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

Case No. ADJ2024655 (SAC 0331505)
Regular
Apr 24, 2009

MAURICE WEBSTER vs. JOHN L. SULLIVAN CHEVROLET, SAFETY NATIONAL CASUALTY CORPORATION

This order denies Maurice Webster's petition for reconsideration in his workers' compensation case against John L. Sullivan Chevrolet and Safety National Casualty Corporation. The Workers' Compensation Appeals Board (WCAB) reviewed the petition and the report of the workers' compensation administrative law judge (WCJ). Finding no basis for reconsideration, the WCAB adopted the WCJ's reasoning and denied the petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeDenying ReconsiderationMaurice WebsterJohn L. Sullivan ChevroletSafety National Casualty CorporationADJ204655SAC 0331505Gregory G. Aghazarian
References
Case No. ADJ3255503 (SDO 0362975)
Regular
Jan 27, 2010

JOHN KOSICH vs. COUNTY OF SAN DIEGO SHERIFF'S DEPARTMENT

This case involves the Workers' Compensation Appeals Board correcting a clerical error in a previous order. The defendant, County of San Diego Sheriff's Department, had petitioned for reconsideration of a decision regarding injured worker John Kosich. The Board is correcting its January 25, 2010 Opinion and Order to reflect the correct injured worker's name as John Kosich, not James Kosich.

Workers' Compensation Appeals BoardClerical Error CorrectionPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeInjured Worker Name CorrectionCounty of San Diego Sheriff's DepartmentPermissibly Self-InsuredADJ3255503SDO 0362975Opinion and Order
References
Case No. ADJ8451841
Regular
Oct 31, 2014

AVIS ADAMS vs. LABCORP, ACE AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration because it was based on medical reports and deposition excerpts not present in the evidentiary record, violating WCAB Rule 10842(b). The Board adopted the Workers' Compensation Judge's report, which found the applicant sustained an industrial injury to her left shoulder and hand based on substantial medical evidence, including the Agreed Medical Evaluator's opinion. The Judge's report also noted the defendant failed to provide any medical evidence supporting alternative causes for the injury. Therefore, the defendant's petition, lacking proper evidentiary support and violating procedural rules, was denied.

Petition for ReconsiderationWCAB Rule 10842(b)evidentiary recordAgreed Medical Evaluator (AME)John G. LaneM.D.industrial injuryleft shoulderleft handcumulative trauma
References
Case No. ADJ3093533 (MON 259690) ADJ676332 (MON 257523)
Regular
May 15, 2009

PEARLENE POWELL vs. SO. CALIFORNIA PERMANENTE MEDICAL GROUP, KAISER PERMANENTE MEDICAL CARE PROGRAM; ST. JOHN'S HEALTH CENTER, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

The Appeals Board denied Kaiser's petition for reconsideration, upholding the finding that the applicant's permanent disability was 100% and not subject to apportionment to St. John's employment. St. John's petition for reconsideration was granted in part to correct a procedural error. The Board amended the prior decision to reinstate the applicant's January 11, 2005 Amended Findings, Award and Order, confirming the prior findings.

ApportionmentAgreed Medical ExaminerSubstantial EvidencePermanent DisabilityReconsiderationPetitionFindings and OrderAmended FindingsAwardOrder
References
Case No. ADJ4716833 (VNO 0556240)
Regular
Oct 20, 2011

JASON DRION vs. T & G ROOFING, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed Jason Drion's petition for reconsideration. The dismissal was primarily based on the petition being untimely. Even if considered on its merits, the WCAB would have denied reconsideration according to the administrative law judge's report. Therefore, the petition was officially dismissed.

Petition for ReconsiderationWorkers' Compensation Appeals BoardWCJ ReportDismissedUntimelyMeritsAdministrative Law JudgeJason DrionT&G RoofingState Compensation Insurance Fund
References
Case No. ADJ3003658 (SFO 0395337)
Regular
Mar 08, 2012

JOHN CANZIANI vs. CITY OF SAN RAFAEL

In Case No. ADJ3003658, the Applicant, John Canziani, filed a Petition for Reconsideration of a prior decision. However, the petitioner subsequently withdrew this petition. Consequently, the Workers' Compensation Appeals Board has issued an order dismissing the petition for reconsideration as requested.

Petition for ReconsiderationWithdrawn PetitionDismissed PetitionWorkers' Compensation Appeals BoardApplicantDefendantCity of San RafaelPermissibly Self-InsuredCase NumberOrder Dismissing
References
Case No. ADJ4222164 (VNO 0413943)
Regular
Jun 08, 2010

JOHN PIERRE vs. THE BOEING COMPANY, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA

The Workers' Compensation Appeals Board denied John Pierre's Petition for Reconsideration against The Boeing Company. The Board adopted the reasoning of the workers' compensation administrative law judge's report. No specific details of the underlying claim or the judge's reasoning are provided in this order. This order officially denies the petition.

WORKERS' COMPENSATION APPEALS BOARDJOHN PIERRETHE BOEING COMPANYINSURANCE COMPANY OF THE STATE OF PENNSYLVANIAAIG CLAIMS SERVICESINC.ADJ4222164VNO 0413943ORDER DENYING RECONSIDERATIONPetition for Reconsideration
References
Case No. ADJ1924707
Regular
May 29, 2009

JOHN PAUL vs. NAPA VALLEY PACKAGING, INC., STATE COMPENSATION INSURANCE FUND

This Workers' Compensation Appeals Board order denies John Paul's Petition for Reconsideration. The Board adopts and incorporates the reasoning of the Workers' Compensation Judge's report. The petition is denied based on the review of the record.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportdeny reconsiderationNapa Valley PackagingState Compensation Insurance FundADJ1924707SRO 0139678John Pauladministrative law judge
References
Case No. ADJ10024494, ADJ8067794
Regular
May 30, 2017

JOHN CLINGINGSMITH vs. CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION, STATE COMPENSATION INSURANCE FUND STATE EMPLOYEES

The Workers' Compensation Appeals Board (WCAB) denied John Clingingsmith's Petition for Reconsideration. The WCAB adopted and incorporated the report of the workers' compensation administrative law judge (WCALJ). The decision means the WCALJ's prior ruling stands, and Clingingsmith's petition for review of that ruling was unsuccessful.

Petition for ReconsiderationWorkers' Compensation Appeals BoardWCJ reportdeny reconsiderationADJ10024494ADJ8067794Van Nuys District OfficeDeidra E. LoweKatherine ZalewskiCristine E. Gondak
References
Case No. ADJ8546247
Regular
Sep 22, 2014

CHERYL VICKERY vs. SAVEMART SUPERMARKETS

In this workers' compensation case, the defendant, SaveMart Supermarkets, sought reconsideration of an administrative law judge's award finding applicant sustained industrial injury and required future medical treatment. SaveMart argued the Appeals Board lacked jurisdiction due to the applicant's prior Independent Medical Review (IMR) of a denied treatment authorization. The Board denied reconsideration, primarily because SaveMart's own Utilization Review denial was untimely under Labor Code section 4610(g)(1). The Board also noted procedural defects in SaveMart's petition for reconsideration.

WCABCHERYL VICKERYSAVEMART SUPERMARKETSADJ8546247OPINION AND ORDER DENYING PETITION FOR RECONSIDERATIONindustrial injuryneckleft shouldergrocery checkerfuture medical treatment
References
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