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

Case No. ADJ7077497, ADJ7984313, ADJ7984335

Regular

Oct 16, 2012

LULA TAVE vs. COUNTY OF LOS ANGELES/DEPARTMENT OF HEALTH SERVICES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of the prior decision. The WCAB rescinded the Administrative Law Judge's (WCJ) decision from August 2, 2012. The case is now returned to the trial level for further proceedings and a new decision by the WCJ. This order is not a final determination on the merits.

Petition for ReconsiderationGrant ReconsiderationRescind DecisionReturn to Trial LevelFurther ProceedingsDecision After ReconsiderationWCJ ReportWorkers' Compensation Appeals BoardAdministrative Law JudgeADJ7077497

References

Case No. ADJ7077497, ADJ7984313, ADJ7984335, ADJ8252375

Regular

Jan 07, 2013

LULA TAVE vs. COUNTY OF LOS ANGELES/DEPARTMENT OF HEALTH SERVICES

The defendant filed a petition for reconsideration from an order that granted reconsideration and returned the case to the trial level for further development of the record. This petition is dismissed because reconsideration can only be sought from a final order. The Board emphasized that the prior order was not a final decision on the merits and the parties can seek reconsideration of any new WCJ decision. The Board also noted that even if treated as a removal petition, it would be denied as no substantial prejudice or irreparable harm was demonstrated.

WCABPetition for ReconsiderationDismissedNon-final orderFurther development of the recordGood faith personnel actionsLabor Code Section 3208.3(h)Labor Code Sections 59005903Removal

References

Case No. ADJ1033194 (BAK 0136793) ADJ2121699 (BAK 0136792)

Regular

Jul 07, 2014

LULA JANETTE QUARY vs. STATE OF CALIFORNIA, CDCR CALIFORNIA CORRECTIONAL INSTITUTION, Legally Uninsured, STATE COMPENSATION INSURANCE FUND/STATE CONTRACTING SERVICES, Adjusting Agency

This case involves a defendant seeking reconsideration of a $\$289,200.00$ commutation of the applicant's permanent disability award. The applicant, Lula Janette Quary, sustained a $100\%$ permanent disability from industrial injuries as a correctional officer. The Appeals Board denied reconsideration, finding that the commutation was in the applicant's best interest, citing evidence of substantial debt and the potential for a home purchase to improve her ability to live on a diminished income. The Board adopted the WCJ's reasoning that the applicant's proof of debt and need for commutation preponderated over the defendant's lack of contrary evidence.

Workers' Compensation Appeals BoardCommutationPermanent DisabilityAward of CommutationPetition for ReconsiderationLabor CodeLump SumBest Interests of ApplicantFinancial ConditionDischarge Debts

References

Case No. ADJ1280594 (LBO 0368661)

Regular

Jan 28, 2014

LULA GOLDEN LACEY vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, SEDGWICK CMS

The Workers' Compensation Appeals Board (WCAB) granted a Petition for Removal concerning an Administrative Law Judge's (WCJ) prejudicial notes in a lien claim. The WCJ's notes questioned the legal justification for a lien claimant's excessive medical fee charges and suggested sanctions. The WCAB struck these notes, finding they created an "appearance of prejudice" that could improperly influence the trial judge. The case was returned to the trial level for a decision based on the merits, free from these comments.

Petition for RemovalConference NotesPrejudiceDue ProcessChilling EffectWCAB Rule 10561Report and RecommendationAppearance of PrejudiceDisqualificationTrial Judge

References

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LULA TAVE vs. COUNTY OF LOS ANGELES/DEPARTMENT OF HEALTH SERVICES

WCABPetition for ReconsiderationDismissedNon-final orderFurther development of the recordGood faith personnel actionsLabor Code Section 3208.3(h)Labor Code Sections 59005903Removal

LULA JANETTE QUARY vs. STATE OF CALIFORNIA, CDCR CALIFORNIA CORRECTIONAL INSTITUTION, Legally Uninsured, STATE COMPENSATION INSURANCE FUND/STATE CONTRACTING SERVICES, Adjusting Agency

Workers' Compensation Appeals BoardCommutationPermanent DisabilityAward of CommutationPetition for ReconsiderationLabor CodeLump SumBest Interests of ApplicantFinancial ConditionDischarge Debts

LULA GOLDEN LACEY vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, SEDGWICK CMS

Petition for RemovalConference NotesPrejudiceDue ProcessChilling EffectWCAB Rule 10561Report and RecommendationAppearance of PrejudiceDisqualificationTrial Judge