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

Case No. ADJ9198656; ADJ9192994
Regular
Jul 07, 2025

JEANETTE LIRA vs. COTTAGE HEALTH SYSTEM, PSI, SANSUM SANTA BARBARA MEDICAL, ZURICH AMERICAN INSURANCE COMPANY

Defendants Cottage Health System and Zurich American Insurance Company sought reconsideration of a Joint Findings and Award. Cottage Health contended it was incorrectly identified as the liable employer instead of Sansum Santa Barbara Medical, insured by Zurich. Zurich argued there were multiple injuries or that compensation was barred by the statute of limitations. The Appeals Board denied Zurich's petition, granted Cottage Health's petition, and amended the award to reflect Sansum Santa Barbara Medical, insured by Zurich American Insurance Company, as the liable party.

Workers' Compensation Appeals BoardJeanette LiraCottage Health SystemGallagher BassettZurich American Insurance CompanySansum Santa Barbara MedicalAdjudication NumbersJoint Findings and AwardPetition for ReconsiderationComplex Regional Pain Syndrome
References
Case No. ADJ1839782 (GOL 0101821), ADJ2471155 (GOL 0101822), ADJ3556721 (GOL 0101823)
Regular
Nov 20, 2012

JEANETTE ZINKE vs. MENTOR CORPORATION, LIBERTY MUTUAL INSURANCE COMPANY-BEAVERTON

This Workers' Compensation Appeals Board case involved a clerical error in the caption of a prior Order Denying Reconsideration. The order erroneously listed "Employers Compensation" as the defendant insurance carrier instead of the correct entity, "Liberty Mutual Insurance Company-Beaverton." The Board issued this order to correct that clerical error. Such corrections are permissible at any time without further proceedings.

Order Denying ReconsiderationClerical Error CorrectionWorkers' Compensation Appeals BoardLiberty Mutual Insurance Company-BeavertonEmployers CompensationCaption CorrectionAlfonso J. MoralesRonnie G. CaplaneFrank M. BrassGOL District Office
References
Case No. ADJ8015423
Regular
Nov 19, 2013

REMEDIOS LIRA vs. PREMIUM PACKING, INC., SEDGWICK CMS (Claims Administrator)

The Workers' Compensation Appeals Board granted the defendant's Petition for Reconsideration concerning an applicant's psychiatric injury claim. The WCJ had previously found the injury compensable and not barred by the post-termination defense. The defendant argued they had no notice of the psychiatric injury prior to termination, and the WCJ's report introduced the "sudden and extraordinary" event defense for the first time. The Board granted reconsideration to allow the defendant to respond to this new issue, pending further proceedings.

ADJ8015423Remedios LiraPremium PackingInc.Sedgwick CMSPetition for ReconsiderationFindings and Awardindustrial injurypsychepost-notice of termination
References
Case No. ADJ1335893 (SFO 0434184)
Regular
Aug 18, 2009

JEANETT BUTLER vs. CHARLES SCHWAB & COMPANY, ACE

The Workers' Compensation Appeals Board (WCAB) has dismissed Jeanette Butler's petition for reconsideration in her case against Charles Schwab & Company and ACE. The WCAB adopted and incorporated the reasons stated in the administrative law judge's report and recommendation. Therefore, the petition for reconsideration is officially dismissed.

Petition for ReconsiderationWorkers' Compensation Appeals BoardDismissalReport and RecommendationWCJAdministrative Law JudgeApplicantDefendantCharles Schwab & CompanyACE
References
Case No. ADJ10738767; ADJ14240277; ADJ14240278
Regular
Jun 18, 2025

JEANETTE FRANCE vs. LOS ANGELES DEPARTMENT OF WATER & POWER

Applicant Jeanette France sought reconsideration of a Workers' Compensation Administrative Law Judge's (WCJ) decision, which had found that she failed to prove discrimination under Labor Code section 132a following her termination. The Appeals Board granted France's petition for reconsideration, rescinded the previous Findings and Award, and substituted new findings. The Board concluded that the defendant, Los Angeles Department of Water & Power, violated Labor Code section 132a by discharging France on February 1, 2017. This decision was based on France establishing a prima facie case of discrimination, and the defendant failing to provide substantial evidence of a legitimate, non-discriminatory reason for the termination, despite allegations of poor performance.

