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

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
Case No. ADJ11369357, ADJ11369329
Regular
May 21, 2025

GLORIA DAVIS vs. KAISER FOUNDATION HOSPITAL, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

Gloria Davis, the applicant, sought reconsideration of Findings and Orders issued on February 7, 2025. The original orders found she sustained a lumbar spine injury but denied her Labor Code section 132a claim for discrimination. Davis contended that the F&O was a result of fraud and WCJ bias, specifically regarding her termination from Kaiser Foundation Hospital for alleged HIPAA violations. The Workers' Compensation Appeals Board reviewed the petition, the defendant's answer, and the WCJ's report. The Board denied reconsideration, upholding the WCJ's credibility determination and finding no evidence that Davis was discriminated against due to her industrial injuries.

WORKERS' COMPENSATION APPEALS BOARDGLORIA DAVISKAISER FOUNDATION HOSPITALSEDGWICK CLAIMS MANAGEMENT SERVICESINC.ADJ11369357ADJ11369329Oakland District OfficeOPINION AND ORDER DENYING PETITION FOR RECONSIDERATIONpatient care technician
References
Case No. ADJ10443669
Regular
Oct 04, 2017

Donna Carter vs. Rose International Group, OneBeacon Insurance Group

The Appeals Board affirmed the Workers' Compensation Judge's finding that Donna Carter sustained an industrial injury to her right knee and left wrist on May 18, 2016. Despite inconsistencies in the applicant's testimony regarding a slip and fall incident, her account was corroborated by a witness who found her on the floor. Medical records from the day of the incident also supported the applicant's claim, establishing a clear mechanism of injury. The Board found that the common sense nature of a slip and fall does not require expert medical opinion to establish industrial causation for the incident itself.

ADJ10443669Rose International GroupOneBeacon Insurance GroupDonna CarterWorkers' Compensation Appeals BoardOpinion and Decision After Reconsiderationslip and fallindustrial injuryright kneeleft wrist
References
Case No. ADJ9967699, ADJ9967700
Regular
May 05, 2017

MARIA CUCCIA COLE vs. KAISER FOUNDATION HEALTHPLAN, SEDGWICK KAISER LEXINGTON

This case involves a Petition for Removal filed by Maria Cuccia Cole. The Workers' Compensation Appeals Board (WCAB) denied this petition, finding that removal is an extraordinary remedy that requires a showing of substantial prejudice or irreparable harm. The WCAB adopted the reasoning of the workers' compensation administrative law judge, concluding that the petitioner failed to demonstrate such harm or that reconsideration would be an inadequate remedy. Therefore, the WCAB affirmed the denial of the Petition for Removal.

Workers' Compensation Appeals BoardPetition for RemovalWCJ ReportSubstantial PrejudiceIrreparable HarmReconsiderationExtraordinary RemedyCortez v. WCABKleemann v. WCABADJ9967699
References
Case No. ADJ461140 (MON 0313465) ADJ7648143
Regular
Jul 10, 2013

MARIA MARTIN vs. KAISER PERMANENTE

The Workers' Compensation Appeals Board denied Kaiser Permanente's petition for reconsideration. The Board adopted the WCJ's report, finding the defendant's factual misstatement regarding Dr. Sohn's apportionment testimony significant. Despite Kaiser's assertions, the Board affirmed the applicant's 100% permanent total disability after applying a small portion of non-industrial apportionment to the lumbar spine. This apportionment did not alter the applicant's inability to compete in the open labor market.

Workers' Compensation Appeals BoardKaiser PermanentePetition for ReconsiderationDeniedWCJDr. SohnLumbar SpineNon-Industrial ApportionmentPermanently Totally DisabledBenson Case
References
Case No. ADJ10656062
Regular
Jul 20, 2018

FLORIVINA VIEYRA vs. KAISER PERMANENTE, SEDGWICK CMS

The Appeals Board denied Kaiser Permanente's Petition for Removal because it failed to demonstrate substantial prejudice or irreparable harm. Removal is an extraordinary remedy rarely granted, requiring more than the possibility of an adverse reconsideration. The Board found the WCJ's analysis persuasive, concluding that reconsideration would be an adequate remedy. Kaiser Permanente and its counsel were admonished that filing a frivolous petition could result in sanctions.

