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

Case No. ADJ100201 (GRO 0034542) ADJ2946755 (GRO 0034543)
Regular
Mar 08, 2010

Bradley Lorenz vs. STOWASSER PONTIAC, INTERCARE ROSEVILLE

This case concerns an applicant's claim for workers' compensation benefits due to back injuries. The applicant sought reconsideration of a prior award, arguing the permanent disability rating was too low, as he believed he had successfully rebutted the rating based on the AMA Guides. The Appeals Board affirmed the WCJ's decision, finding that the applicant failed to provide substantial medical evidence to rebut the scheduled rating. The Board clarified that the burden of proof for rebuttal rests with the applicant and that a conclusory statement of "loss of function" is insufficient.

Workers' Compensation Appeals BoardPermanent DisabilityAMA GuidesReconsiderationJoint Findings and AwardIndustrial InjuryRebuttalWhole Person ImpairmentMedical OpinionAgreed Medical Evaluator
References
9
Case No. ADJ15770229; ADJ18313380
Regular
Mar 14, 2025

KEITH WILLIAMS vs. COUNTY OF SAN LUIS OBISPO, INTERCARE ROSEVILLE

The Workers' Compensation Appeals Board denied the defendants' petition for reconsideration regarding the permanent disability award for applicant Keith Williams. Defendants contested the finding that Williams's psychiatric disability was solely industrial, arguing for apportionment to non-industrial factors based on a Panel Qualified Medical Evaluator's report. However, the Board adopted the Workers' Compensation Administrative Law Judge's recommendation, finding the primary treating physician's assessment of 100% industrial causation, stemming from a knifepoint assault and kidnapping incident in 2019, to be more compelling and supported by the applicant's trial testimony and the overall evidence.

Workers' Compensation Appeals BoardPetition for ReconsiderationDeniedPrimary Treating PhysicianPanel Qualified Medical EvaluatorApportionmentNon-industrial factorsSubstantial evidenceLabor Code section 590960-day rule
References
1
Case No. ADJ8897986
Regular
Feb 22, 2019

DOUG BROCK vs. PLACER COUNTY, Permissibly Self-Insured, Administered by INTERCARE ROSEVILLE

The Workers' Compensation Appeals Board granted reconsideration to a lien claimant for photocopying services. The Board overturned the WCJ's decision, which had barred claims for services over 18 months prior to the lien filing date. The Board found that, similar to ongoing medical treatment, a series of connected record requests constituted a continuing pattern, justifying the lien filing based on the last date of service. The case was returned to the WCJ for further proceedings consistent with this interpretation.

Med-Legal PhotocopyLien ClaimStatute of LimitationsLabor Code Section 4903.5(a)Petition for ReconsiderationCumulative Trauma InjuryCorrectional OfficerCompromise and ReleaseSubpoenasOngoing Medical Treatment
References
1
Case No. ADJ10211772
Regular
Dec 06, 2016

KELLY TUCKETT vs. CITY OF BELLFLOWER, YORK ROSEVILLE

This case involves a Petition for Reconsideration filed by Applicant Kelly Tuckett against the City of Bellflower and York Roseville. The Workers' Compensation Appeals Board (WCAB) dismissed the petition because it was filed in response to a non-final order. California law dictates that reconsideration can only be sought from final orders that determine substantive rights, liabilities, or threshold issues. The WCAB found the administrative law judge's decision addressed only an intermediate procedural or evidentiary matter, not a final determination.

Petition for ReconsiderationNon-final orderFinal orderSubstantive rightLiabilityThreshold issueInterlocutory decisionProcedural decisionEvidentiary decisionWCJ report
References
4
Case No. ADJ4369942 (VNO 0550802) ADJ7224090; ADJ6904832
Regular
Oct 11, 2010

JIM WIGHT vs. COUNTY OF LOS ANGELES, INTERCARE INSURANCE SERVICES

The Workers' Compensation Appeals Board (WCAB) has denied the applicant's, Jim Wight's, Petition for Reconsideration in this case against the County of Los Angeles and Intercare Insurance Services. The WCAB adopted and incorporated the reasoning of the workers' compensation administrative law judge (WCJ) in their report. Therefore, the petition for reconsideration is officially denied.

Workers' Compensation Appeals BoardDenying ReconsiderationAdministrative Law JudgePetition for ReconsiderationCounty of Los AngelesIntercare Insurance ServicesADJ4369942VNO 0550802ADJ7224090ADJ6904832
References
0
Case No. ADJ784406 (FRE 0235717) ADJ1582511 (FRE 0243418)
Regular
Apr 02, 2013

ALTON TALLEY vs. MARK ONE CORPORATION, NBJ/ELNESS CONVALESCENT HOSPITAL, INTERCARE INSURANCE SERVICES

The Workers' Compensation Appeals Board denied reconsideration of an arbitration decision regarding medical expense allocation. The decision relied on Dr. Baker's opinion that the December 12, 2006 injury, insured by Intercare, was primarily responsible for treatment expenses between that date and December 10, 2008. The petitioner argued Dr. Baker's report was not substantial evidence and that Dr. Murphy's report should prevail. However, the Board adopted Dr. Baker's report, noting Dr. Murphy's own report largely concurred with its findings for the disputed period.

