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

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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. MISC. 251
En Banc
Jul 08, 2008

Ramon B. Pellicer vs. State Bar of California

The Appeals Board denied Ramon B. Pellicer's petition to appear as a non-attorney hearing representative due to his prior disciplinary record with the State Bar, affirming that disbarred attorneys are precluded from practicing law in any capacity before the WCAB.

WCABPetition to PracticeHearing RepresentativeInvoluntary Inactive EnrollmentState Bar ActRules of Professional ConductDefaultDisciplinary ChargesPractice of LawDefrocked Attorney
References
Case No. ADJ1500144 [SAC 0290200] ADJ820065 [SAC 0352087] ADJ1538813 [MON 0309956] ADJ3751110 [MON 0326164]
Regular
Nov 24, 2008

PARVIN OLFATI, PATTY OLFATI vs. STATE OF CALIFORNIA BOARD OF EQUALIZATION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration as untimely because it was improperly filed with a district office instead of directly with the Board, and even if timely, would have been denied on the merits. The Board also denied the applicant's petition for disqualification of the judge, finding no evidence of bias, as any misstatement about the number of cases was likely due to the judge's specific assignment. Finally, the applicant was put on notice regarding potential sanctions for future intemperate language and the possibility of being declared a vexatious litigant for repeatedly filing meritless disqualification petitions.

WCABPetition for ReconsiderationPetition for DisqualificationUntimely FilingFormer Rule 10840Adverse RulingsBiasPrejudiceMandatory Settlement ConferenceTrial
References
Case No. VNO 0421742
Regular
Mar 17, 2008

CONRAD GAC vs. DAY SHIP MANAGEMENT, INC.

The WCAB affirmed the WCJ's decision dismissing the applicant's workers' compensation claim for lack of jurisdiction. The Board found the applicant's exclusive remedy lies in admiralty law against the United States, as the defendant employer acted as an agent of the U.S. government for a vessel owned by the U.S. Navy. Previously decided jurisdictional and timeliness issues were deemed law of the case and affirmed.

Workers' Compensation Appeals BoardConrad GacDay Ship ManagementInc.cumulative traumamerchant marine seamanpetition for reconsiderationlack of jurisdictionSuits in Admiralty ActPublic Vessels Act
References
Case No. ADJ10544189
Regular
Nov 09, 2018

MARTIN GARCIA vs. HARVEST CHURCH, GUIDEONE MUTUAL

This case involves an applicant seeking an increased permanent impairment rating for a psychiatric injury stemming from a physical injury to his left foot. The applicant's injury occurred when a gate fell on his foot, and he claims this constitutes a "violent act" under Labor Code section 4660.1(c)(2)(A), which allows for exceptions to a general rule against increased impairment ratings for psychiatric issues arising from physical injuries. The Appeals Board denied reconsideration, affirming the WCJ's finding that the gate falling was an accidental injury, not a violent act, based on definitions involving strong physical force or extreme threats. The Board found the applicant's experience lacked the intensity seen in prior cases of violent acts, such as being struck by a car or being crushed in a vehicle.

AOE/COEViolent ActLabor Code Section 4660.1Psychiatric InjuryPermanent Impairment RatingPetition for ReconsiderationFindings of FactWorkers' Compensation Judge (WCJ)Industrial InjuryPreponderance of the Evidence
References
Case No. ADJ7210580
Regular
Feb 17, 2012

DAVID COLLINS vs. CROWLEY TECHNICAL SERVICES, ACE AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board reversed a finding of concurrent jurisdiction for an injured seaman. The seaman was employed by Crowley Technical Services, an agent of the U.S. Department of Transportation, and injured while working on the U.S.S. Curtis, a vessel owned by a U.S. agency. Because the seaman was a member of the crew of a U.S. government-owned vessel and employed by a U.S. agent, federal law dictates exclusive jurisdiction, precluding California from adjudicating the claim.

Exclusive JurisdictionAdmiralty LawSeaman StatusJones ActLHWCACrew MemberMaritime AdministrationSuits in Admiralty ActPublic Vessels ActConcurrent Jurisdiction
References
Case No. ADJ767870 (LAO 0816816) ADJ1415110 (VNO 0526399)
Regular
Mar 21, 2011

EVELYN PIERRE vs. CALIFORNIA DEPARTMENT OF MOTOR VEHICLES; Legally Uninsured

The Workers' Compensation Appeals Board denied reconsideration of a decision, upholding the denial of a second penalty for unreasonably delayed permanent disability indemnity. The applicant sought two separate Labor Code section 5814 penalties, but the Board found the employer's failure to pay indemnity and the related section 4650(d) penalty constituted a single continuous act of non-payment, not separate and distinct acts as required by *Christian v. WCAB*. Additionally, the petition for reconsideration was denied for failing to include proof of service and notice of the applicant's right to independent counsel.

WORKERS' COMPENSATION APPEALS BOARDDENYING RECONSIDERATIONLab. Code§ 5814permanent disability indemnityLab. Code§ 4650(d)unreasonably delayedseparate and distinct actsattorney's fee
References
Case No. MISC. 251
Significant
Jul 08, 2008

Ramon B. Pellicer vs.

The Appeals Board denied Ramon B. Pellicer's petition to appear as a non-attorney representative, based on his disciplinary history with the State Bar and legal precedent preventing disbarred or suspended attorneys from practicing before the WCAB.

WCABPetition to PracticeHearing RepresentativeNon-AttorneyInvoluntary Inactive EnrollmentState Bar CourtDisciplinary ChargesRules of Professional ConductBusiness and Professions CodeMoral Turpitude
References
Case No. VNO 0272543, VNO 0246317
Regular
May 12, 2008

JOSE ACEVES vs. FERNANDO AUTO SALES, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted the State Compensation Insurance Fund's petition for removal, overturning an interim decision that disallowed direct testimony from defendant's medical witnesses. The Board ruled that the restrictions on direct medical witness testimony in Rules 10606 and 10727 do not apply when physicians are testifying as percipient witnesses to issues like billing practices or illegal supervision of aides, rather than about the treatment of specific injured workers. Therefore, the testimony of these physicians is now allowed at trial.

Removal petitionInterim Findings and Awarddirect examinationmedical witnessespercipient witnessesadministrative proceduresbilling practicesscope of practiceLabor Code section 5708WCAB Rules 10606
References
Case No. ADJ3540065 (SAC 0361552)
Regular
Jan 23, 2017

BRADLEY MAXHAM vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted the defendants' Petition for Removal, rescinding a prior WCJ order. The Board clarified that "information" provided to an Agreed Medical Evaluator (AME) includes treating physician records and relevant medical/non-medical records. A communication becomes "information" if it contains, references, or encloses such records. The case was returned for further proceedings to determine if applicant's letters to the AMEs improperly conveyed "information" without party agreement.

Agreed Medical EvaluatorInformationCommunicationLabor Code Section 4062.3Petition for RemovalEn Banc DecisionWorkers' Compensation Appeals BoardPrejudiceIrreparable HarmSubstantial Evidence
References
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