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Case Law Database

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

Case No. ADJ10091615

Regular

Oct 20, 2016

Joan De Silva vs. Mission Hospital, SEDGWICK 14442 ORANGE

Here's a summary of the case for a lawyer, in four sentences: The Workers' Compensation Appeals Board granted Mission Hospital's Petition for Removal, rescinding an order that denied their motion to quash two subpoenas. The Board found the subpoenas overbroad and potentially sought documents protected by Evidence Code section 1157 (hospital peer review) and HIPAA (confidential patient information). Furthermore, the Board determined the subpoenas lacked sufficient specificity regarding the scope of records requested. The case was returned to the trial level for a hearing to address these concerns and determine the appropriate scope of discovery.

Petition for RemovalMotion to Quash SubpoenaSubpoena Duces TecumEvidence Code Section 1157HIPAAPeer Review CommitteesInfectious Control ReportsOperating RoomRedactionOverbroad Discovery

References

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. ADJ10739809, ADJ11014321

Regular

Feb 09, 2018

FABIOLA TORRES vs. IRVINE UNIFIED SCHOOL DISTRICT

The WCAB dismissed the applicant's petition for reconsideration of an order compelling the release of records because the order was not a final decision. However, the Board granted the applicant's petition for removal, rescinded the WCJ's order, and returned the matter for further proceedings. This action was taken because the applicant amended her application to withdraw her psyche claim, making the scope of the requested records unclear and potentially overbroad. The WCJ must now clarify the remaining claims and tailor any discovery orders accordingly.

WCABRemovalReconsiderationDiscovery OrderHIPAAPsyche InjuryOverbroadBurdensomePrivacy RightsFinal Order

References

Case No. ADJ8876878

Regular

Sep 17, 2015

ROSALIO AMBRIZ CARRANZA vs. SATICOY LEMON ASSOCIATION, YORK INSURANCE

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal. Removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which the petitioner failed to demonstrate. The Board adopted the WCJ's reasoning that the lien claimant was entitled to requested medical documents to prove their claim, and that the defendant's objections lacked merit and failed to show grounds for removal. Therefore, the petition was denied as the applicant's case was resolved, and reconsideration would be an adequate remedy if issues arose later.

Petition for RemovalAppeals BoardWCJsubstantial prejudiceirreparable harmreconsiderationuntimelyZA Managementlien claimantAOE/COE

References

Case No. ADJ12441930

Regular

Dec 21, 2020

MARIA ESQUIVEL vs. THE PERMANENTE MEDICAL GROUP

This case involves a worker's compensation claim for a psychiatric injury sustained by Maria Esquivel against The Permanente Medical Group. The Appeals Board denied the employer's petition for reconsideration, affirming the finding that Esquivel's injury was predominantly caused by actual events of employment, not merely a stage for personal issues. Evidence included coworker harassment, a restraining order against a coworker who stalked her daughter using company resources, and threats perceived as life-threatening. The Board distinguished this case from precedent where workplace gossip was deemed incidental, finding instead a direct causal link between Esquivel's employment and her injury.

WCABPetition for ReconsiderationExecutive Order N-68-20Atascadero Unified School District v. Workers' Comp. Appeals Bd. (Geredes)causal connectionpsychiatric injuryneuropsychological panel qualified medical examinationDr. Kyle Van Gaasbeekco-employeesGlenda Carrera

References

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Joan De Silva vs. Mission Hospital, SEDGWICK 14442 ORANGE

Petition for RemovalMotion to Quash SubpoenaSubpoena Duces TecumEvidence Code Section 1157HIPAAPeer Review CommitteesInfectious Control ReportsOperating RoomRedactionOverbroad Discovery

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

FABIOLA TORRES vs. IRVINE UNIFIED SCHOOL DISTRICT

WCABRemovalReconsiderationDiscovery OrderHIPAAPsyche InjuryOverbroadBurdensomePrivacy RightsFinal Order

ROSALIO AMBRIZ CARRANZA vs. SATICOY LEMON ASSOCIATION, YORK INSURANCE

Petition for RemovalAppeals BoardWCJsubstantial prejudiceirreparable harmreconsiderationuntimelyZA Managementlien claimantAOE/COE

MARIA ESQUIVEL vs. THE PERMANENTE MEDICAL GROUP