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

Case No. ADJ7960157 (RDG 0095395) ADJ4276340
Regular
Apr 03, 2013

DAVID SANDROCK vs. INDEPENDENT BUSINESS FORMS, INC., PREFERRED EMPLOYERS INSURANCE COMPANY

This case involves a petition for reconsideration filed by the defendant, Independent Business Forms, Inc. The Workers' Compensation Appeals Board has granted this reconsideration. The Board intends to further study the factual and legal issues to ensure a just and reasoned decision. All future communications regarding this matter must be filed in writing with the Office of the Commissioners.

SandrockIndependent Business FormsPreferred Employers Insurance CompanyADJ7960157ADJ4276340ReconsiderationPetition for ReconsiderationWorkers' Compensation Appeals BoardRedding District OfficeSan Francisco
References
Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ9351964 ADJ9351965
Regular
Mar 15, 2016

ROGELIO CORNEJO vs. YOUNIQUE CAFÉ, INC., ZENITH INSURANCE COMPANY

In this case, the Workers' Compensation Appeals Board granted reconsideration of its prior en banc decision. The prior decision held that Chapter 20 of Division 8 of the Business and Professions Code did not apply to a copy service lien claimant acting as an agent or independent contractor for a lawyer. Consequently, proof of registration and bonding under Business and Professions Code sections 22450 and 22455 was deemed unnecessary in such circumstances. The Board granted reconsideration to further study the factual and legal issues presented.

Workers' Compensation Appeals BoardYounique CaféZenith Insurance CompanyWestern Imaging ServicesInc.Rogelio CornejoPetition for ReconsiderationEn BancChapter 20Business and Professions Code
References
Case No. ADJ8387626
Regular
Oct 29, 2015

ANA DIAZ vs. SAMBRAILO PACKAGING, INC., ZENITH INSURANCE COMPANY

This case involves a lien claim for photocopying services provided by California Imaging Solutions (CIS). The WCJ initially disallowed the lien because CIS was not registered as a professional photocopier, as required by Business and Professions Code section 22450. However, the Appeals Board granted reconsideration, finding that CIS was exempt from this registration requirement under Business and Professions Code section 22451(b) because it acted as an agent or independent contractor for applicant's attorney. The case is returned to the trial level to address record deficiencies and re-evaluate the lien claim's compensability in light of this exemption.

Lien ClaimantReconsiderationFindings And OrderAdministrative Law JudgeWCJProfessional PhotocopierBusiness and Professions Code Section 22450Business and Professions Code Section 22451(b)State BarAgent
References
Case No. ADJ7611909 ADJ8870925
Regular
Jan 20, 2016

ANTONIA RIVAS vs. EL PRADO RESTAURANT, THE COHEN RESTAURANT GROUP, INC., PACIFIC COMPENSATION INSURANCE COMPANY

The Appeals Board reversed the prior decision, allowing lien claimant Preferred Scan's exhibits into evidence. Applying the en banc decision in *Cornejo*, the Board found that Preferred Scan made an unrebutted prima facie showing of exemption from Business and Professions Code registration requirements. This exemption applies because Preferred Scan acted as an agent or independent contractor for applicant's attorney, a member of the State Bar. The case is returned for a new decision on the lien claim.

Preferred ScanRivas v. El Prado RestaurantADJ7611909ADJ8870925WCABReconsiderationBusiness and Professions Code 22450Business and Professions Code 22451(b)Cornejo v. Younique CaféInc.
References
Case No. ADJ982471 (LAO 0859620)
Regular
Apr 28, 2014

JUVENCIO TORRES-RAMOS vs. FELIX MARQUEZ, REDWOOD FREE INSURANCE COMPANY, BERKSHIRE HATHAWAY

The Workers' Compensation Appeals Board denied the defendant's petition for removal and dismissed the applicant's petition for reconsideration. The Board adopted the WCJ's report, finding that the defendant failed to show significant prejudice or irreparable harm to warrant removal. The applicant voluntarily withdrew their reconsideration petition after understanding that their pain management treatment request lacked the required authorization form. The case was referred to the Independent Medical Review (IMR) process for a decision on the applicant's need for pain management treatment.