Petition for RemovalExtraordinary RemedySubstantial PrejudiceIrreparable HarmReconsiderationFrivolous PetitionSanctionsLab Code § 5813Cal. Code Regs. § 10561WCJ Report
References
Case No. ADJ9497391
Regular
Nov 19, 2014

STEVEN TOTH vs. KAISER PERMANENTE, administered by SEDGWICK CMS

The Workers' Compensation Appeals Board (WCAB) dismissed Kaiser Permanente's Petition for Removal because the issue giving rise to the petition was resolved. Kaiser sought removal of a WCJ's order requiring their claims adjuster to appear with the entire claims file. However, the adjuster appeared, the case was resolved, and no further issues remained pending. Consequently, the WCAB deemed the removal petition moot and dismissed it.

Petition for RemovalWorkers' Compensation Appeals BoardClaims FileMootDismissedWCJClaims AdjusterResolved CaseADJ9497391Kaiser Permanente
References
Case No. ADJ1622766 (STK 0175350)
Regular
Oct 07, 2008

FRANCIS NZIBO vs. KAISER PERMANENTE, CALIFORNIA WORKERS' COMPENSATION

The applicant sought penalties against Kaiser Permanente for allegedly delaying authorization of cervical surgery. While an initial award favored the applicant, subsequent proceedings addressed the proper dispute resolution mechanism for medical treatment denials under California law. The Board affirmed the denial of penalties, finding Kaiser Permanente reasonably relied on utilization review and followed the then-available dispute process, even if later clarified by the Supreme Court.

Workers' Compensation Appeals BoardKaiser PermanenteFrancis NziboUtilization ReviewSpinal SurgeryBrasher v. Nationwide Studio FundDWC Form 233Labor Code Sections 4062(b)46105814.5
References
Case No. ADJ3015289 (FRE 0242633)
Regular
Jan 06, 2012

SHARON LONG vs. KAISER FOUNDATION HOSPITALS administered by KAISER PERMANENTE

This case involves applicant Sharon Long's claim for workers' compensation benefits due to cumulative trauma sustained as a registered nurse for Kaiser Foundation Hospitals. The Workers' Compensation Appeals Board granted reconsideration, reversing the initial denial of industrial injury. The Board found that Dr. Dureza's opinion, which attributed 33% of applicant's injuries to cumulative trauma from her nursing duties, constituted substantial evidence of industrial causation. The Board remanded the case for further proceedings on orthopedic benefits and the psychiatric injury claim, deferring the EDD lien.

Workers' Compensation Appeals BoardKaiser Foundation HospitalsSharon LongIndustrial InjuryCumulative TraumaRegistered NurseNeck InjuryLow Back InjurySpine InjuryPsyche Injury
References
Case No. ADJ3813213 (LAO 0880628) ADJ426875 (LAO 0739120) ADJ448791 (LAO 0739119)
Regular
May 18, 2015

ALEXANDRA McSPORRAN vs. MIDWAY HOSPITAL, TRAVELERS PROPERTY CASUALTY COMPANY, KAISER PERMANENTE FOUNDATION HOSPITAL, UCLA MEDICAL CENTER

This case involves applicant Alexandra McSporran's claims for industrial injuries sustained as a nurse across three distinct periods ending in 1999, 2003, and 2008, against defendants Midway Hospital, Travelers, Kaiser, and UCLA. The Workers' Compensation Appeals Board (WCAB) denied reconsideration for both the applicant and Kaiser. The applicant argued for a single cumulative injury and against apportionment of permanent disability, while Kaiser raised statute of limitations and evidentiary objections. The WCAB adopted the WCJ's reasoning, denying both petitions and affirming the prior award.

Workers' Compensation Appeals BoardAlexandra McSporranMidway HospitalTravelers Property Casualty CompanyKaiser Permanente Foundation HospitalUCLA Medical CenterPermissibly Self-InsuredJoint Findings Award and Ordercumulative injurystatute of limitations
References
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