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

Case No. ADJ10886261
Regular
Nov 14, 2018

LUIS SANDOVAL vs. PRIME TECH CABINETS, INC, SECURITY NATIONAL INSURANCE COMPANY, AMTRUST

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, rescinded the WCJ's prior order, and returned the case for further proceedings. The original order found violations of Labor Code section 4062.3(b) and California Code of Regulations, title 8, section 35(c), striking the Qualified Medical Evaluator's report. This reversal was based on a subsequent en banc decision in *Suon v. California Dairies* that clarified the interpretation and remedies for violations of section 4062.3(b). The trial judge will reconsider the section 4062.3(b) issue and potentially other previously raised issues concerning the QME's reporting.

Petition for RemovalFindings and OrderQualified Medical EvaluatorMedical ReportingLabor Code section 4062.3(b)California Code of Regulations section 35(c)En Banc DecisionSuon v. California DairiesRescindedReturned to Trial Level
References
1
Case No. ADJ10038732
Regular
Dec 02, 2016

Deborah Matthews vs. California Department of Corrections and Rehabilitation, State Compensation Insurance Fund

This case involves a defendant's petition for removal after an administrative law judge (WCJ) ordered a new Qualified Medical Examiner (QME) panel. The WCJ found the defendant violated Labor Code section 4062.3 by engaging in ex parte communication with the prior QME. The defendant admitted a violation of Labor Code section 4062.3 but argued a new panel was unwarranted due to applicant forfeiture or the communication's insignificance. The Workers' Compensation Appeals Board (WCAB) denied the petition, finding no waiver by the applicant and that the communication was not insignificant. The WCAB emphasized that prejudice is not required to obtain a new panel for such violations.

Labor Code 4062.3Ex parte communicationPQME panelPetition for RemovalAggrieved partyWaiverDoctor shoppingFindings of Fact and OpinionWCJAppeals Board
References
6
Case No. MISSING
Regular Panel Decision

Owens Corning v. Carter

This case involves consolidated direct appeals to the Texas Supreme Court concerning the constitutionality of several sections of the Texas Civil Practice and Remedies Code: 71.031(a)(3) (borrowing statute), 71.051 (forum non conveniens), and 71.052(b) and (c) (asbestos claim dismissal provisions). Alabama plaintiffs challenged these sections on various constitutional grounds, including retroactivity, open courts, privileges and immunities, equal protection, and special laws. The trial court's judgment was affirmed regarding the constitutionality of section 71.051, which does not violate the Privileges and Immunities Clause. However, the Supreme Court reversed the trial court's findings on sections 71.031(a)(3), 71.052(b), and 71.052(c), holding that they do not violate any asserted constitutional provisions and instructed the trial court to vacate related injunctions.

Constitutional LawTexas Civil Practice and Remedies CodeAsbestos LitigationForum Non ConveniensBorrowing StatuteRetroactivityPrivileges and Immunities ClauseEqual Protection ClauseSpecial LawsStatutory Interpretation
References
55
Case No. ADJ4140574 (VNO 0417628) ADJ3588068 (VNO 0472981)
Regular
Jun 03, 2013

KEVIN THOMPSON vs. COUNTY OF LOS ANGELES, TRISTAR RISK MANAGEMENT

The Workers' Compensation Appeals Board awarded applicant Kevin Thompson an additional attorney's fee of $1,500 under Labor Code section 5801. This fee is for services rendered by his attorney in successfully defending against the defendant's petition for writ of review to the Court of Appeal. The Board disallowed the requested clerical fees as section 5801 applies only to attorney services. Additionally, the request for costs under Labor Code section 5811 was denied due to the lack of required itemization and supporting documentation.

Labor Code § 5801Attorney's feePetition for Writ of ReviewAppeals BoardSupplemental awardReasonable attorney's feeAppellate levelPenaltyClerical servicesLabor Code § 5811
References
12
Case No. ADJ11328275
Regular
Dec 10, 2018

DENISE DOYLE vs. TECH MAHINDRA (AMERICAS) INC., ALLMERICA FINANCIAL BENEFIT INSURANCE COMPANY, HANOVER INSURANCE GROUP

The defendant sought reconsideration of an order allowing the applicant to consult a second physician within the employer's Medical Provider Network (MPN). The defendant argued that the MPN physician's release from care was not a dispute over diagnosis or treatment, and Labor Code sections 4061 and 4062, requiring medical-legal evaluations, applied instead. The Appeals Board dismissed the petition, finding it was not taken from a final order as it did not determine substantive rights or liabilities. The Board also noted that even if considered on its merits, the petition would be denied because Labor Code Section 4616.3 and Administrative Director Rule 9785(b)(3) allow an employee to seek a second opinion within the MPN when disputing a release from care.

