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

Case No. ADJ4369942 (VNO 0550802) ADJ7224090; ADJ6904832
Regular
Oct 11, 2010

JIM WIGHT vs. COUNTY OF LOS ANGELES, INTERCARE INSURANCE SERVICES

The Workers' Compensation Appeals Board (WCAB) has denied the applicant's, Jim Wight's, Petition for Reconsideration in this case against the County of Los Angeles and Intercare Insurance Services. The WCAB adopted and incorporated the reasoning of the workers' compensation administrative law judge (WCJ) in their report. Therefore, the petition for reconsideration is officially denied.

Workers' Compensation Appeals BoardDenying ReconsiderationAdministrative Law JudgePetition for ReconsiderationCounty of Los AngelesIntercare Insurance ServicesADJ4369942VNO 0550802ADJ7224090ADJ6904832
References
0
Case No. ADJ784406 (FRE 0235717) ADJ1582511 (FRE 0243418)
Regular
Apr 02, 2013

ALTON TALLEY vs. MARK ONE CORPORATION, NBJ/ELNESS CONVALESCENT HOSPITAL, INTERCARE INSURANCE SERVICES

The Workers' Compensation Appeals Board denied reconsideration of an arbitration decision regarding medical expense allocation. The decision relied on Dr. Baker's opinion that the December 12, 2006 injury, insured by Intercare, was primarily responsible for treatment expenses between that date and December 10, 2008. The petitioner argued Dr. Baker's report was not substantial evidence and that Dr. Murphy's report should prevail. However, the Board adopted Dr. Baker's report, noting Dr. Murphy's own report largely concurred with its findings for the disputed period.

WORKERS' COMPENSATION APPEALS BOARDALTON TALLEYMARK ONE CORPORATIONNBJ/ELNESS CONVALESCENT HOSPITALINTERCARE INSURANCE SERVICESRICHARD G. BAKERM.D.DR. MURPHYSUBSTANTIAL EVIDENCEMEDICAL OPINION
References
0
Case No. ADJ1143803 (OXN 0128653) ADJ2709854 (OXN 0142376)
Regular
Nov 01, 2011

SALVADOR PAZ vs. MARTINEZ PAINTING & WALL COVERING, MB PAINTING, CIGA, for CREDIT GENERAL INSURANCE COMPANY, INTERCARE, CIGA for UNITED PACIFIC INSURANCE COMPANY, INTERCARE, STATE FARM INSURANCE COMPANY, ACE USA

This case involves a painter, Salvador Paz, who sustained cumulative and specific injuries to his back, shoulder, wrist, neck, and foot. The Workers' Compensation Appeals Board denied petitions for reconsideration from State Farm, CIGA, and the applicant. The Board upheld the original findings, which apportioned permanent disability at 72% to the specific injury (CIGA via Credit General) and 28% to the cumulative trauma (ACE USA and State Farm). Liability for temporary disability was also divided, and State Farm's arguments regarding an unequal division and due process were rejected.

CIGAState Farmcumulative injuryspecific injuryapportionmenttemporary disabilitypermanent disabilityvocational expertPetition for ReconsiderationCredit General Insurance
References
1
Case No. ADJ3687516
Regular
Jan 26, 2012

RAMONA ANAYA, JUAN JOSE GONZALEZ, JESUS CERVANTES, JULIE ANN CABEZA, WALTER CRABTREE vs. PORT HUENEME UNIFIED SCHOOL DISTRICT, J. M. SMUCKERS, SPECIALTY RISK SERVICES, AMERICAN TECHNOLOGIES, INC., AIG DOMESTIC CLAIMS, INC., GHL ENTERPRISES, CIGA, INTERCARE INSURANCE SERVICES, INC., PAULA INSURANCE COMPANY, MARY HEALTH OF THE SICK, REDISED INSURANCE, CRAWFY AND COMPANY, M.R. AUTOMOTIVE, CIGA, Administrative inTERCARE INSURANCE SERVICES, HIH AMERICA COMPENSATION

The Workers' Compensation Appeals Board denied Attorney M. Francesca Hannan's request for a waiver of fees or a payment plan for reporter's transcripts. Hannan sought the transcripts to support allegations of bias by a Workers' Compensation Judge and claimed financial hardship and limited time for preparation. The Board found no legal basis for the fee waiver or payment plan under applicable rules and statutes, though it affirmed Hannan's right to obtain the transcripts upon payment.

