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

Case No. ADJ8709903, ADJ8659329, ADJ8710289, ADJ9678146, ADJ10093678
Regular
Dec 13, 2019

ROBERT FRANKLIN vs. THE KROGER COMPANY DBA FOOD-4LESS (PSI) and THE KROGER COMPANY DBA FOOD-4-LESS (PSI) ADMINISTERED AND ADJUSTED BY SEDGWICK

The Workers' Compensation Appeals Board denied Kroger's Petition for Removal of a WCJ's Minute Order setting a PQME deposition. Kroger argued the order improperly limited questioning to the cervical spine, violating due process. The Board held that the WCJ's notes on the deposition's purpose do not have the force of a formal order and do not restrict the defendant's ability to cross-examine. Therefore, removal was denied.

Petition for RemovalPanel Qualified Medical EvaluatorPQMEWCJDue ProcessAOE/COECervical SpineFusion Medical TreatmentPermanent and StationaryCross-examine
References
0
Case No. ADJ9092557, ADJ9862530
Regular
Oct 12, 2015

CONNIE STOTT vs. THE KROGER COMPANY DBA FOOD 4 LESS OF CALIFORNIA, INC., Permissibly Self-Insured

The Workers' Compensation Appeals Board (WCAB) dismissed Kroger's petition concerning case ADJ9092557, which was already resolved. Regarding case ADJ9862530, the WCAB dismissed Kroger's petition for reconsideration, ruling that the order denying their venue change request was not a final order. Furthermore, the WCAB denied Kroger's petition for removal, finding no showing of substantial prejudice or irreparable harm to justify this extraordinary remedy. Therefore, Kroger's attempt to move the venue of case ADJ9862530 from Long Beach to Riverside was unsuccessful.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalPetition to Change VenueInterlocutory OrderFinal OrderSubstantive RightsIrreparable HarmSubstantial PrejudiceWCJ Report
References
5
Case No. ADJ7188804; ADJ7196928
Regular
Feb 16, 2018

LURA SESSIONS vs. THE KROGER COMPANY, SEDGWICK ADMINISTRATORS

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration. The Board affirmed the original findings and award but amended it to defer the issue of temporary total disability. This decision stems from a dispute over the period of temporary total disability indemnity awarded to the applicant, Lura Sessions, for knee and psyche injuries sustained while employed by The Kroger Company. The case is being returned to the WCJ for further proceedings regarding temporary disability.

Workers Compensation Appeals BoardPetition for ReconsiderationFindings and AwardTemporary Total Disability IndemnityKnee InjuryPsyche InjuryOrder PullerPallet Jack OperatorAgreed Medical EvaluatorPermanent and Stationary Status
References
10
Case No. ADJ6640587
Regular
Dec 06, 2011

TODD CAGE vs. THE KROGER COMPANY DBA RALPHS GROCERY

The Workers' Compensation Appeals Board (WCAB) granted the defendant's (The Kroger Company) petition for reconsideration of prior decisions. This action was taken to allow the Board further time to thoroughly study the factual and legal issues presented. The granting of reconsideration is for the purpose of a complete review and to issue a just decision. All future filings in this case must be submitted directly to the WCAB Commissioners in San Francisco.

Petition for ReconsiderationFindings and OrderStatutory Time ConstraintsFactual and Legal IssuesDecision After ReconsiderationOffice of the CommissionersSan FranciscoAnaheim District OfficePermissibly Self-InsuredSedgwick CMS
References
0
Case No. ADJ4437346
Regular
Apr 21, 2014

JENRRY GARFIAS vs. KROGER, dba RALP'S GROCERY COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed Kroger's Petition for Reconsideration as untimely. The employer failed to file the petition within the 25-day deadline following the decision issued on November 1, 2013. Although a federal district court later issued an injunction regarding lien activation fees, the WCAB lacked jurisdiction due to the untimeliness of the petition. Therefore, the WCAB ordered the dismissal of the Petition for Reconsideration.

Petition for ReconsiderationUntimelyDismissalWCABWCLJAngelotti Chiropractic v. BakerLien Activation FeeSection 4903.06Preliminary InjunctionJurisdiction
References
1
Case No. ADJ4238414
Regular
Jul 22, 2011

CINDY HEWITT vs. THE KROGER CO. dba RALPHS, SEDGWICK CLAIMS

This case involves a Petition for Removal filed by the defendant, The Kroger Co. dba Ralphs, seeking to rescind an order continuing the applicant's case to trial. The defendant argued that inconsistencies in the agreed medical evaluator's reports required further discovery, such as interrogatories or a second deposition, before proceeding. The Appeals Board denied the petition, adopting the WCJ's reasoning that the adequacy of the medical record cannot be determined until the matter is submitted for trial. The Board emphasized that it is more expeditious to proceed to trial and allow the WCJ to assess the record's completeness then.