WORKERS' COMPENSATION APPEALS BOARDALTON TALLEYMARK ONE CORPORATIONNBJ/ELNESS CONVALESCENT HOSPITALINTERCARE INSURANCE SERVICESRICHARD G. BAKERM.D.DR. MURPHYSUBSTANTIAL EVIDENCEMEDICAL OPINION
References
0
Case No. ADJ1654619
Regular
Jun 29, 2011

PATRICIA MEEHAN vs. KAISER FOUNDATION, COMPREHENSIVE COMM. HOME HEALTH, UCSF, FRANKLIN BENEVOLENT CENTER; INTERCARE ROSEVILLE, KAISER OAKLAND, COUNTY OF CONTRA COSTA, SEDGWICK UC 14533 OAKLAND

This case, ADJ1654619, concerns Patricia Meehan's workers' compensation claim against Kaiser Foundation and other entities. The Workers' Compensation Appeals Board has issued an order denying reconsideration of a prior decision. The Board adopted and incorporated the report of the workers' compensation administrative law judge as the basis for this denial. Therefore, the petitions for reconsideration are denied.

Patricia MeehanKaiser FoundationWorkers' Compensation Appeals BoardReconsideration DeniedAdministrative Law Judge ReportADJ1654619WCK 0059968Comprehensive Comm. Home HealthUCSFFranklin Benevolent Center
References
0
Case No. ADJ1143803 (OXN 0128653) ADJ2709854 (OXN 0142376)
Regular
Nov 01, 2011

SALVADOR PAZ vs. MARTINEZ PAINTING & WALL COVERING, MB PAINTING, CIGA, for CREDIT GENERAL INSURANCE COMPANY, INTERCARE, CIGA for UNITED PACIFIC INSURANCE COMPANY, INTERCARE, STATE FARM INSURANCE COMPANY, ACE USA

This case involves a painter, Salvador Paz, who sustained cumulative and specific injuries to his back, shoulder, wrist, neck, and foot. The Workers' Compensation Appeals Board denied petitions for reconsideration from State Farm, CIGA, and the applicant. The Board upheld the original findings, which apportioned permanent disability at 72% to the specific injury (CIGA via Credit General) and 28% to the cumulative trauma (ACE USA and State Farm). Liability for temporary disability was also divided, and State Farm's arguments regarding an unequal division and due process were rejected.

CIGAState Farmcumulative injuryspecific injuryapportionmenttemporary disabilitypermanent disabilityvocational expertPetition for ReconsiderationCredit General Insurance
References
1
Case No. ADJ3687516
Regular
Jan 26, 2012

RAMONA ANAYA, JUAN JOSE GONZALEZ, JESUS CERVANTES, JULIE ANN CABEZA, WALTER CRABTREE vs. PORT HUENEME UNIFIED SCHOOL DISTRICT, J. M. SMUCKERS, SPECIALTY RISK SERVICES, AMERICAN TECHNOLOGIES, INC., AIG DOMESTIC CLAIMS, INC., GHL ENTERPRISES, CIGA, INTERCARE INSURANCE SERVICES, INC., PAULA INSURANCE COMPANY, MARY HEALTH OF THE SICK, REDISED INSURANCE, CRAWFY AND COMPANY, M.R. AUTOMOTIVE, CIGA, Administrative inTERCARE INSURANCE SERVICES, HIH AMERICA COMPENSATION

The Workers' Compensation Appeals Board denied Attorney M. Francesca Hannan's request for a waiver of fees or a payment plan for reporter's transcripts. Hannan sought the transcripts to support allegations of bias by a Workers' Compensation Judge and claimed financial hardship and limited time for preparation. The Board found no legal basis for the fee waiver or payment plan under applicable rules and statutes, though it affirmed Hannan's right to obtain the transcripts upon payment.

WCABPetitionReporter's TranscriptFee WaiverPayment PlanGovernment Code 68632Administrative Director Rule 9990Appeals Board Rule 10740AnayaLien Trial
References
0
Case No. ADJ10061166
Regular
Oct 02, 2015

Lorenzo Lujan vs. RAMCO, INTERCARE

The Workers' Compensation Appeals Board granted the applicant's Petition for Removal, overturning a prior order that denied his request to change venue. The applicant resides in Santa Barbara County, where his injury occurred and his attorney's office is located, and he properly designated Santa Barbara for venue. Despite the Workers' Compensation Division's website listing Santa Barbara as a "Satellite office," the Board found it provides the same essential services as other district offices. Therefore, venue was transferred to the Santa Barbara District Office, as required by Labor Code section 5501.5(a).

Petition for RemovalOrder Denying Change of VenueLabor Code section 5501.5applicant's residencelocation of injuryattorney's principal place of businessSanta Barbara District OfficeSan Luis Obispo District OfficeSatellite officemandatory venue
References
1
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