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

Case No. ADJ3362717 (VNO 0348210) ADJ785044 (VNO 0327922)
Regular
Jul 02, 2012

JEAN WHITE vs. TACO BELL CORPORATION, ZURICH INSURANCE COMPANY

This case involves Jean White's workers' compensation claim against Taco Bell Corporation and its insurer, Zurich Insurance Company. The Workers' Compensation Appeals Board (WCAB) has issued an order denying White's petition for reconsideration. The WCAB adopted the findings of the workers' compensation administrative law judge (WCJ) in its decision.

WCABOrder Denying ReconsiderationPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeWCJ reportJean WhiteTaco Bell CorporationZurich Insurance CompanyADJ3362717VNO 0348210
References
Case No. ADJ3362717 (VNO 0348210) MF ADJ785044 (VNO 0327922)
Regular
Dec 02, 2016

JEAN WHITE vs. TACO BELL CORPORATION, ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration regarding unpaid medical treatment benefits. While the applicant sought monetary compensation for delayed assisted living, the Board affirmed the administrative law judge's finding that no statute or case law supports awarding damages for such unpaid benefits. However, the Board upheld the judge's imposition of penalties, sanctions, and attorney's fees against the defendant for bad faith delay in providing medical treatment. The case is also being referred to the Audit Unit for potential civil penalties against the defendant.

Workers' Compensation Appeals BoardJean WhiteTaco Bell CorporationZenith Insurance CompanyJoint Findings And Award And OrderPetition for ReconsiderationAccrued Medical Treatment BenefitsLabor Code Section 5814Labor Code Section 5813Bad Faith Conduct
References
Case No. STK 0209780 STK 0209781
Regular
Feb 08, 2008

TAMARA JEAN STAFFORD vs. LODI UNIFIED SCHOOL DISTRICT, ALTERNATIVE SERVICE CONCEPTS

The Workers' Compensation Appeals Board denied the Lodi Unified School District's petition for reconsideration, affirming the administrative law judge's award of pain medications and trigger-point injections to applicant Tamara Jean Stafford. The Board found the defendant's utilization review physician improperly applied ACOEM guidelines, which primarily address acute injuries, to the applicant's chronic condition. The Board clarified that while ACOEM guidelines are presumptively correct, variances are permissible when reasonably required to cure and relieve an employee's injury effects, as demonstrated by the applicant's treating physician's recommendations.

Workers' Compensation Appeals BoardLodi Unified School DistrictAlternative Service ConceptsTamara Jean StaffordPetition for ReconsiderationFindings and AwardMedical TreatmentPrimary Treating PhysicianACOEM GuidelinesUtilization Review
References
Case No. ADJ11184599, ADJ11184523
Regular
Feb 24, 2020

Gregory White vs. Sky 2 Collision Corporation, Illinois Midwest Insurance Company, Inc., National Casualty Company

The Workers' Compensation Appeals Board denied Gregory White's petition for reconsideration of a $47\%$ permanent disability award. White argued he was permanently totally disabled due to vocational limitations, but the Board found substantial evidence supported his ability to benefit from vocational rehabilitation. The Board affirmed the Administrative Law Judge's finding that White was not permanently totally disabled and that his vocational expert's report was less persuasive than the defense vocational expert's. Issues regarding vocational costs were deferred pending a separate petition.

Cumulative traumaSpecific injuryLow back injuryLumbar spineBacterial infectionStreptoccocusLaminectomyPermanent disabilityVocational rehabilitationQualified injured worker
References
Case No. ADJ7888241, ADJ9249140
Regular
Mar 02, 2016

Bruce White vs. Montecito Country Club (MCC BB Property, LLC), Liberty Mutual Insurance Company

The applicant, Bruce White, sought reconsideration of a Workers' Compensation Appeals Board (WCAB) decision that awarded him 52% permanent disability for a back injury. White argued he was 100% disabled, relying on a PQME's opinion, but the WCAB found this opinion conclusory and lacking substantial evidence. The WCAB affirmed the 52% rating, stating it was presumptively correct and supported by the evidence. Therefore, the Petition for Reconsideration was denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings Award and OrderCumulative InjuryPermanent DisabilityPanel Qualified Medical EvaluatorAMA GuidesRange of Motion MethodLumbar SpineRadiculopathy
References
Case No. ADJ7255523
Regular
Dec 10, 2015