Petition for RemovalAgreed Medical EvaluatorInconsistenciesDiscoveryOff CalendarWCJReport and RecommendationMcDuffieMedical Record AugmentationCase Development
References
1
Case No. ADJ7087412; ADJ7087413
Regular
Feb 19, 2014

MARCOS MORALES vs. THE KROGER CO. dba RALPH'S; SEDGWICK CMS

This case concerns a dispute over the selection of a Qualified Medical Evaluator (QME) to determine industrial injuries related to diabetes and cardiovascular issues. The defendant, Kroger Co., objected to the WCJ's order for a replacement QME panel in internal medicine, arguing they had selected endocrinology and would be prejudiced. The Appeals Board granted the defendant's Petition for Removal, finding the WCJ erred by ordering a QME panel after trial when the parties had waived their right to that procedure. The Board rescinded the WCJ's order and remanded the case with instructions for the WCJ to appoint a "regular physician" to develop the medical record.

Petition for RemovalQualified Medical Evaluator (QME)Agreed Medical Evaluator (AME)Regular PhysicianLabor Code Section 4062.2Medical Record DevelopmentVocational Produce WorkerDiabeticCardiovascularWaiver
References
2
Case No. ADJ3403915 (VNO 0300008) ADJ952201 (VNO 0294308) ADJ3316075 (VNO 0426272) ADJ3521326 (VNO 0294306)
Regular
Jul 03, 2018

CHRISTINE COLFER AUCHTERLONIE vs. THE KROGER COMPANY dba RALPH'S GROCERY COMPANY

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal in the case of Christine Colfer Auchterlonie v. The Kroger Company. The Board affirmed the Workers' Compensation Judge's decision, finding that removal is an extraordinary remedy not warranted here. The defendant failed to demonstrate substantial prejudice or irreparable harm that would justify granting removal. Furthermore, the Board concluded that reconsideration will be an adequate remedy should a final adverse decision occur.

Petition for RemovalWorkers' Compensation Appeals BoardSubstantial PrejudiceIrreparable HarmReconsiderationWCJ ReportExtraordinary RemedyAllegationsMerits of ArgumentsAdministrative Law Judge
References
2
Case No. ADJ10075042
Regular
Nov 23, 2020

ANGEL FLORES vs. THE KROGER COMPANY, ADMINISTERED BY SEDGWICK CLAIMS MANAGEMENT SERVICES

Defendant Kroger Company sought reconsideration of a Workers' Compensation Appeals Board decision awarding applicant Angel Flores benefits for bilateral knee and right shoulder injuries sustained as a maintenance worker from 1995 to 2015. The defendant argued the Qualified Medical Evaluator's (QME) opinion was not substantial evidence. The Board denied the petition, finding the QME's later reports, after clarifying applicant's 20-year work history and job duties, provided substantial evidence of cumulative trauma injury. The QME's initial opinion was based on a misunderstanding of applicant's symptom onset, which he later corrected after further evaluation.

Permanent DisabilityCumulative TraumaSpecific InjuryPanel Qualified Medical EvaluatorPQMEIndustrial InjuryCausationSubstantial Medical EvidencePetition for ReconsiderationWCJ
References
1
Case No. ADJ7661799
Regular
Nov 20, 2012

ELIU OBESO GARCIA vs. THE KROGER COMPANY dba FOOD 4 LESS OF CALIFORNIA, INC., SEDGWICK CLAIMS MANAGEMENT SE

This case before the Workers' Compensation Appeals Board involves Eliu Obeso and defendant The Kroger Company. The Board issued an Opinion and Order Granting Reconsideration. Pending a decision after reconsideration, all future filings and communications are to be submitted in writing directly to the Office of the Commissioners in San Francisco, not to any district office or via e-filing.

WORKERS' COMPENSATION APPEALS BOARDReconsiderationELIU OBESOTHE KROGER COMPANYFOOD 4 LESSPermissibly Self-InsuredSEDGWICK CLAIMS MANAGEMENT SERVICESADJ7661799Riverside District OfficeOPINION AND ORDER GRANTING RECONSIDERATION
References
0
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