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

Case No. ADJ4419054
Regular
Jan 29, 2009

RESCILLA MAXIM vs. LACMTA, TRAVELERS

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision concerning applicant Priscilla Maxim's case against LACMTA and Travelers. The WCAB rescinded the Workers' Compensation Judge's (WCJ) decision, finding it necessary to return the matter for further proceedings and a new decision by the WCJ. This order signifies that the prior decision was not a final resolution on the merits of the claims. The parties retain all rights to seek further reconsideration of the WCJ's subsequent ruling.

Workers' Compensation Appeals BoardReconsiderationGranting ReconsiderationRescind DecisionFurther ProceedingsWCJ DecisionTrial LevelLACMTATravelersPriscilla Maxim
References
0
Case No. VNO 348369 VNO 348370 VNO 348371 VNO 348372
Regular
Feb 13, 2008

RUBEN C. GONZALEZ vs. L.A.C.M.T.A.

The Workers' Compensation Appeals Board (WCAB) denied LACMTA's Petition for Removal, adopting the Workers' Compensation Administrative Law Judge's (WCJ) report. The WCJ recommended denial because LACMTA failed to demonstrate significant prejudice or irreparable harm, and the medical record needed further development regarding the applicant's new diabetes diagnosis and its potential industrial relation. Therefore, the petition was formally denied by the WCAB.

WORKERS' COMPENSATION APPEALS BOARDLACMTAMedical Record DevelopmentDiabetes DiagnosisIndustrially Related ConditionReasonable Medical ProbabilityPetition for RemovalWCAB Rule 10843Significant PrejudiceIrreparable HarmWorkers' Compensation Administrative Law Judge
References
0
Case No. ADJ993500 (VNO 0376739) ADJ842762 (VNO 0465858)
Regular
Oct 20, 2008

Robert Dennis vs. LACMTA; Permissibly Self-Insured

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a prior order awarding home health care. The WCAB found that the defendant was denied due process as they were not adequately allowed to rebut evidence, particularly reports obtained after discovery should have been closed. The case was returned to the trial level for further proceedings to allow the defendant the opportunity to conduct further discovery.

Workers' Compensation Appeals BoardReconsiderationFindings and OrderHome Health CareMandatory Settlement ConferenceLabor CodeDiscoveryCertified Case ManagerQualified Medical EvaluatorRebuttal
References
0
Case No. ADJ461872 (MON 0305024)
Regular
Feb 25, 2011

## ANTHONY MEYN, vs. ## LACMTA; Permissibly Self-Insured, As Administered By LACMA; TRAVELERS INSURANCE

In this workers' compensation case, the Board denied Travelers Insurance's petition for reconsideration, upholding the WCJ's finding that the applicant sustained a cumulative trauma injury as a bus driver ending June 8, 2002. Travelers argued the date of injury should have been July 16, 1998, when the applicant was diagnosed with hypertension, asserting the applicant knew his condition was work-related at that time. However, the Board found insufficient evidence that the applicant knew or should have known in 1998 that his disability was caused by his employment. Therefore, liability was correctly apportioned to the employer for the period ending June 8, 2002, when the applicant's injurious exposure concluded.

Workers' Compensation Appeals BoardAnthony MeynLACMTATravelers Insurancecumulative traumabilateral wristslumbar spinehypertensionheartpermanent disability
References
0
Case No. ADJ2403362 (MON 0247582) ADJ2066217 (MON 0306486)
Regular
Apr 25, 2011

EMILIA MENDOZA vs. LACMTA, THE TRAVELERS INS. CO., LOS ANGELES METROPOLITAN AUTHORITY, CONSTITUTION STATE SERVICES COMPANY

The Workers' Compensation Appeals Board affirmed the disallowance of lien claimant Care Center Rehabilitation and Pain Management's (LC) lien for unpaid medical treatment. LC failed to file a required fictitious business name statement and could not prove the treatment was reasonable and necessary. However, the Board reversed the order for LC to pay restitution to the defendants, finding they failed to meet their burden of proof for unjust enrichment.

Workers' Compensation Appeals BoardEmilia MendozaLACMTAThe Travelers Insurance CompanyConstitution State Services Companylien claimantCare Center Rehabilitation and Pain Managementindustrial injuriesneck and shouldersbus operator
References
5
Case No. ADJ3564550 (VNO 0402515)
Regular
Apr 19, 2013

ESTEVAN TAPIA vs. L.A.C.M.T.A.; TRAVELERS INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed petitions for reconsideration filed by LACMTA and the EDD. This action was taken because the Workers' Compensation Judge (WCJ) vacated the original Findings and Award within the statutory period. Consequently, the petitions for reconsideration became moot as the underlying award was no longer in effect.

LACMTATravelers Insurance CompanyEDDpetitions for reconsiderationFindings and AwardvacatesmootdismissedWCJRule 10859
References
0
Case No. VNO 380127
Regular
Jul 19, 2007

HERLINDA ROJAS vs. LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY, TRAVELERS INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration to address the issue of Travelers Insurance Company's liability for contributions towards applicant Herlinda Rojas' cumulative trauma injury. The Board found no error in the original order joining Travelers as a party defendant, recognizing LACMTA's right to seek contribution for benefits paid. Ultimately, the Board rescinded the previous Findings of Fact and returned the case for further proceedings to determine Travelers' potential contribution.

Workers' Compensation Appeals BoardLACMTATravelers Insurance Companycumulative traumaequitable estoppelres judicatacollateral estoppeljoindercontributionpermanent disability
References
6
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