Labor Code Section 132adiscriminationretaliationterminationindustrial injuryprima facie caseburden of proofpretextbusiness realitiesemergency hire
References
Case No. ADJ2104277 (LBO 0294626)
Regular
Jun 14, 2013

JEANETTE COOK vs. THE BOEING COMPANY/MCDONNEL DOUGLAS CORPORATION, CIGA by its servicing facility, SEDGWICK CLAIMS MANAGEMENT SERVICES for FREMONT INDEMNITY, in liquidation

The Workers' Compensation Appeals Board granted reconsideration of a March 27, 2013, decision regarding Jeanette Cook's claim against The Boeing Company/McDonnell Douglas Corporation. This action was taken to allow for further review of the case's factual and legal issues, ensuring a just and reasoned decision. Pending a decision after reconsideration, all future communications must be filed in writing with the Board's Commissioners and not electronically.

Workers' Compensation Appeals BoardPetition for ReconsiderationDecision After ReconsiderationStatutory time constraintsFactual and legal issuesJust and reasoned decisionFurther proceedingsOffice of the CommissionersElectronic Adjudication Management SystemDistrict Office
References
Case No. ADJ1839782 (GOL 0101821) ADJ2471155 (GOL 0101822) ADJ3556721 (GOL 0101823)
Regular
Sep 27, 2012

JEANETTE ZINKE vs. MENTOR CORPORATION, EMPLOYERS COMPENSATION

The Workers' Compensation Appeals Board denied reconsideration of an order denying an applicant more than 104 weeks of temporary disability benefits. The applicant argued that the defendant delayed necessary treatment, justifying an extension of benefits, but failed to provide specific evidence to support claims of tolling or estoppel. Furthermore, the applicant's contention that the defendant should be sanctioned for delaying treatment was denied because it was not raised at trial. The Board affirmed the administrative law judge's report, finding no legal basis to extend the statutory limit on temporary disability.

WCABReconsiderationTemporary Disability104 weeksLabor Code § 4656(c)(1)EstoppelTollingSanctionsLabor Code § 5813AME
References
Case No. ADJ10738767
Regular
Apr 21, 2023

JEANETTE FRANCE vs. LOS ANGELES DEPARTMENT OF WATER & POWER

This case involves applicant's attempt to compel the personal appearance of an Agreed Medical Evaluator (AME) via subpoena duces tecum. The Workers' Compensation Appeals Board (WCAB) treated the applicant's motion as a Petition for Removal of the WCJ's order quashing the subpoena. The WCAB denied removal because the applicant failed to demonstrate significant prejudice or irreparable harm, as required by removal standards. Additionally, the Board noted the petition lacked proper verification, which would have been grounds for dismissal had it not been denied on its merits.

Petition for RemovalMotion to VacateOrder Quashing Subpoena Duces TecumAgreed Medical Evaluator (AME)Good CauseWCAB Rule 10682Personal AppearanceMedical EvidenceSignificant PrejudiceIrreparable Harm
References
Case No. ADJ4639861 (LAO 0771268)
Regular
Apr 30, 2012

JEANETTE LEBLANC vs. LUMONICS CORPORATION, MITSUI SUMITOMO MARINE MANAGEMENT

The Workers' Compensation Appeals Board granted reconsideration to address the defendant's challenge to the awarded period of temporary disability. The original award found the applicant continuously temporarily disabled from August 27, 1998, to October 29, 2007. However, the Board noted the Agreed Medical Examiner indicated the applicant reached permanent and stationary status at various times during this period. Consequently, the Board deferred the determination of the temporary disability period, remanding it to the WCJ to specifically identify and award indemnity for periods of actual temporary disability supported by medical evidence. The determination of the Employment Development Department's lien was also deferred pending this resolution.

ReconsiderationTemporary DisabilityPermanent DisabilityCumulative TraumaAgreed Medical ExaminerPermanent and Stationary StatusVocational TrainingArthroscopic SurgeryKnee ReplacementLumbar Spine
References
Case No. ADJ3196569 (POM 0282676)
Regular
Aug 28, 2009

JEANETTE DOMINGUEZ, vs. RICH PRODUCTS; ZURICH NORTH AMERICA INSURANCE

Lien claimants sought reconsideration of a WCJ's award of minimal amounts for pharmacy services, arguing they should have been paid their full billed amounts. The Workers' Compensation Appeals Board denied the petition, agreeing with the WCJ's findings that the billed amounts were not reasonable or necessary. The Board also noted the petition was procedurally deficient for lack of verification and for failing to clearly state contentions or reference the record. Therefore, the lien claimants' petition for reconsideration was denied on both substantive and procedural grounds.

Workers' Compensation Appeals BoardLien claimantsPetition for ReconsiderationFindings and AwardCompromise and ReleaseCumulative injuryProduction workerIndustrial injuryAdministrative law judgeWCJ Report
References
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