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Case Law Database

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

Case No. ADJ918935 (GOL 0095045) ADJ494988 (GOL 0095046)

Regular

Oct 01, 2010

BONNIE JOHNSON vs. ALBERTSON'S, INC.

The Workers' Compensation Appeals Board granted reconsideration and amended a prior decision, affirming the imposition of a 25% penalty against Albertson's for unreasonably denying payment for the applicant's prescription Imitrex. The Board clarified that the penalty period for the denied medical treatment is from March 2008 to August 18, 2008. Additionally, the Board affirmed the applicant's entitlement to attorney fees related to enforcing this compensation.

Workers' Compensation Appeals BoardAlbert's Inc.Specialty Risk ServicesJoint Findings and OrderAdministrative Law JudgeLabor Code Section 5814PenaltyPrescriptionImitrexPermanent Disability

References

Case No. ADJ6933383, ADJ7271376, ADJ6776432, ADJ7016364, ADJ2548586 (VNO 0557073)

Regular

Aug 06, 2018

MELANIE SANCHEZ vs. MIANO'S FOOD CORPORATION dba IHOP, HARTFORD INSURANCE COMPANY OF THE MIDWEST, TRAVELERS CASUALY \& SURETY COMPANY

This case involves a workers' compensation applicant seeking reconsideration of a prior award. The applicant's petition for reconsideration focused solely on the denial of medical treatment, specifically Imitrex, Lipoderm, and Norco, for industrial injuries. However, the administrative law judge's previous hearing and award addressed only penalties for late payment of compensation, not the medical treatment disputes. Because the issue of medical treatment was not properly presented to or decided by the judge below, the Appeals Board denied the petition as it sought reconsideration of an issue not previously adjudicated.

Workers' Compensation Appeals BoardPetition for ReconsiderationJoint Corrected Findings Award and Orderclerical errorpenaltiesattorney's feeslate paymentsmedical treatmentImitrex injectionsLipoderm patches

References

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BONNIE JOHNSON vs. ALBERTSON'S, INC.

Workers' Compensation Appeals BoardAlbert's Inc.Specialty Risk ServicesJoint Findings and OrderAdministrative Law JudgeLabor Code Section 5814PenaltyPrescriptionImitrexPermanent Disability

MELANIE SANCHEZ vs. MIANO'S FOOD CORPORATION dba IHOP, HARTFORD INSURANCE COMPANY OF THE MIDWEST, TRAVELERS CASUALY \& SURETY COMPANY