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

Case No. ADJ761271 (SJO 0070447)
Regular
Sep 22, 2010

Dorothy Thompson vs. GENERAL MOTORS, Permissibly SelfInsured, Adjusted by SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board has declared Dorothy Thompson a vexatious litigant. This declaration follows a notice issued on September 7, 2010, to which no response was received. As a result, any future filings by Ms. Thompson in propria persona will be considered "conditionally filed." Such filings will only be deemed properly filed after a judge or the Board determines they do not violate Rule 10782(a).

Vexatious LitigantPre-filing OrderWorkers' Compensation Appeals BoardPropria PersonaRule 10782(a)Conditionally FiledPermissibly Self-InsuredSedgwick Claims Management ServicesNotice of IntentionPresiding Workers' Compensation Judge
References
Case No. ADJ6687390
Regular
Sep 28, 2015

GABRIELA OCHOA RODRIGUEZ vs. PERSONA HR, TOWER INSURANCE, ACCUPRINT SERVICES

This case involves an applicant injured while employed as a printer for Persona HR and Accuprint Services, Inc. Persona HR sought reconsideration of a finding of dual employment, arguing it was denied due process by the admission of witness testimony without prior notice. The Workers' Compensation Appeals Board denied reconsideration, finding that any error in admitting the testimony was harmless as it was not relied upon for the decision. The Board affirmed the finding of dual employment based on contract language and emails, noting that an employee can have joint and several liability for compensation benefits from multiple employers.

Workers' Compensation Appeals BoardPersona HRTower InsuranceAccuprint ServicesUninsuredpetition for reconsiderationindustrial injurybilateral wristslumbar spineright knees
References
Case No. ADJ6997281
Regular
Dec 10, 2010

SKYLER DAUSMAN vs. MENDOCINO SOLID WASTE AUTHORITY, YORK INSURANCE SERVICE GROUP, INC.

The Workers' Compensation Appeals Board denied Skyler Dausman's Petition for Reconsideration. The applicant failed to serve defense counsel, but this defect was cured by counsel's voluntary filing of an answer. The Board adopted the judge's report, which found that Dr. Allems' and Dr. Khasigian's reports constituted substantial evidence supporting the denial of permanent disability and further medical treatment for injuries beyond the applicant's low back. Ultimately, the Board found no industrial injury to the abdomen, nerve damage, or hernia, and upheld the defendant's credit for overpaid temporary disability.

Workers' Compensation Appeals BoardPetition for ReconsiderationPropria PersonaYork Insurance Service GroupInc.Report and RecommendationPermanent DisabilityTemporary DisabilityMedical TreatmentSelf-Procured Medical Treatment
References
Case No. ADJ4457532 (SAC 0348299)
Regular
Mar 04, 2014

TOMMY SEABROOKS vs. FRITO-LAY/PEPSICO, ACE AMERICAN INSURANCE COMPANY

This case involves Frito-Lay/PepsiCo contesting a 61% permanent disability award and future medical treatment for applicant Tommy Seabrooks. The original award found injury including aggravation of a pre-existing hernia and claimed injuries to various systems. The Workers' Compensation Appeals Board (WCAB) rescinded the award due to a significant error in the Findings of Fact. Specifically, the WCAB found the judge did not make an express finding that applicant's claimed injuries arose out of and occurred in the course of employment. The matter is returned to the trial level for a new decision with an express finding on industrial injury.

ADJ4457532Tommy SeabrooksFrito-Lay/PepsicoACE American Insurance CompanySedgwick CMSPermanent DisabilityAggravationPre-existing HerniaNeurologicPsychiatric
References
Case No. ADJ7643460 ADJ8909733
Regular
Jan 03, 2020

Tracy Lee vs. XCHANGING, GRANITE STATE INSURANCE

The Workers' Compensation Appeals Board (WCAB) denied applicant Tracy Lee's multiple Petitions for Removal, adopting the reasoning of the workers' compensation judge. The WCAB admonished the applicant that repetitive, meritless filings may lead to a declaration as a vexatious litigant under WCAB rule 10782. This rule outlines criteria for identifying and restricting such litigants, including those who repeatedly relitigate determined issues or file unmeritorious motions. The applicant's continued filings without apparent merit have resulted in this denial and a warning against further vexatious conduct.

