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Case No. SAC 0326274

Significant

JANELLE SCHEFTNER, Applicant vs. RIO LINDA SCHOOL DISTRICT, Permissibly Self-Insured

The Appeals Board affirmed the WCJ's decision, holding that the new apportionment statutes enacted by SB 899 do not apply to cases where an order of submission for decision existed prior to the new law's enactment on April 19, 2004.

SB 899apportionmentexisting ordersubmission orderreconsiderationJanelle ScheftnerRio Linda School DistrictWCJDr. NijjarDisability Evaluation Unit

References

Case No. SAC 0326274

En Banc

Oct 04, 2004

Janelle Scheftner vs. Rio Linda School District

The Appeals Board holds that orders closing discovery and submission orders issued prior to the enactment of SB 899 on April 19, 2004, are existing orders that cannot be reopened to apply the new apportionment statutes. The decision affirms the WCJ's findings on permanent disability and apportionment under the old law.

SB 899ApportionmentExisting orderSubmission orderReconsiderationPermanent disabilityLabor Code section 4663Mandatory settlement conferenceCausationProspective application

References

Case No. ADJ6624957

Regular

Aug 09, 2010

JANELLE DEVENNY vs. COUNTY OF SONOMA

The WCAB dismissed the defendant's petition for reconsideration as it was not from a final order. However, the Board granted removal, finding the applicant prejudiced by the WCJ's order to refer the cumulative trauma issue to a new physician. The Board concluded that the existing PQME, Dr. Xeller, demonstrated sufficient understanding of cumulative trauma and had expressed willingness to re-examine the applicant with additional information. Therefore, the WCAB rescinded the WCJ's order and returned the case for further proceedings, including a re-examination by Dr. Xeller.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalIndustrial InjuryCumulative TraumaPanel Qualified Medical EvaluatorAgreed Medical ExaminerMedical Record DevelopmentMedical-Legal DisputesSufficiency of Evidence

References

Case No. ADJ10110716

Regular

May 26, 2017

JANELLE JAVANSHIR vs. UCLA MEDICAL CENTER

The Workers' Compensation Appeals Board (WCAB) denied UCLA Medical Center's Petition for Removal in the case of *Javanshir v. UCLA Medical Center*. Removal is an extraordinary remedy, granted only upon a showing of substantial prejudice or irreparable harm, and that reconsideration would not be an adequate remedy. The WCAB found that the defendant failed to meet this high burden of proof, relying on the Administrative Law Judge's analysis of the merits. Therefore, the petition was denied, and the case will proceed through the standard appeals process.

RemovalAppeals BoardWCJsubstantial prejudiceirreparable harmreconsiderationextraordinary remedyPetition for RemovalSEDGWICK CLAIMS MANAGEMENT SERVICESUCLA MEDICAL CENTER

References

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JANELLE SCHEFTNER, Applicant vs. RIO LINDA SCHOOL DISTRICT, Permissibly Self-Insured

SB 899apportionmentexisting ordersubmission orderreconsiderationJanelle ScheftnerRio Linda School DistrictWCJDr. NijjarDisability Evaluation Unit

Janelle Scheftner vs. Rio Linda School District

SB 899ApportionmentExisting orderSubmission orderReconsiderationPermanent disabilityLabor Code section 4663Mandatory settlement conferenceCausationProspective application

JANELLE DEVENNY vs. COUNTY OF SONOMA

JANELLE JAVANSHIR vs. UCLA MEDICAL CENTER

RemovalAppeals BoardWCJsubstantial prejudiceirreparable harmreconsiderationextraordinary remedyPetition for RemovalSEDGWICK CLAIMS MANAGEMENT SERVICESUCLA MEDICAL CENTER