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

Case No. SJO 244847
Regular
Feb 06, 2008

Celestine Lewis vs. COCA-COLA ENTERPRISES, INC.

This case concerns Celestine Lewis's claim against Coca-Cola Enterprises for workers' compensation benefits. The Workers' Compensation Appeals Board (WCAB) denied Lewis's petition for reconsideration of a prior decision regarding the apportionment of her permanent disability. The WCAB adopted the Administrative Law Judge's report, which upheld the apportionment of 30% of Lewis's permanent disability to pre-existing arthritis, consistent with recent legislative changes emphasizing apportionment to causative factors including pathology.

Workers' Compensation Appeals BoardCelestine LewisCoca-Cola EnterprisesInc.Permissibly Self-InsuredPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeDivision of Workers' CompensationJudicial AuthorityOriginal Jurisdiction
References
Case No. ADJ171587 (GRO 0020678)
Regular
Dec 10, 2008

MARCUS VASQUEZ vs. MARION RESIDENCE, FIREMAN'S FUND

The Workers' Compensation Appeals Board granted a lien claimant's petition for reconsideration of a prior decision due to statutory time constraints and the need for further study of the factual and legal issues. This action is intended to ensure a complete understanding of the record and allow for a just and reasoned decision. All future communications related to this case are to be directed to the Board's Reconsideration unit.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ClaimantStatutory Time ConstraintsFactual and Legal IssuesDecision After ReconsiderationIntegrated Healthcare Recovery ServicesLewis Brisbois Bisgaard & SmithPain Center of Ventura CountyMarcus Vasquez
References
Case No. ADJ8296919
Regular
Nov 26, 2012

ISMAEL DE LA TORRE vs. WELLS FARGO BANK, SEDGWICK

The Workers' Compensation Appeals Board dismissed Wells Fargo Bank's Petition for Removal and/or Reconsideration. Defendant had requested the rescission of an order continuing the case to trial, asserting it was not ready. However, the parties subsequently agreed to take the case off calendar at the scheduled trial date. Consequently, the Board found the defendant's petition to be moot.

WCABPetition for RemovalPetition for ReconsiderationMootDismissedOff CalendarWCJ OrderAdministrative Law JudgeWells Fargo BankSedgwick
References
Case No. ADJ7846929
Regular
Jul 03, 2014

PAMELA LEWIS (Deceased) vs. CITY AND COUNTY OF SAN FRANCISCO, Permissibly Self-Insured

This Workers' Compensation Appeals Board order dismisses a Petition for Removal filed by Pamela Lewis's estate (represented by Charles Davis, San Francisco City Attorney). The petitioner, likely the defense, voluntarily withdrew their petition. Consequently, the Board has deemed the petition dismissed and will take no further action on the matter.

Petition for RemovalDismissalWorkers' Compensation Appeals BoardCity and County of San FranciscoSelf-InsuredPamela LewisDeceasedADJ7846929San Francisco District OfficeOrder of Dismissal
References
Case No. ADJ8191009, ADJ6834343, ADJ8191008
Regular
Sep 20, 2016

ARTHUR ANDERSEN vs. AL LEWIS TRUCKING, REDWOOD FIRE \& CASUALTY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The defendant, Al Lewis Trucking and its insurer, filed a Petition for Reconsideration of a prior Findings and Award. However, before the Board could rule on that petition, the defendant withdrew it. Consequently, the Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration.

Workers Compensation Appeals BoardPetition for ReconsiderationPetition to WithdrawDismissedFindings and AwardWCJADJSanta Rosa District OfficeArthur AndersenAl Lewis Trucking
References
Case No. ADJ2073289 (SAC 0348742) ADJ2667420 (SAC 0348743)
Regular
Jul 20, 2011

DONALD VADNAIS vs. KRAFT FOODS NABISCO, permissibly self-insured

This case concerns a frivolous petition for reconsideration filed by Kraft Foods and its attorney to correct a three-cent clerical error. The Workers' Compensation Appeals Board (WCAB) granted reconsideration solely to address sanctions. The Board found the petition lacked reasonable justification and was an unnecessary expenditure of Board resources. Consequently, the WCAB imposed a $500 sanction jointly and severally on Kraft Foods, its attorney Sabrina L. Tseng, and the law firm Lewis Brisbois Bisgaard & Smith LLP.

Workers' Compensation Appeals BoardSanctionsLabor Code § 5813Cal. Code Regs. tit. 8 § 10561Frivolous PetitionClerical ErrorReconsiderationFindings of FactFindings and OrderWCJ
References
Case No. ADJ2956969 (VNO 0543215)
Regular
Sep 27, 2018

MIGUEL HERNANDEZ vs. HERSHEL ABELMAN, CLARENDON NATIONAL INSURANCE COMPANY, SEDGWICK

The Workers' Compensation Appeals Board (WCAB) denied reconsideration of a previous decision regarding applicant Miguel Hernandez. The WCAB adopted the findings of the workers' compensation administrative law judge (WCALJ) for the most part. However, they specifically excluded two paragraphs from the WCALJ's report. The petitions for reconsideration filed by the defendants were consequently denied.

Workers' Compensation Appeals BoardPetitions for ReconsiderationWorkers' Compensation Administrative Law JudgeWCJ reportdenial of reconsiderationButts JohnsonLewis BrisboisClarendon National Insurance CompanySedgwickHershel Abelman
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. ADJ163759 (OAK 0311040) ADJ592970 (OAK 0311039)
Regular
Apr 02, 2016

EDWARD LEWIS vs. BRYCO CONSTRUCTION, STATE COMPENSATION INSURANCE FUND

This case involves Edward Lewis seeking workers' compensation for injuries from Bryco Construction. The Workers' Compensation Appeals Board denied Lewis's petition for removal, an extraordinary remedy. Removal was denied because Lewis failed to demonstrate substantial prejudice or irreparable harm from the judge's order continuing a settlement conference with discovery still open. The Board adopted the judge's reasoning that reconsideration would be an adequate remedy should an adverse decision occur later.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ ReportSubstantial PrejudiceIrreparable HarmReconsiderationMandatory Settlement ConferenceDiscoveryDahl DecisionVocational Expert
References
Case No. ADJ1132942
Regular
Jun 04, 2009

James Lewis vs. Compton Unified School District, Hazelrigg Risk Management Services

The Workers' Compensation Appeals Board granted reconsideration, reversing a prior finding that James Lewis was not the initial physical aggressor in an altercation. The Board found that Lewis's actions, including throwing tools at a co-worker and attempting to move the co-worker's truck, initiated the physical confrontation. Consequently, Lewis's claim for injury benefits is barred under Labor Code section 3600(a)(7).

Workers' Compensation Appeals BoardInitial Physical AggressorLabor Code section 3600(a)(7)AltercationFindings of FactReconsiderationOpinion and OrderAffirmative DefensesEmploymentInjury
References
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