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

Case No. ADJ1528926 (LBO 0378215)
Regular
Jul 02, 2012

DORIS SIMPSON vs. ORC MACRO, LIBERTY MUTUAL ORANGE

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award of back surgery for applicant Doris Simpson. The Board found the Agreed Medical Examiner's (AME) opinion regarding industrial causation for the surgery was inadequately explained. The case is returned to the trial level for further medical development, specifically to clarify whether the 2006 industrial injury contributed to the applicant's need for the surgery. The applicant has a history of prior lumbar surgeries and pre-existing degenerative conditions.

Workers' Compensation Appeals BoardDORIS SIMPSONORC MACROLIBERTY MUTUAL ORANGEADJ1528926LBO 0378215OPINION AND ORDER GRANTING RECONSIDERATIONDECISION AFTER RECONSIDERATIONPrimary Treating PhysicianDr. Mudiyam
References
Case No. ADJ2825571 (LBO 0359176)
Regular
Mar 19, 2012

RONALD METSKER (dec.); KIMBERLY METSKER (dec.), JEREMY DIXON, ET AL. vs. DOUBLETREE CLUB HOTEL; CALIFORNIA INDEMNITY INSURANCE CO.

This order denies a petition for reconsideration in the case of *Metsker (dec.) et al. v. Doubletree Club Hotel*. The Workers' Compensation Appeals Board (WCAB) reviewed the petition and the administrative law judge's report. Finding the judge's reasoning sound and incorporated into their decision, the WCAB denied the reconsideration. The specific grounds for the original decision and the reasons for denial are detailed in the judge's report.

Workers' Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeDenying ReconsiderationRonald MetskerKimberly MetskerJeremy DixonDoubletree Club HotelCalifornia Indemnity Insurance Co.ADJ2825571
References
Case No. LBO 0316609, LBO 0316610
Regular
Dec 26, 2007

CLORIA CONTRERAS vs. REGENTS OF THE UNIVERSITY OF CALIFORNIA, Permissibly Self Insured, Adjusted by OCTAGON RISK SERVICES

The Workers' Compensation Appeals Board denied reconsideration for Case LBO 316609, upholding the finding of no disability from a cumulative right shoulder injury. For Case LBO 316610, the Board granted reconsideration and amended the award to defer the issues of temporary disability and the applicant's permanent and stationary date, while affirming the rest of the original decision, including the 23% permanent disability rating. The Board's decision aligns with the judge's report, which recommended further development of the record on deferred issues and temporary disability.

WCABPetition for ReconsiderationFindings and OrderFindings and AwardIndustrial InjuryFibromyalgiaPermanent DisabilityTemporary DisabilityQualified Medical ExaminerPermanent and Stationary Date
References
Case No. ADJ2165124 (LBO 0337853) ADJ1517186 (LBO 0337823)
Regular
Oct 13, 2009

RAFAEL RUIZ vs. FARMERS BROTHERS, SEDGWICK CMS

The petition for reconsideration is denied for reasons stated in the WCJ's report.

Workers' Compensation Appeals BoardPetition for ReconsiderationDenying ReconsiderationAdministrative Law JudgeWCJ ReportADJ NumberLBO NumberFarmers BrothersSedgwick CMSRafael Ruiz
References
Case No. ADJ3288082 (LBO 0384974)
Regular
May 09, 2013

ANDRES CRUZ vs. ALLSTATE/KOOKLANCAR PEYMAN, SPECIALTY RISK/SEDGWICK

This case, *Andres Cruz v. Allstate/Kooklancar Peyman; Specialty Risk/Sedgwick*, concerns a workers' compensation claim. The Workers' Compensation Appeals Board (WCAB) granted reconsideration of the Administrative Law Judge's (ALJ) prior decision. The WCAB rescinded the ALJ's decision and remanded the case back for further proceedings and a new decision at the trial level. This order is not a final determination on the merits of the claim.

