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

Case No. ADJ7673518, ADJ7647749
Regular
Jan 23, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION / CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant sustained industrial injury to her neck. While the applicant testified to injuring her neck in a workplace incident and this was partially corroborated, the Board found insufficient evidence for other claimed injuries. The Board specifically disagreed with the administrative law judge's credibility assessment concerning the neck injury itself, relying on medical reports and testimony supporting the neck injury claim. The Board affirmed the denial of claims for all other alleged injuries, finding insufficient medical evidence to link them to the incident.

Petition for ReconsiderationFindings and OrderIndustrial InjuryNeck InjuryBack InjurySpine InjuryUpper ExtremitiesPsycheGastroesophageal SystemInternal System
References
Case No. ADJ7009322
Regular
Nov 17, 2015

PENNY VERDIN vs. HEALDSBURG SENIOR LIVING, LLC, dba, HEALDSBURG SENIOR LIVING COMMUNITY, CARE WEST INSURANCE

This case involved an applicant who alleged her termination constituted discrimination under Labor Code section 132a. The applicant argued her employer terminated her due to her permanent and stationary industrial injury, especially after withdrawing a modified duty position without an interactive process. While a prima facie case was established, the defendant successfully rebutted the claim by demonstrating no available permanent positions accommodated the applicant's work restrictions. The Appeals Board denied reconsideration, affirming the employer had a legitimate business reason for termination and the applicant failed to provide contradictory evidence.

Workers' Compensation Appeals BoardPenny VerdinHealdsburg Senior LivingLLCCare West InsuranceLabor Code Section 132aDiscriminationPermanent and Stationary InjuryModified DutyTemporary Disability
References
Case No. ADJ7503215
Regular
May 24, 2013

JAMIE ZIEGENFUSS vs. THE UNIVERSITY OF CALIFORNIA MERCED

The Workers' Compensation Appeals Board (WCAB) denied reconsideration of the applicant's claim. The applicant alleged industrial injury to her psyche and headaches due to her employer's alleged failure to engage in a good-faith ADA interactive process and alleged bad-faith personnel actions. The WCAB adopted the Workers' Compensation Judge's report, which found no industrial injury based on credible testimony and documentation demonstrating the applicant was aware of performance deficiencies. Furthermore, the WCAB rejected the applicant's supplemental petition for reconsideration as untimely filed.

WCABReconsiderationADA Interactive ProcessIndustrial InjuryPsychic InjuryGood Faith Personnel ActionsCumulative InjuryAgreed Medical ExaminerPerformance EvaluationRetaliation
References
Case No. ADJ2652722 (VNO 0436560)
Regular
Jul 31, 2015

ABDULLAH JOMAA vs. ROOHANIS 76 STATION, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION For FREMONT INDEMNITY COMPANY, In Liquidation

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a WCJ's order allowing a physician's lien. The defendant argued it was denied due process due to lack of notice regarding the lien and subsequent proceedings. The WCAB found the defendant was indeed denied due process because they did not receive adequate notice of the lien claim or the proceedings. Consequently, the WCAB rescinded the WCJ's order and returned the case to the trial level for further proceedings.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien conferenceDue processNoticeDeclaration of Readiness to ProceedStatute of limitationsLachesOrder Approving Compromise and ReleaseNotice of Intention to allow lien
References
Case No. ADJ603509 (LAO 888258)
Regular
Oct 25, 2010

PATRICIA NUNEZ vs. MAINSTAY BUSINESS SOLUTIONS

This case concerns lien claimants seeking reconsideration of a prior Board decision. The Board denied their petition, affirming its prior ruling that they failed to prove they were part of the defendant's Medical Provider Network (MPN) when providing services. Lien claimants' arguments regarding the MPN's validity and due process were waived due to untimeliness and failure to raise issues earlier. Furthermore, the Board found no denial of due process as lien claimants had actual notice of the defendant's petition.

Workers' Compensation Appeals BoardMedical Provider Network (MPN)Lien ClaimantsReconsiderationDecision After ReconsiderationFindings and AwardAdministrative Law Judge (WCJ)Compromise and ReleaseDue ProcessService of Process
References
Case No. ADJ8613826
Regular
May 02, 2016

WALTER D. VILLATORO vs. POTENTIAL INDUSTRIES, ZURICH

The Workers' Compensation Appeals Board (WCAB) rescinded an order dismissing lien claimant Innovative Orthopedic Services' lien. The lien claimant argued it was denied due process because it never received notice of a lien conference or a Notice of Intention to Dismiss (NIT). The WCAB found that the lien claimant's due process rights were violated due to a lack of record of proper service of the NIT and any further lien conference notice. Therefore, the case is returned to the trial level for further proceedings and a new decision.

Workers' Compensation Appeals BoardLien claimantPetition for ReconsiderationNotice of Intention to DismissCompromise and ReleaseDue processNotice of Lien ConferenceAdministrative law judgeRescindVoid ab initio
References
Case No. ADJ11008178
Regular
Oct 09, 2020

JAMIE BODINE vs. EMPLOYER SOLUTIONS STAFFING GROUP II, GALLAGHER BASSETT SERVICES, INC.

This case involves a defendant's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision awarding continuing temporary disability benefits to the applicant. The defendant argued that proceeding to trial on the issue of temporary disability violated its due process rights due to insufficient notice. The WCAB granted reconsideration, rescinded the original award, and returned the matter to the trial level for further proceedings. The Board found that the defendant was not provided with proper notice regarding the temporary disability issue, thus violating its due process rights.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardTemporary DisabilityDue ProcessExpedited HearingDeclaration of Readiness to ProceedMedical TreatmentWork RestrictionsAccommodation
References
Case No. ADJ8343056
Regular
Nov 05, 1972

MYRNA MEDINA vs. COUNTY OF LOS ANGELES

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration, upholding the WCJ's award for applicant Myrna Medina's cumulative industrial injury. The defendant argued it was denied due process by not being allowed to use the AME/PQME process, but the WCJ found this issue was never raised at trial. Furthermore, the defendant failed to properly raise these arguments or support them with evidence in their petition. The Board also noted potential sanctions for knowingly false statements within the petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact and Awardindustrial cumulative injuryEligibility Worker IItemporary disabilitypermanent disabilitymedical treatmentAME/PQME processLabor Code sections 4060
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. STK 0199856
Regular
Aug 08, 2008

GARY WINSLOW vs. EAST/WEST STAFFING, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board granted reconsideration and rescinded the dismissal of the applicant's case for lack of prosecution. The Board found the petition for reconsideration timely filed and determined that the applicant may have been denied due process due to a mistaken belief that he could not pursue his claim after moving out of state. The case is remanded for further proceedings and a new decision by the WCJ.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissal for Lack of ProsecutionNotice of Intention to DismissDue ProcessIndustrial InjuryFurniture MoverAbdomenGroinHernia
References
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