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

Case No. ADJ2987812 (SJO262336) ADJ1100259 (SJO262338)
Regular
Sep 17, 2003

JANICE KELLEY vs. GOOD SAMARITAN HOSPITAL and BROADSPIRE, L.L.C.

The Workers' Compensation Appeals Board (WCAB) granted the defendants' Petition for Reconsideration in the case of *Kelley v. Good Samaritan Hospital and Broadsire, L.L.C.* This action was taken due to the statutory time constraints and the need for further study of the complex factual and legal issues. The WCAB requires additional review to ensure a comprehensive understanding of the record before issuing a just decision. All future filings in this matter should be directed to the WCAB's Office of the Commissioners, not the local district office.

Petition for ReconsiderationWorkers' Compensation Appeals BoardGood Samaritan HospitalBroadspire L.L.C.Opinion and OrderStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionFurther ProceedingsOffice of the Commissioners
References
Case No. ADJ2294426 (MON 0193402)
Regular
Aug 09, 2019

SONA SIMONIAN vs. COUNTY OF LOS ANGELES, TRISTAR SERVICES GROUP

The Workers' Compensation Appeals Board granted a petition to disqualify Judge Yvonne Jones based on the appearance of bias. This was due to a sustained ethics complaint filed by lien claimant David Bressler, Ph.D., L.Ac., against Judge Jones concerning her conduct in this specific case. While Judge Jones asserted she could remain impartial, the Board found that a reasonable person could doubt her impartiality given the sustained ethics violation. The disqualification applies only to this case, and the matter will be reassigned.

Petition for DisqualificationWCJ JonesDavid BresslerPh.D.L.Ac.sustained ethics complaintappearance of biasWCAB Rule 10452Code of Civil Procedure Section 641due process
References
Case No. ADJ4086603 (LAO 0829698) ADJ4469358 (LAO 0829699)
Regular
May 01, 2009

ADA ROZENBLAT vs. CEDARS SINAI HEALTH SYSTEM

This Workers' Compensation Appeals Board notice addresses a dispute over attorney's fees and costs awarded as sanctions. The defense seeks $800.50 for opposing a petition for reconsideration, while applicant's counsel, Daniel Escamilla, concedes only $540.00. The Board finds $800.50 reasonable and proposes to award this amount to defense counsel, Pearlman, Borska & Wax, L.L.P. This award is separate from any other sanctions payable to the General Fund.

WORKERS' COMPENSATION APPEALS BOARDADA ROZENBLATCEDARS SINAI HEALTH SYSTEMADJ4086603ADJ4469358ATTORNEY'S FEESCOSTSSANCTIONSLABOR CODE § 5813PETITION FOR RECONSIDERATION
References
Case No. ADJ6995481
Regular
Dec 10, 2012

MARIA FERNANDEZ vs. LOS ANGELES UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board denied the Los Angeles Unified School District's Petition for Reconsideration. The applicant, Maria Fernandez, sustained multiple injuries in a 2009 fall, including to her left arm, left knee, back, and right fingers, requiring ongoing medical treatment and mobility aids. The Board found that the case of *Tenet/Centinela Hospital Medical Center v. Workers' Comp. Appeals Bd. (Rushing)* was inapplicable, and adopted the WCJ's report in full. The WCJ recommended upholding the original Findings and Award.

Workers' Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeTenet/Centinela Hospital Medical Center v. Workers' Comp. Appeals Bd. (Rushing)Primary Treating PhysicianKaiserSt. Francis HospitalStacy Medical (MPN)Dr. HeskiaoffPhilip A. Sobol MD
References
Case No. ADJ9859155
Regular
Dec 03, 2016

WILLIAM LEE vs. AC TRANSIT

The Workers' Compensation Appeals Board granted a Petition for Removal concerning William Lee's case against AC Transit. The Board rescinded an Order Limiting Subpoena Duces Tecum issued on August 16, 2016. The matter has been returned to the trial level for further proceedings and a new decision by the workers' compensation administrative law judge.

Petition for RemovalOrder Limiting Subpoena Duces TecumRescindedTrial LevelFurther ProceedingsDecision After RemovalWorkers' Compensation Appeals BoardWCJAC TransitYork Risk Services
References
Case No. LAO 0781233, LAO 0781234
Regular
Aug 20, 2008

MICHAEL L. LA FRANCE vs. COUNTY OF LOS ANGELES

This case concerns Michael L. La France's workers' compensation claim against the County of Los Angeles. The Appeals Board denied La France's petition for reconsideration, upholding the Workers' Compensation Judge's (WCJ) findings. The WCJ found La France lacked credibility and that his claims of psychiatric injury due to employment conditions were not supported by evidence, particularly noting he worked less than six months. Additionally, the WCJ found no violation of Labor Code Section 132a regarding termination and no compensable orthopedic or internal medicine injuries based on medical examiner reports.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ credibilityGarza v. Workmen's Comp. Appeals Bd.Order Denying ReconsiderationLAO 0781233LAO 0781234Michael L. La FranceCounty of Los Angelesemployment application inaccuracies
References
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. ADJ3367486 (RIV 0016856) ADJ281670 (RIV 0008214) ADJ2292739 (RIV 0003259)
Regular
Feb 03, 2016

ROBERT O'NEAL vs. L.A. COUNTY FAIR ASSOCIATION, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION (CIGA)

The Workers' Compensation Appeals Board (WCAB) has granted the applicant's petition for reconsideration in the case of Robert O'Neal v. L.A. County Fair Association and CIGA. This reconsideration is granted to allow for further study of the complex factual and legal issues presented. The WCAB needs a complete understanding of the record to issue a just decision. All future filings related to the petition must be submitted directly to the WCAB Commissioners' office, not to any district office.

Workers' Compensation Appeals BoardPetition for ReconsiderationGrant of ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionOffice of the CommissionersElectronic Adjudication Management System (EAMS)Proposed SettlementWCJ
References
Case No. ADJ7998682, ADJ8728951
Regular
Dec 16, 2013

Elizabeth Herrera Mendez vs. L&B Real Estate, State Compensation Insurance Fund

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration, upholding the finding that the applicant was an employee of L&B Real Estate. The Board adopted the Workers' Compensation Administrative Law Judge's report and gave great weight to the judge's credibility determination. The applicant's credible testimony regarding her employment and duties as an apartment manager, in exchange for a rent reduction, formed the basis of the decision. The defendant's arguments disputing employment and referencing a prior Labor Commissioner finding were rejected.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ ReportCredibility FindingGarza v. Workmen's Comp. Appeals Bd.Apartment ManagerInjury DatesEmployment DisputeApplicant TestimonyL&B Real Estate
References
Case No. ADJ3712262 (AHM 0138707)
Regular
Jan 09, 2012

BRIAN HICKS vs. TENNESSEE TITANS, CAROLINA PANTHERS, et al.

This case involves a lien claimant, ACS Recovery Services, Inc., seeking reconsideration of a disallowance of its lien and denial of penalties. The Workers' Compensation Appeals Board dismissed ACS's petition for reconsideration because it was not verified as required by Labor Code section 5902. The WCJ's report highlighted this defect, and ACS failed to cure it or provide a compelling explanation within a reasonable time. Consequently, the Board dismissed the petition, noting it would have been denied on the merits otherwise.

ACS Recovery ServicesLien claimantPetition for reconsiderationVerified petitionLabor Code section 5902Lucena v. Diablo Auto BodyDisallowancePenaltiesInterestWCJ
References
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