WCABPetition for RemovalPetition for ReconsiderationIndependent Medical ReviewIMRsubstantial evidenceutilization reviewtimelyprimary treating physicianDWC Form PR-2
References
Case No. ADJ8928907
Regular
Oct 29, 2015

NOEL CARMONA vs. SUN VALLEY PRODUCTS, INC., INSURANCE COMPANY OF THE WEST

The Workers' Compensation Appeals Board granted reconsideration for lien claimant Western Imaging Services, Inc. (WIS). WIS had its lien claim disallowed because it failed to prove registration as a professional photocopier. The Board found that WIS was exempt from registration under Business and Professions Code § 22451(b) as it acted as an agent or independent contractor for applicant's attorney, a member of the State Bar. Consequently, the prior decision was rescinded, and the case was returned for further proceedings on the lien amount.

Workers' Compensation Appeals BoardNoel CarmonaSun Valley Products Inc.Insurance Company of the WestWestern Imaging Services Inc.lien claimantpetition for reconsiderationadministrative law judgeBusiness and Professions Code section 22450Business and Professions Code section 22451(b)
References
Case No. ADJ8089263
Regular
Oct 28, 2015

ANGELICA LEGASPI vs. UNO PRODUCE MARKET, STAR INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration, reversing the trial judge's decision that disallowed lien claimant Preferred Scan's (PS) claim. The Board found PS was exempt from registration as a professional photocopier because it acted as an agent or independent contractor for applicant's attorney, a member of the State Bar, as permitted by Business and Professions Code section 22451(b). The WCAB emphasized that the statute's plain language does not require the agent or contractor to forgo profit for the exemption to apply. The case was returned to the trial level for a new decision on the compensability of the lien.

Workers' Compensation Appeals BoardLien ClaimantPreferred ScanBusiness and Professions Code section 22451(b)Business and Professions Code section 22450registered professional photocopierState Bar memberagentindependent contractorWCJ
References
Case No. ADJ7483398 MF ADJ7117818 ADJ7117817
Regular
Sep 24, 2014

CARLOS CACIQUE vs. METRO PAD & FUSING, OAK RIVER INSURANCE, SOUTHERN INSURANCE COMPANY

This case concerns a lien claim by California Imaging Solutions (CIS) for document copying services provided to the applicant's attorney. The original decision disallowed the lien, finding CIS was subject to professional photocopier registration requirements and lacked proof of compliance. CIS argued exemption under Business & Professions Code section 22451(b) as an agent or independent contractor of the attorney. The Appeals Board rescinded the original decision and returned the case for further development of the record to determine if CIS qualifies for the exemption. The stipulated reasonable value of CIS's services is $1,000.

Workers' Compensation Appeals BoardLien ClaimantProfessional PhotocopierBusiness and Professions Code Section 22450Business and Professions Code Section 22451(b)Registration RequirementsExemptionAgentIndependent ContractorHinden & Breslavsky
References
Case No. ADJ9351964 ADJ9351965
Regular
Apr 13, 2016

ROGELIO CORNEJO vs. YOUNIQUE CAFE INC., ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board affirmed its prior decision, holding that Business and Professions Code section 22451(b) exempts agents and independent contractors of attorneys from registration requirements for photocopying services, even when compensated. This exemption applies to lien claimants like Western Imaging Services, Inc., when they act as authorized representatives of an attorney. The Board rejected the defendant's argument that the exemption should be narrowly construed to exclude compensated photocopiers. Therefore, proof of compliance with registration and bonding provisions was not required for the lien claimant to recover copy service fees.

Workers' Compensation Appeals BoardYounique Cafe Inc.Zenith Insurance CompanyWestern Imaging Services Inc.Rogelio CornejoMedical-Legal ExpensesLabor Code Section 4620(a)Business and Professions Code Chapter 20Business and Professions Code Section 22451(b)Agent
References
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