WCABPetitionReporter's TranscriptFee WaiverPayment PlanGovernment Code 68632Administrative Director Rule 9990Appeals Board Rule 10740AnayaLien Trial
References
0
Case No. ADJ10061166
Regular
Oct 02, 2015

Lorenzo Lujan vs. RAMCO, INTERCARE

The Workers' Compensation Appeals Board granted the applicant's Petition for Removal, overturning a prior order that denied his request to change venue. The applicant resides in Santa Barbara County, where his injury occurred and his attorney's office is located, and he properly designated Santa Barbara for venue. Despite the Workers' Compensation Division's website listing Santa Barbara as a "Satellite office," the Board found it provides the same essential services as other district offices. Therefore, venue was transferred to the Santa Barbara District Office, as required by Labor Code section 5501.5(a).

Petition for RemovalOrder Denying Change of VenueLabor Code section 5501.5applicant's residencelocation of injuryattorney's principal place of businessSanta Barbara District OfficeSan Luis Obispo District OfficeSatellite officemandatory venue
References
1
Case No. ADJ4631701
Regular
Oct 19, 2012

ROCIO SALINAS vs. TUTOR & SALIBA, INTERCARE

The Workers' Compensation Appeals Board granted reconsideration and rescinded the WCJ's previous decision in the case of Salinas v. Tutor & Saliba. The Board adopted the WCJ's report and returned the matter to the trial level for further proceedings and a new decision. This order is not a final decision on the merits, and parties retain the right to seek reconsideration of the future WCJ decision.

Workers' Compensation Appeals BoardReconsiderationRescinded DecisionFurther ProceedingsWCJ DecisionTutor & SalibaIntercareADJ4631701OAK District OfficeOpinion and Order
References
0
Case No. ADJ9214889
Regular
Dec 08, 2014

JIE BAI vs. PEBBLE BEACH, INTERCARE

This case involves applicant Jie Bai's petitions for reconsideration and removal stemming from two separate orders by the Workers' Compensation Judge. The Workers' Compensation Appeals Board denied both petitions, adopting the judge's reasoning. Reconsideration was denied regarding sanctions imposed on applicant's attorney for a late appearance, finding the attorney's tardiness and lack of excuse justified the sanction. Removal was denied regarding a change of venue to Salinas, as the judge found good cause based on the applicant's residence, injury location, and logistical convenience, despite the applicant's counsel's objections.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalOrder Imposing SanctionsOrder Changing VenueWorkers' Compensation JudgeLabor Code §5813Title 8CCR §10561Failure to Appear
References
0
Case No. ADJ8291111
Regular
Feb 08, 2016

MALIA ESTEBAN vs. COUNTY OF MONTEREY, INTERCARE

Here's a concise summary for a lawyer: The Appeals Board denied the applicant's Petition for Removal, which sought to overturn the Mandatory Settlement Judge's order closing discovery and setting the case for trial. The Board found no substantial prejudice or irreparable harm to the applicant and that reconsideration would be an adequate remedy. The applicant's contention that closing discovery denied due process was rejected, as the trial judge can develop the record and hear evidence on disputed issues like alleged consequential injuries. All issues raised by the applicant are preserved for the trial judge's determination.

Petition for RemovalMandatory Settlement ConferenceClosure of DiscoveryDue ProcessIrreparable HarmReconsiderationCumulative InjuryQualified Medical EvaluatorMedical ReportsPermanent and Stationary
References
2
Case No. ADJ7527787
Regular
Jun 27, 2014

JAIME MADRIGAL vs. RIVERSIDE TRANSIT AGENCY, INTERCARE

This case involves applicant Jaime Madrigal's petition for reconsideration of a workers' compensation award. The original award, based on stipulations, granted Madrigal 25% permanent disability for a left knee injury and provided for future medical benefits. Madrigal sought to overturn the award, claiming his attorney failed to account for future medical issues and additional disabilities like sleep and psychological disorders. The Workers' Compensation Appeals Board denied the petition, finding no evidence of misleading statements or procedural errors, and noting Madrigal's ongoing access to future medical care and the ability to reopen his claim for new or further disability.

Workers' Compensation Appeals BoardPetition for ReconsiderationStipulations with Request for AwardPermanent DisabilityIndustrial InjuryLeft Knee InjuryFuture Medical BenefitsBus DriverSleep DisorderPsychological Disorder
References
0
Case No. ADJ8491619 ADJ9586677
Regular
May 17, 2019

Edward GAA vs. Intercare Holdings Insurance, The Hartford

The Workers' Compensation Appeals Board granted applicant's petition for removal, overturning a prior order that denied a rheumatological evaluation. While dismissing the petition for reconsideration, the Board found good cause for an additional QME panel in rheumatology, acknowledging the orthopedic QME's limited expertise in this specialty. The applicant must still attend a re-evaluation with the orthopedic QME, who must review a job analysis.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalQualified Medical Evaluator (QME)Rheumatological evaluationOrthopedic QMECumulative traumaIndustrial injuryMedical-legal issuesBias
References
1
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