Petitions for RemovalVexatious LitigantPropria PersonaMeritless FilingsHarassmentDelayPrefiling OrderReopeningLabor CodeWCJ Reports
References
Case No. ADJ2312621
Regular
Feb 24, 2014

MARCELINO SANCHEZ vs. TONY LUNA

The Workers' Compensation Appeals Board denied reconsideration of an award to Marcelino Sanchez for injuries sustained while working as an apartment manager. Despite applicant's credibility issues, the Board gave great weight to the WCJ's credibility findings, particularly regarding the admission of a police report detailing the incident. The defendant's arguments regarding applicant's employment status and the weight of evidence were found unpersuasive. The Board also denied the defendant's request to augment the record with an attorney's declaration.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJCredibilityGarza v. Workmen's Comp. Appeals Bd.Supplemental ParagraphAugment the RecordDefense Attorney's DeclarationApartment ManagerUninsured Employer
References
Case No. ADJ10731404
Regular
Oct 09, 2018

PRESTON LEE BROWN SCOTT vs. CITY OF LOS ANGELES, OPSEC; THE HARTFORD

The Workers' Compensation Appeals Board (WCAB) is issuing a notice of intention to declare applicant Preston Lee Brown Scott a vexatious litigant. This action is prompted by Mr. Scott's repeated filing of unmeritorious and repetitive claims and petitions, despite being informed of procedural rules and settlement agreements. If declared a vexatious litigant, Mr. Scott will be subject to a pre-filing order requiring him to obtain permission before filing any new documents or applications with the WCAB. This measure aims to prevent further abuse of the judicial process and conserve WCAB resources.

Vexatious litigantAppeals BoardPre-filing orderPropria personaReconsiderationLabor CodeCarve-out agreementADRCompromise and ReleaseSection 132a
References
Case No. ADJ558450 (ANA 0405476)
Regular
Dec 23, 2008

ROSEANNE RAY vs. VERIZON WIRELESS, SEDGWICK CLAIMS MANAGEMEN SERVICES

The Workers' Compensation Appeals Board has rescinded its prior decision and returned the case to the trial level for further proceedings. This action stems from the defendant's contention that they were denied due process regarding temporary disability indemnity rate calculations. The Board will allow an evidentiary hearing to adjudicate the issues of earnings and the proper temporary disability indemnity rate, ensuring the defendant's opportunity to be heard.

Workers' Compensation Appeals BoardReconsiderationTemporary Disability IndemnityDue ProcessStipulated AwardPermanent DisabilityAverage Weekly WageEvidentiary HearingTrial LevelRescinded
References
Case No. ADJ2458433, ADJ3638211, ADJ7362994, ADJ9026581
Regular
Apr 21, 2014

ROY NORWOOD vs. SAN FRANCISCO MUNICIPAL TRANSPORTATION AGENCY

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal, upholding the Workers' Compensation Judge's decision. The defendant sought to compel the applicant to undergo an evaluation by a previously used Agreed Medical Evaluator (AME) and to prevent the issuance of a Qualified Medical Evaluator (QME) panel for a new injury claim. The Board found that Labor Code section 4062.3(k) does not mandate using the same AME for all future claims and cited a pending en banc decision supporting this interpretation. Furthermore, the Board noted that the prior judge's order regarding the AME did not apply to the new claim where no agreement for that AME existed.

WCABPetition for RemovalMandatory Settlement ConferenceAgreed Medical EvaluatorQualified Medical EvaluatorMedical UnitEx Parte CommunicationLabor Code section 4062.3(k)Propria PersonaInconsistent with Labor Code
References
Case No. ADJ7655051; ADJ7264895
Regular
Nov 04, 2013

MARIA GALLARDO vs. BARRETT BUSINESS SERVICES, INC.

The Workers' Compensation Appeals Board (WCAB) denied reconsideration for ADJ7655051 and dismissed it for ADJ7264895. The WCAB adopted the judge's reasoning, emphasizing that the applicant's credibility was a key issue and her petition lacked verification. Furthermore, the petition for ADJ7264895 was untimely filed. The Board also noted the applicant's supplemental petition was not considered.

WCABADJ7264895ADJ7655051Petition for ReconsiderationDenialDismissalLack of VerificationCredibilityAOE/COEPropria Persona
References
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