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Case Law Database

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

Case No. ADJ7605039
Regular
May 25, 2012

LYNETTE KERMANINEJAD vs. GOOD SAMARITAN HOSPITAL, BROADSPIRE

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration in the case of Kermaninejad v. Good Samaritan Hospital. The Board adopted the findings of the administrative law judge and incorporated them into their order. Defense counsel was admonished for attempting to introduce new evidence without meeting the required legal standard. Therefore, the Petition for Reconsideration was denied.

WCABReconsideration deniedNew evidenceWCAB Rule 10856Administrative law judge reportDefense counsel admonishedSan Jose District OfficeGood Samaritan HospitalBroadspireLynette Kermaninejad
References
Case No. ADJ3132204 (AHM 0076439)
Regular
May 08, 2014

LYNETTE WINTER vs. COUNTY OF RIVERSIDE

This Workers' Compensation Appeals Board case involves a Petition for Removal filed by the applicant, Lynette Winter. The Board denied removal, adopting the WCJ's report which found misrepresentations of fact and law in the petition. The Board also noted the applicant's counsel failed to comply with procedural rules for disqualification petitions and that compelling a WCJ's testimony is forbidden. Counsel was admonished that further such petitions could lead to sanctions.

Petition for RemovalWCJ ReportMisrepresentations of Fact and LawPetition for DisqualificationLabor Code Section 5311WCAB Rule 10452WCAB Rule 10593Compel TestimonySanctionsAdmonishment
References
Case No. ADJ3132204 (AHM 0076439)
Regular
Sep 12, 2014

LYNETTE WINTER vs. COUNTY OF RIVERSIDE, Permissibly Self-Insured

The Workers' Compensation Appeals Board dismissed Lynette Winter's Petition for Removal. This petition sought to reverse a prior denial of her request to change venue and re-litigate the transfer of her case from Anaheim to Riverside. The Board found her current petition to be successive and a rehash of previously rejected arguments regarding venue and perceived bias. Consequently, the Board dismissed the petition.

Petition for RemovalVenueRiverside District OfficeSan Diego District OfficeAnaheim OfficeAppearance of BiasLabor Code Section 5501.6Code of Civil Procedure Section 394Successive PetitionOrder Denying Petition for Removal
References
Case No. ADJ3132204 (AHM 0076439) ADJ3910647 (RIV 0069381)
Regular
Mar 04, 2013

LYNETTE WINTER vs. COUNTY OF RIVERSIDE

The Workers' Compensation Appeals Board granted reconsideration, overturning a prior decision that denied treatment at the Kerlan Jobe Clinic. The Board found that while Kerlan Jobe was located outside the standard MPN mileage/time parameters, the applicant's selection was reasonable given her complex spinal condition and the clinic's expertise. Defendant is now obligated to authorize treatment with a Kerlan Jobe physician. All other issues remain deferred.

WCABPetition for ReconsiderationMedical Provider Network (MPN)Kerlan Jobe ClinicDetrimental RelianceContract FormationExpedited HearingMinutes of HearingReport and RecommendationIndustrial Injury
References
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