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

Case No. ADJ855554 (ANA 0388777)
Regular
Aug 24, 2011

CHRISTI HOWARTH vs. LONG BEACH UNIFIED SCHOOL DISTRICT; Permissibly Self-Insured, Administered By TRISTAR RISK MANAGEMENT

This case before the Workers' Compensation Appeals Board concerns a petition for disqualification filed by applicant Christi Howarth against the Long Beach Unified School District. The Board reviewed the petition and the report of the workers' compensation administrative law judge. Based on this review, the Board has adopted the judge's report and denied the disqualification petition.

Petition for DisqualificationWorkers' Compensation Appeals BoardWCJ reportdeny disqualificationrecord reviewadministrative law judgeTRISTAR RISK MANAGEMENTLONG BEACH UNIFIED SCHOOL DISTRICTApplicantDefendants
References
Case No. ADJ9638409
Regular
Jan 11, 2019

PHOEBE McBENNETT vs. LONG BEACH UNIFIED SCHOOL DISTRICT

In McBennett v. Long Beach Unified School District, the Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration to address the award of temporary disability benefits. The WCAB found that while medical evidence supported temporary total disability from September 4, 2014, to February 1, 2015, the issue of whether applicant was bound by a prior stipulation waiving temporary disability benefits through February 8, 2016, remained unresolved. The Board deferred the temporary disability issue and remanded the case to the WCJ for further proceedings to determine if good cause existed to withdraw from the stipulation. The WCAB affirmed the permanent disability award and medical treatment provision.

Workers' Compensation Appeals BoardLong Beach Unified School DistrictTristar Risk ManagementInc.Petition for ReconsiderationFindings and AwardTemporary Disability IndemnityVoluntary RetirementMedical EvidenceStipulation
References
Case No. ADJ1407862 ADJ8053285
Regular
Jan 29, 2014

RAYMOND SCHAUER vs. WINDSOR UNIFIED SCHOOL DISTRICT, REDWOOD EMPIRE SCHOOL INSURANCE GROUP

In this workers' compensation case, venue is transferred from the Santa Rosa to the San Francisco District Office. This change is necessary because the assigned judge must recuse himself and the alternative judge has been disqualified. The San Francisco Presiding Judge will assign a new judge and schedule a lien conference. This order facilitates the continued proceedings for Applicant Raymond Schauer against Windsor Unified School District.

Venue changeRecusalJudge challengeAppeals Board Rule 10453Santa Rosa District OfficeSan Francisco District OfficePresiding JudgeLien conferencePermissibly Self-InsuredWindsor Unified School District
References
Case No. ADJ4473699
Regular
Oct 01, 2010

STEPHANIE BING vs. LONG BEACH UNIFIED SCHOOL DISTRICT, TRISTAR LOS ANGELES

In this workers' compensation case, the defendant school district petitioned for removal, seeking to overturn a judge's order striking their "adversarial letter" to a medical evaluator and compelling a new panel. The Appeals Board denied the petition, emphasizing that removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which the defendant failed to demonstrate. The Board found that the defendant did not meet the high standards for granting removal. Therefore, the defendant's petition was denied.

Petition for RemovalAdversarial LetterPanel Qualified Medical EvaluatorLabor Code section 4062.3Administrative Director Rule 35WCJ Report and RecommendationSubstantial PrejudiceIrreparable HarmReconsiderationWCAB Rule 10843(a)
References
Case No. ADJ473206 (LBO 0394499)
Regular
Jul 09, 2012

JO NELL HAMPTON vs. LONG BEACH UNIFIED SCHOOL DISTRICT

This case involves Jo Nell Hampton seeking reconsideration of a Workers' Compensation Appeals Board (WCAB) decision that found no permanent disability from her abdomen injury and denied further medical treatment. The WCAB denied reconsideration, affirming the judge's exclusion of applicant's late-submitted medical exhibits due to discovery closure. The judge's decision was based on Dr. Gleischman's report, which found no evidence of hernia or long-term impairment. The WCAB found the judge properly explained the basis of his findings and relied on credible medical evidence.

