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

Case No. ADJ5762345
Regular
Jan 29, 2013

GONZALO SALGADO vs. COUNTY OF LOS ANGELES FIRE DEPARTMENT, INTERCARE

This case involves a petition for reconsideration by the County of Los Angeles Fire Department following a sanction order for failure to appear at a lien conference. The Department argued their objection was not considered, but the Board found the objection lacked good cause as the Department failed to ensure representation and their arguments misplaced blame. The Board denied reconsideration, affirming the sanction order. The lien claimant's attorney also received an admonishment for attaching an already-submitted document.

WCABPetition for ReconsiderationSanctionsCostsFailure to AppearLien ClaimantIntercareLos Angeles County Fire DepartmentAdministrative Law JudgeDeclaration of Readiness
References
0
Case No. 09-03-051 CV
Regular Panel Decision
Dec 11, 2003

Magnolia Bend Volunteer Fire Department, Inc. v. John J. McDonnell and Montgomery County Emergency Services District No. 5

The Magnolia Bend Volunteer Fire Department, Inc. (Fire Department) sued Montgomery County Emergency Services District No. 5 (the District) and John McDonnell, alleging improper transfer of property and breach of fiduciary duty. The District counterclaimed, asserting the original deed placing title in the Fire Department's name was constitutionally void and seeking a resulting trust. The trial court sided with the District, finding the deed void and imposing a resulting trust, and ruled against the Fire Department's claims. The Fire Department appealed, raising issues regarding McDonnell's fiduciary duty, the voidness of the deed, and the imposition of a resulting trust. The Court of Appeals affirmed the trial court's judgment, finding no reversible error in the trial court's findings.

Warranty DeedAssignment of LeaseBreach of Fiduciary DutyResulting TrustConstitutional LawTexas ConstitutionProperty OwnershipPublic FundsVolunteer Fire DepartmentEmergency Services District
References
12
Case No. ADJ6911386
Regular
Mar 30, 2012

MILAGROS LEGASPI vs. COUNTY OF LOS ANGELES, FIRE DEPARTMENT

The Workers' Compensation Appeals Board denied the County of Los Angeles Fire Department's Petition for Removal. The defendant sought to rescind an order allowing the applicant to depose a physician, arguing a due process violation. However, the Board found that removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which the defendant failed to demonstrate. As a result, the petition was denied because reconsideration would be an adequate remedy if a final adverse decision issues.

Petition for RemovalOff CalendarDue ProcessSubstantial PrejudiceIrreparable HarmWorkers' Compensation Appeals BoardWCJDepose PhysicianReconsiderationExtraordinary Remedy
References
2
Case No. ADJ3673382 (AHM 0084473) ADJ1361609 (AHM 0085858) ADJ2402991 (AHM 0085857) ADJ4050086 (AHM 0085856) ADJ1533147 (AHM 0085855) ADJ1199908 (AHM 0085828) ADJ700319 (AHM 0085827) ADJ2455910 (AHM 0085829) ADJ1727200 (AHM 0085831)
Regular
Jan 30, 2009

DOUGLAS BOULWARE vs. LOS ANGELES COUNTY FIRE DEPARTMENT, TRISTAR

This case involves multiple workers' compensation claims filed by Douglas Boulware against the Los Angeles County Fire Department and Tristar. The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior arbitrator's decision. The WCAB rescinded that decision, finding it necessary to return the matter to the arbitrator for further proceedings. This action is not a final determination on the merits of the claims.

WORKERS' COMPENSATION APPEALS BOARDReconsiderationArbitrator's decisionRescindedFurther proceedingsNot a final decisionDouglas BoulwareLos Angeles County Fire DepartmentTristarPetition for Reconsideration
References
0
Case No. ADJ4327763 (AHM 0109949) ADJ1603173 (AHM 0095602) ADJ4654695 (AHM 0095770) ADJ2408352 (AHM 2408352)
Regular
Nov 24, 2008

DONALD HORTON vs. LOS ANGELES COUNTY FIRE DEPARTMENT, Permissibly Self-Insured

The Workers' Compensation Appeals Board denied the Los Angeles County Fire Department's petition for reconsideration. The Board affirmed the administrative law judge's findings that the applicant, Donald Horton, sustained industrial injuries to multiple body parts, resulting in 93% permanent disability. The defendant failed to meet its burden to prove apportionment to prior industrial injuries as required by law.

