. The WCAB adopted the WCJ's reasoning, denying both petitions and affirming the prior award.

Workers' Compensation Appeals BoardAlexandra McSporranMidway HospitalTravelers Property Casualty CompanyKaiser Permanente Foundation HospitalUCLA Medical CenterPermissibly Self-InsuredJoint Findings Award and Ordercumulative injurystatute of limitations
References
Case No. ADJ8128282
Regular
Jan 23, 2014

ANGELA EGBIKUADJE vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, returning the case for further proceedings. The defendant, California Department of Corrections and Rehabilitation, argued that the applicant's psychiatric injury claim was preempted by the ADA and not proven under Labor Code section 3208.3. The Board found the original decision lacked proper analysis regarding predominant industrial causation and the good faith personnel action defense. Therefore, the case was remanded for further development of the record, including expert medical opinion on these issues.

Workers' Compensation Appeals BoardAngela EgbikuadjeCalifornia Department of Corrections and RehabilitationLegally UninsuredState Compensation Insurance FundADJ8128282Van Nuys District OfficeReconsiderationFindings and AwardIndustrial cumulative trauma injury
References
Case No. ADJ3765992 (SRO 0132531) ADJ2072207 (SRO 0140061)
Regular
Apr 29, 2009

Lorraine O'Keefe vs. Surgical Staff North, Inc., CAL COMP, In Liquidation, CIGA, Adjusted by BROADSPIRE, COMMUNITY HOSPITAL OF MONTEREY PENINSULA, Permissibly Self-Insured, Adjusted by CLAIMS MANAGEMENT, INC. (ADJ3765992), QUEEN OF THE VALLEY HOSPITAL, Permissibly Self-Insured, Adjusted by SEDGWICK CLAIMS MANAGEMENT SERVICE (ADJ2072207)

This case involves applicant Lorraine O'Keefe's workers' compensation claims for left knee injury. The Workers' Compensation Appeals Board denied reconsideration of the finding that applicant sustained an industrial injury on December 15, 1999, while employed by Community Hospital of the Monterey Peninsula (CHOMP). However, the Board granted reconsideration regarding attorney fees, rescinding the prior award against CHOMP. The issue of CHOMP's liability for applicant's attorney fees under Labor Code section 4064(c) will be returned for further proceedings due to insufficient notice.

Workers' Compensation Appeals BoardSurgical Staff NorthCal CompCIGACommunity Hospital of Monterey PeninsulaClaims Management Inc.Queen of the Valley HospitalSedgwick Claims Management ServiceFindings Award OrdersPetition for Reconsideration
References
Case No. ADJ2422836
Regular
Aug 03, 2009

JOHNNIE METCALF vs. HINES HORTICULTURE, AMERICAN CASUALTY

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, affirming the finding that the applicant sustained an industrial injury. The applicant, driving for work, stopped to assist at a severe car accident and was struck by another vehicle. The Board found the injury arose out of employment because his work required him to be on the freeway, making him present to witness the accident. The applicant's Good Samaritan actions were deemed a foreseeable and reasonable response, occurring within the course of employment.

Good SamaritanIndustrial InjuryCourse of EmploymentArising Out Of EmploymentForeseeable RiskMaterial DeviationEmergency SituationRescue EffortCausal RelationshipTransitory Activities
References
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