JEAN THOMPSON vs. LUCKY SAVEMART SUPERMARKETS, PEGASUS RISK MANAGEMENT

In this workers' compensation case, the applicant sought to disqualify the Administrative Law Judge (ALJ) assigned to a lien conference. The applicant based their request on grounds specified in Code of Civil Procedure section 641. However, the ALJ subsequently recused himself, and the matter was reassigned to a different ALJ. Consequently, the Workers' Compensation Appeals Board (WCAB) dismissed the petition for disqualification as moot.

WCABPetition for DisqualificationWCJLien ConferenceCode of Civil Procedure section 641MootRecusedAdministrative Law JudgeWorkers' Compensation Appeals BoardPegasus Risk Management
References
Case No. ADJ2630857 (SBR 0297019) ADJ3812701 (SBR 0297018)
Regular
Mar 09, 2012

Jack S. Vogel, Jr. vs. Remedy Intelligent Staffing, California Insurance Guarantee Association (CIGA), INTERCARE INSURANCE SERVICES, RELIANCE INSURANCE COMPANY, White Cap Industries, Inc., AMERICAN CASUALTY COMPANY

The Workers' Compensation Appeals Board granted CIGA's petition for reconsideration, finding White Cap Industries to be the applicant's special employer. The Board determined that White Cap's insurance policy with American Casualty Company covered special employees and constituted "other insurance" under Insurance Code section 1063.1. Consequently, CIGA is relieved of liability for the applicant's workers' compensation benefits. The case is returned to the trial level for further proceedings.

CIGASpecial EmploymentGeneral EmploymentOther InsuranceJoint and Several LiabilityInsurance Code Section 1063.1Employers' Liability CoverageWorkers' Compensation CoverageLachesPrejudice
References
Case No. ADJ8804514 ADJ8804516
Regular
Jul 05, 2017

Barbara Jean Oaxaca vs. Fresno Unified School District

The Workers' Compensation Appeals Board denied the employer's petition for reconsideration. The Board upheld the administrative law judge's finding that the applicant sustained a single period of cumulative trauma injury to her shoulders, hips, and back between 2004 and 2011. This ruling was based on the Agreed Medical Examiner's opinion that prior injuries and conditions did not warrant apportionment and were subsumed into the cumulative trauma. The Board affirmed the $37\%$ permanent disability award and the need for further medical treatment.

Workers' Compensation Appeals BoardFresno Unified School DistrictBarbara Jean Oaxacaindustrial injurycumulative traumabilateral shouldersbilateral hipsbackpermanent disabilityAgreed Medical Examiner
References
Case No. ADJ366995
Regular
Jan 31, 2011

MARVIN BRANSCOMB (Deceased), MABLE JEAN BRANSCOMB (Widow) vs. CITY OF COMPTON, COUNTY OF LOS ANGELES

The Workers' Compensation Appeals Board denied the City of Compton's petition for a stay of a $\$250,000$ death benefit award. The award was for prostate cancer, determined to be work-related for a deceased deputy sheriff. The Board explained that it can effectively stay execution by withholding the certified copy of the award, which is its standard practice during pending appellate review. Therefore, a separate stay order is unnecessary.

Workers' Compensation Appeals BoardPetition for StayFindings and AwardDeath BenefitsPetition for Writ of ReviewReconsiderationCertified Copy of AwardWithholding Certified CopyStay of ExecutionLabor Code § 5808
References
Case No. ADJ7929615
Regular
Sep 04, 2012

LAURA LOPEZ vs. WHITE MEMORIAL MEDICAL CENTER

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration of a prior decision. This action was taken to allow for further study of the factual and legal issues involved. The Board intends to issue a just and reasoned decision after a more complete understanding of the record. All future communications in this matter should be submitted in writing directly to the WCAB's Commissioners' office.

Workers' Compensation Appeals BoardReconsiderationPetition for ReconsiderationWhite Memorial Medical CenterLaura LopezPermissibly Self-InsuredMedical CenterDecision Filing DateStatutory Time ConstraintsFactual Issues
References
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