Workers' Compensation Appeals BoardLong Beach Unified School DistrictTristar Risk ManagementPetition for ReconsiderationFindings and FactPermanent DisabilityMedical TreatmentLabor Code section 5313Doctor's ReportAdmissible Evidence
References
Case No. ADJ1456139
Regular
Apr 09, 2012

JOYCE TIGHE vs. LONG BEACH UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board denied reconsideration of a decision disallowing a lien claim from The Dental Trauma Center. The lien claimant's attorney failed to comply with Board regulations, including proper formatting and exhibit identification. The Board adopted the judge's report, which found that the lien claimant failed to meet its burden of proof in demonstrating that its dental services were reasonable and necessary to cure or relieve the effects of the applicant's stipulated industrial injuries, which did not include dental issues. Furthermore, the report of a consulting dentist, admitted over objection, also indicated that many of the services and charges were unreasonable or excessive.

Workers' Compensation Appeals BoardLong Beach Unified School DistrictPermissibly Self-InsuredADJ1456139LBO 0298310Order Denying ReconsiderationLien ClaimantPetition for ReconsiderationWCJReport of Administrative Law Judge
References
Case No. ADJ3438054
Regular
Jul 08, 2013

CAROLYN WILLIAMS vs. LONG BEACH UNIFIED SCHOOL DISTRICT

This case involves Carolyn Williams' petition for reconsideration of a workers' compensation award. The Administrative Law Judge (ALJ) found Williams incurred an industrial injury resulting in 57% permanent disability, calculated using the 2005 Permanent Disability Rating Schedule (PDRS). Williams argued she rebutted the PDRS's diminished future earning capacity (DFEC) adjustment with vocational expert testimony. However, the Appeals Board denied reconsideration, finding her expert's report less persuasive than the defendant's, as it focused on labor market access rather than DFEC and relied on inaccurate assumptions.

Workers' Compensation Appeals BoardPermanent Disability Rating ScheduleDiminished Future Earning CapacityOgilvie v. City and County of San FranciscoAgreed Medical ExaminerVocational ExpertRebuttalSubstantial EvidenceFindings Award and OrderPetition for Reconsideration
References
Case No. ADJ7875152
Regular
Mar 24, 2016

ROSALIE LATCHISON vs. LONG BEACH UNIFIED SCHOOL DISTRICT

This case involves a dispute over a workers' compensation claim for an instructional aide injured on March 8, 2011. The initial award found a 39% permanent disability, but the employer sought reconsideration, arguing the admitting of a medical report and setting aside a wage stipulation were errors. The Appeals Board granted reconsideration, rescinded the original award, and remanded the case to the trial level. The Board confirmed the injury to the low back and gastrointestinal system, found a need for future medical treatment, but deferred all other issues including average weekly wage calculation and permanent disability.

Workers' Compensation Appeals BoardLong Beach Unified School DistrictRosalie LatchisonInstructional AideLow Back InjuryGastrointestinal System InjuryPermanent DisabilityMandatory Settlement ConferencePetition for ReconsiderationLabor Code Section 5502(d)(3)
References
Case No. ADJ2050775 (LBO 0380422)
Regular
Feb 10, 2018

SANAE DILLARD vs. LONG BEACH UNIFIED SCHOOL DISTRICT, TRISTAR

The Workers' Compensation Appeals Board (WCAB) dismissed Sanae Dillard's petition for reconsideration as untimely. The petition was filed on December 22, 2015, which exceeded the jurisdictional 25-day filing period after the WCJ's November 20, 2015 decision. The WCAB clarified that filing requires actual receipt by the board, not just mailing. Therefore, the board lacked authority to consider the petition's merits.

Workers' Compensation Appeals BoardPetition for ReconsiderationUntimely FilingJurisdictional LimitService by MailWCJ DecisionCalifornia Labor CodeCalifornia Code of RegulationsDismissal OrderCourt Filing Deadline
References
Case No. ADJ7547129
Regular
Sep 30, 2016

PETRA CABANAS PINO vs. INGLEWOOD UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board denied the defendant Inglewood Unified School District's Petition for Removal. The defendant argued the judge improperly took the trial off calendar. The Board found the defendant failed to show the order would cause significant prejudice or irreparable harm. Therefore, the Petition for Removal was denied, without addressing other issues raised.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ OrderTrial Off CalendarSignificant PrejudiceIrreparable HarmPermissibly Self-InsuredInglewood Unified School DistrictAdministrative Law JudgeReport and Recommendation
References
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