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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
Case No. ADJ7166686
Regular
Jul 24, 2012

RICHARD ANDERSON vs. JAGUAR/LANDROVER OF VENTURA, COMPWEST INSURANCE COMPANY

This case involves an applicant who suffered a stroke and subsequent 100% permanent disability following surgery for an industrial shoulder injury. The defendant sought reconsideration, arguing for apportionment to pre-existing conditions and challenging the attorney's fee calculation. The Appeals Board affirmed the 100% permanent disability finding, finding no basis for apportionment as the applicant's pre-existing conditions did not cause the disability itself. However, the Board modified the attorney's fee award, requiring commutation using a specific method and a 3% cost of living adjustment, finding the previously assumed 4.6% to be speculative.

Workers Compensation Appeals BoardRichard AndersonJaguar/Landrover of VenturaCompwest Insurance CompanyADJ7166686ReconsiderationFindings and AwardIndustrial InjuryBrain InjuryNeurological System
References
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