Workers Compensation Appeals BoardReconsiderationAdministrative Law JudgeRescinded DecisionFurther ProceedingsTrial LevelFinal DecisionMeritsDental Trauma CenterSpeciality Risk
References
Case No. ADJ3634893
Regular
Mar 09, 2008

CHANNEL GREEN vs. TIME WARNER CABLE, ACE/USA c/o ESIS, INC.

Here's a summary for a lawyer: This Workers' Compensation Appeals Board order dismisses a petition for removal filed by the applicant. The dismissal is based on the pending settlement of the case. No further action will be taken on the petition, and the file will be returned for submission of the settlement to the Workers' Compensation Administrative Law Judge.

Petition for RemovalSettlement PendingWorkers' Compensation Appeals BoardDismissalWCJDistrict OfficeTime Warner CableACE/USAESISInc.
References
Case No. ADJ1298573
Regular
Sep 19, 2013

JOYCELYN ADAMS vs. COMPTON UNIFIED SCHOOL DISTRICT, GALLAGHER BASSETT

This case involves a lien claimant, L.A. Regional Surgical Center, petitioning for reconsideration after its lien was dismissed for failure to pay an activation fee. The lien claimant argued an inability to pay due to EAMS system maintenance. However, the Administrative Law Judge noted no proof was offered for this claim and the claimant failed to inform the judge of any payment issues. The Workers' Compensation Appeals Board denied the petition, adopting the judge's report which found the lien claimant had ample opportunity to pay the required fee.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law Judge ReportCalifornia Code of RegulationsTitle 8 Section 10562(d)Order Denying PetitionCompton Unified School DistrictGallagher BassettADJ1298573LBO 0304459
References
Case No. ADJ1735018
Regular
Oct 28, 2010

CYNTHIA BLACKLEDGE vs. BANK OF AMERICA, ACE AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) denied Bank of America's Petition for Removal. Removal is an extraordinary remedy granted only when substantial prejudice or irreparable harm will result and reconsideration is inadequate. The WCAB found that Bank of America failed to meet these stringent standards. Therefore, the petition was denied.

Petition for RemovalDenying RemovalExtraordinary RemedySubstantial PrejudiceIrreparable HarmReconsiderationAdverse DecisionWCJ ReportBank of AmericaACE American Insurance Company
References
Case No. ADJ3811046 (LBO 0238656), ADJ367597 (LBO 0348091), ADJ2329312 (LBO 0288049)
Regular
Apr 09, 2012

MARISA CARLINI vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, SAN PEDRO PENINSULA HOSPITAL, SEDGWICK CLAIMS MANAGEMENT SERVICES

This case involves a petition for reconsideration by the Workers' Compensation Appeals Board. The Board granted reconsideration of a January 19, 2012 decision. The Board then affirmed the original decision but amended it by rescinding and striking Finding of Fact 8.

Workers' Compensation Appeals BoardMarisa CarliniLos Angeles Unified School DistrictSan Pedro Peninsula HospitalSedgwick Claims Management ServicesADJ3811046LBO 0238656Opinion and Order Granting ReconsiderationDecision After ReconsiderationPetition for Reconsideration
References
Case No. ADJ3546267 (LBO 0364744)
Regular
Apr 02, 2013

JOSE ZAVALA vs. CAL-STATE AUTO PARTS, INC., AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA

This order from the Workers' Compensation Appeals Board dismisses Applicant Jose Zavala's Petition for Reconsideration and denies removal. The Board adopted and incorporated the reasoning from the workers' compensation administrative law judge's Report and Recommendation. Therefore, the petition is dismissed, and removal is denied.

WORKERS' COMPENSATION APPEALS BOARDPETITION FOR RECONSIDERATIONDENY REMOVALADMINISTRATIVE LAW JUDGEREPORT AND RECOMMENDATIONDISMISSEDDENIEDADJ3546267LBO 0364744CAL-STATE AUTO PARTS
References
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