Workers' Compensation Appeals BoardPetition for ReconsiderationMedical Provider NetworkMPNLabor Code Section 4616.3Second Physician ConsultMedical-Legal EvaluationFinal OrderSubstantive Right or LiabilityThreshold Issue
References
4
Case No. MISSING
Regular Panel Decision

Benavidez v. TRAVELERS INDEMNITY COMPANY OF CONNECTICUT

This case addresses two key issues concerning judicial review of a Texas Workers' Compensation Commission Appeals Panel decision. The first issue is when a party seeking judicial review is required to file a copy of its petition with the Commission under Texas Labor Code section 410.253. The second issue is whether untimely notice to the Commission under this section deprives the trial court of jurisdiction over the judicial review action. The court of appeals had previously held that the filing was required within forty days of the Appeals Panel decision and was mandatory and jurisdictional. However, the Supreme Court, referencing Albertson’s, Inc. v. Sinclair, clarifies that the petition must be filed with the Commission on the same day it is filed in the trial court, and while timely filing is mandatory, it is not jurisdictional. Consequently, the court of appeals' judgment was reversed, and the case was remanded to the trial court for further proceedings.

Workers' CompensationJudicial ReviewAppeals Panel DecisionTimely FilingJurisdictionMandatory RequirementTexas Labor CodeCourt of Appeals ReversalRemandCivil Procedure
References
3
Case No. MISSING
Regular Panel Decision

Blyer Ex Rel. National Labor Relations Board v. Local Union No. 3, International Brotherhood of Electrical Workers

The petitioner sought a preliminary injunction against Local Union No. 3, International Brotherhood of Electrical Workers, AFL-CIO, for alleged recognitional or organizational picketing. This picketing was asserted to be in violation of section 10(1) and section 158(b)(7)(A) of the National Labor Relations Act. The employer, Genmar Electrical Contracting, had recently recognized United Construction Trades & Industrial Employees International Union (UCTIU) as the lawful representative of its employees. The Court found reasonable cause to believe that Local Union No. 3's picketing aimed to force Genmar to recognize their union or compel employees to switch their affiliation, constituting an unfair labor practice. Concluding that injunctive relief was just and proper, the Court granted the preliminary injunction, enjoining Local Union No. 3 from such picketing.

Preliminary InjunctionLabor LawUnfair Labor PracticePicketingNational Labor Relations ActOrganizational PicketingRecognitional PicketingCollective BargainingUnion RepresentationSection 10(l)
References
10
Case No. ADJ5825581, ADJ9590533
Regular
Apr 13, 2015

ALBERT WAN vs. COMMUNITY HEALTH NETWORK (SAN FRANCISCO GENERAL HOSPITAL), CITY AND COUNTY OF SAN FRANCISCO

The Workers' Compensation Appeals Board denied both the applicant's and defendant's petitions, affirming the trial judge's order. The Board found the defendant violated Labor Code Section 4062.3 by failing to serve sub rosa surveillance video on the applicant 20 days before providing it to the QME, resulting in the testimony and video being stricken. While the applicant sought attorney's fees for this violation, the Board found the conduct was a failure to serve information, not a prohibited "communication" under the statute, thus precluding mandatory attorney's fees under that section. However, the Board admonished defendant's counsel for discovery abuses and allowed the possibility of sanctions under Labor Code Section 5813 if bad faith is found.

Sub rosa videoLabor Code section 4062.3Qualified Medical Evaluator (QME)depositiondiscovery violationpetition for removalpetition for reconsiderationattorney's feessanctionsDWC Rule 35
References
3
Case No. MISSING
Regular Panel Decision

In Re Pursuant to Section 304 of the Bankruptcy Code of Banco Nacional De Obras Y Servicios Publicos, S.N.C.

The International Association of Machinists and Aerospace Workers (IAM) sought relief from a preliminary injunction to pursue an action against Aeronaves de Mexico, S.A. de C.V. (Aeronaves) for declaratory judgment concerning a collective bargaining agreement. Aeronaves, represented by its Mexican bankruptcy trustee Banobras, objected, arguing the claims should be handled in Mexican bankruptcy court. Judge Tina L. Brozman analyzed the request in the context of section 304 of the Bankruptcy Code, emphasizing the specialized nature of American labor law, particularly the Railway Labor Act (RLA). Balancing international comity with the protection of American creditors, the court found that the issues regarding the existence and terms of the collective bargaining agreement required the expertise of an American district court. Therefore, the motion for relief from the stay was granted to permit the IAM action to proceed in the Southern District of New York.

Bankruptcy LawInternational ComitySection 304 StayRailway Labor Act (RLA)Collective Bargaining AgreementForeign BankruptcyAncillary ProceedingsDeclaratory ReliefLabor DisputeCreditor Claims
References
32
Case No. ADJ6699348
Regular
Mar 17, 2016

KANON MONKIEWICZ vs. RM STORE FIXTURES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) issued a Notice of Intention to find that Labor Code section 4903.8(a) does not preclude awards to lien claimants Rx Funding Solutions, LLC and PharmaFinance, LLC. This is because the 2014 amendments to section 4903.8(a)(2) specify that it does not apply to assignments completed prior to January 1, 2013. Both of the lien claimants' assignments were made before this date, thus exempting them from the preclusion. The WCAB is amending its previous order and returning the case to the trial level for further proceedings on the merits of the liens.

Labor Code 4903.8Lien claimantsAssignment of receivablesCessation of businessPharmacy lienMedical lienSB 863AB 2732Prospective vs. retrospective applicationWCAB rules
References
10
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