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

Case No. ADJ8216789

Regular

Feb 13, 2023

LAKEISHA BRAXTON vs. LONG BEACH TRANSIT, ATHENS ADMINISTRATORS

This case involved a Petition for Reconsideration filed by the defendant regarding orders issued by a workers' compensation judge. However, the judge subsequently vacated those original orders within the 15-day period of retaining jurisdiction. Because the original orders were rescinded, the defendant's petition became moot. Therefore, the Appeals Board dismissed the Petition for Reconsideration as a new petition would be required for any amended orders.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Vacating SubmissionDisability Evaluation UnitFormal RatingWCJ JurisdictionRescind OrderMoot PetitionAppeals BoardDismissal

References

Case No. ADJ16773219; ADJ16653843

Regular

Jun 03, 2025

LAKEISHA HOWARD vs. OPTUM 360 SERVICES, A UNITED HEALTH GROUP COMPANY; TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The applicant, Lakeisha Howard, sought reconsideration after the WCJ denied her claims for cumulative injury to her left knee and ankle, and deemed Dr. Granado's reports inadmissible. The Appeals Board affirmed the WCJ's decision, finding that Dr. Granado's reports were obtained to rebut the panel QME's opinion rather than for medical treatment and were therefore inadmissible. The Board also upheld the finding that the applicant failed to prove a cumulative injury arising out of her employment, citing Dr. Welborn's opinion that her sedentary job would not cause such trauma. Consequently, the Petition for Reconsideration was denied.

Labor Code Section 5909Petition for ReconsiderationAdmissibility of Medical ReportsCumulative Trauma InjuryCompensable Consequence InjurySubstantial EvidenceCausationPanel Qualified Medical EvaluatorTreating PhysicianMedical-Legal Evaluation

References

Case No. ADJ4661222 (MON 0354694)

Regular

Jul 05, 2016

LAKEISHA HICKS vs. WAL-MART ASSOCIATES, INC., AMERICAN HOME ASSURANCE COMPANY, INC., YORK RISK SERVICES GROUP, INC.

The Appeals Board granted reconsideration for lien claimants Beverly Hills Ambulatory Surgery Center and Beverly Hills Anesthesia. The WCJ had dismissed their liens due to non-appearance at a conference, but the lien claimants claimed they never received notice of the conference or the intent to dismiss. Crucially, the Board noted the conflict between the defendant's proof of service and the lien claimants' verified assertion of non-receipt, without any credibility determination. Therefore, the case was rescinded and returned to the trial level for an evidentiary hearing to resolve these notice and service issues.

Lien claimantsReconsiderationPetition for ReconsiderationOrder Dismissing LienNon-appearanceLien conferenceNotice of hearingNotice of intention to dismissCode of Civil Procedure section 473(b)Mistake

References

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LAKEISHA BRAXTON vs. LONG BEACH TRANSIT, ATHENS ADMINISTRATORS

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Vacating SubmissionDisability Evaluation UnitFormal RatingWCJ JurisdictionRescind OrderMoot PetitionAppeals BoardDismissal

LAKEISHA HOWARD vs. OPTUM 360 SERVICES, A UNITED HEALTH GROUP COMPANY; TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

LAKEISHA HICKS vs. WAL-MART ASSOCIATES, INC., AMERICAN HOME ASSURANCE COMPANY, INC., YORK RISK SERVICES GROUP, INC.

Lien claimantsReconsiderationPetition for ReconsiderationOrder Dismissing LienNon-appearanceLien conferenceNotice of hearingNotice of intention to dismissCode of Civil Procedure section 473(b)Mistake