Workers Compensation Appeals BoardLos Angeles County Fire DepartmentDonald Hortonindustrial injuryfirefighterpermanent disabilityapportionmentLabor Code section 4664Benson v. The Permanente Medical GroupAgreed Medical Evaluator
References
5
Case No. LBO 322722 LBO 322723 LBO 322724 LBO 322725 LBO 322726 LBO 322727
Regular
Dec 18, 2007

MARTIN HINDS vs. LOS ANGELES COUNTY FIRE DEPARTMENT, INTERCARE INSURANCE SERVICES

This case involves a Petition for Removal filed by applicant Martin Hinds against the Los Angeles County Fire Department. Hinds sought removal of the issues of permanent disability and apportionment, which had been taken off calendar by the WCJ for judicial economy pending a WCAB decision on the Wilkinson doctrine. The Appeals Board denied removal, adopting the WCJ's report and citing the en banc decision in Benson v. Kaiser Medical Group, which addressed the Wilkinson doctrine's applicability post-SB 899. The Board found no present need to postpone trial given Benson is binding and there's no multiplicity of conflicting appellate court opinions.

RemovalPetition for RemovalWCABBenson v. Kaiser Medical GroupWilkinson doctrineSB 899apportionmentcausation statutesLab. Code $\S \S 4663$4664(a)
References
3
Case No. ADJ3673382
Regular
Mar 11, 2010

DOUGLAS BOULWARE vs. COUNTY OF LOS ANGELES FIRE DEPARTMENT; Permissibly Self-Insured, Administered By INTERCARE INSURANCE SERVICES

This case involves applicant Douglas Boulware and defendant County of Los Angeles Fire Department. The Workers' Compensation Appeals Board granted reconsideration of a December 22, 2009 decision. The Board rescinded that decision and returned the matter to the trial level for further proceedings and a new decision by the Workers' Compensation Judge.

Workers' Compensation Appeals BoardPetition for ReconsiderationGRANTING RECONSIDERATIONRESCINDEDRETURNED to trial levelfurther proceedingsWCJFRANK M. BRASSRONNIE G. CAPLANEJAMES C. CUNEO
References
0
Case No. ADJ7883834
Regular
May 15, 2019

TERESA CONCHA vs. COUNTY OF LOS ANGELES DEPARTMENT OF SOCIAL SERVICES, MEXICAN AMERICAN OPPORTUNITY FOUNDATION, STATE OF CALIFORNIA DEPARTMENT OF SOCIAL SERVICES IHSS, CARLOS LIMON, UNINSURED EMPLOYERS BENEFITS TRUST FUND

This Workers' Compensation Appeals Board case involves Teresa Concha and multiple defendants, including the County of Los Angeles Department of Social Services. The County initially disputed an employee-employer relationship, despite its funding of applicant's childcare services. The parties have now reached a settlement, prompting the Board to rescind a prior order. The case is returned to the trial level for finalization of the compromise and release agreement.

Workers' Compensation Appeals BoardCalWORKsemployee-employer relationshipsettlement agreementcompromise and releaserescinded findingsreturned to trial levelPetition for ReconsiderationJoint Report and RecommendationEAMS
References
0
Case No. LBO 321990 LBO 321992 LBO 323156
Regular
Nov 30, 2007

MICHAEL W. HEWITT vs. LOS ANGELES COUNTY FIRE DEPARTMENT, INTERCARE INSURANCE SERVICES

The Workers' Compensation Appeals Board denied the County Fire Department's petition for reconsideration of an award finding the applicant sustained total permanent disability. The Board will also impose a $1,000 sanction on the County's counsel for filing a petition that misrepresented the record regarding the applicant's permanent and stationary date. This sanction is for filing a petition deemed a frivolous bad-faith tactic in violation of statutory and regulatory obligations.

WCABPetition for ReconsiderationAmended Joint Findings of Fact and AwardFirefighterIndustrial InjuryPermanent Total DisabilityApportionmentPermanent Disability Rating ScheduleAgreed Medical Examiners (AMEs)Stipulation
References
8
Case No. 13-08-00269-CV
Regular Panel Decision
Oct 22, 2009

Luzelma Campos, Betty Jo Gonzalez, and Misty Valero v. Texas Department of Criminal Justice, Community Justice Assistance Division, Nueces County Substance Abuse Treatment Facility, Nueces County Community Supervision and Corrections, and Nueces County Adult Probation Department

Appellants Luzelma Campos, Betty Jo Gonzalez, and Misty Valero appealed the trial court's grant of a plea to the jurisdiction in favor of appellees, including the Texas Department of Criminal Justice and Nueces County entities. Appellants alleged federal civil rights violations and torts under the Texas Tort Claims Act, stemming from sexual harassment and assault during their incarceration. The appellate court affirmed the dismissal of the federal civil rights claims under 28 U.S.C. § 1983, determining that the appellees were state entities immune from such suits, and found claims for injunctive relief moot as appellants were no longer incarcerated. However, the court reversed the dismissal of claims under the Texas Tort Claims Act, remanding for further proceedings to allow discovery and amendment of pleadings regarding allegations of premise defect and the use of tangible personal property, consistent with prior rulings.

Plea to the JurisdictionSovereign ImmunityTexas Tort Claims ActFederal Civil RightsSection 1983Premise DefectTangible Personal PropertyNegligent Hiring and SupervisionSexual MisconductIncarceration Conditions
References
15
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