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Case Law Database

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

Case No. MISSING
Regular Panel Decision
Nov 02, 2015

In re Emmanuel J.

This case involves an appeal from a Family Court order in Fulton County, which adjudicated six children (Maximus K., Arianna K., Sophia K., Emmanuel J., Phoenix J., and Eva K.) to be neglected by their father, the respondent. The petitioner initially removed the children due to deplorable home conditions, and despite their return, filed new petitions citing persistent unsafe conditions and the father's failure to address Sophia's severe respiratory distress. The appellate court affirmed the Family Court's findings of neglect, concluding there was a sound and substantial basis to support neglect findings related to Phoenix's chronic poor hygiene and Sophia's unaddressed life-threatening medical needs. Additionally, the court upheld the dispositional order to continue the children's placement with the petitioner, citing the home's continued uninhabitable state. The respondent's arguments regarding the attorney for the children were also found to be unpreserved or without merit.

Child NeglectFamily Court Act Article 10Appellate ReviewSufficiency of EvidencePhysical NeglectEmotional NeglectParental CareMinimum Degree of CareBest Interests of ChildrenAttorney for the Children
References
25
Case No. ADJ7332228
Regular
May 04, 2016

Luis Zapanta vs. Pacific Gas & Electric Company

The Workers' Compensation Appeals Board denied Luis Zapanta's petition for reconsideration, upholding the prior ruling that his Independent Medical Review (IMR) was timely. The Board found that the IMR process, including Maximus Federal Services' review, complied with Labor Code section 4610.6(d) and relevant regulations. Applicant's arguments regarding the timeliness of the IMR determination and whether sufficient medical records were reviewed were rejected. The Board affirmed the administrative law judge's decision based on the WCJ's report and additional supporting regulations.

Workers' Compensation Appeals BoardIndependent Medical ReviewMaximus Federal ServicesPetition for ReconsiderationFindings of Fact and OrderLabor CodeCalifornia Code of RegulationsPrimary Treating PhysicianTimelinessSupporting Documentation
References
4
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