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

Case No. ADJ6605852, ADJ6605850
Regular
Aug 06, 2010

ANTHONY SOLER vs. MEADOWBROOK DAIRY, ZENITH INSURANCE COMPANY

The applicant, Anthony Soler, petitioned for removal from a WCJ's order taking his workers' compensation case off-calendar. Soler alleged widespread industrial injuries stemming from two periods of employment with Meadowbrook Dairy. The WCJ removed the case to allow for further discovery, specifically noting that the applicant's deposition was incomplete and there was no evidence of defendant dilatoriness. The Appeals Board denied the petition for removal, adopting the WCJ's reasoning that trial cannot be set until reasonable discovery is completed and concluding no significant prejudice resulted from the delay.

Petition for RemovalLabor Code § 5310Off-Calendar OrderIndustrial InjuryMaintenance TechnicianCumulative PeriodDeclaration of Readiness to ProceedMandatory Settlement ConferenceAOE/COESelf-Procured Medical Treatment
References
5
Case No. ADJ8472711
Regular
Jan 10, 2018

JOSE RAMON RAMIREZ vs. COASTAL GROWERS SUPPLY, INC., MEADOWBROOK INSURANCE

This case concerns a workers' compensation lien claim by Anderson Chiropractic, which was initially allowed only to the extent of $504.72 by an administrative law judge. Anderson Chiropractic petitioned for reconsideration, arguing for the full lien amount. Subsequently, Anderson Chiropractic and defendant Meadowbrook Insurance agreed to resolve the lien for $1,250.00 through mediation. The Workers' Compensation Appeals Board approved this agreement and amended the original order accordingly.

Workers' Compensation Appeals BoardLien claimantReconsiderationFindings and OrderWorkers' compensation administrative law judgePetition for reconsiderationMediationSettlement agreementPenaltyInterest
References
0
Case No. ADJ7173621
Regular
Jun 23, 2015

vs. MATSUI NURSERY, MEADOWBROOK INSURANCE

This case involves Maria Torres' workers' compensation claim for 100% permanent total disability due to an admitted injury to her ankle and psyche. The Workers' Compensation Appeals Board denied the defendants' petition for reconsideration, upholding the WCJ's decision. The Board gave great weight to the WCJ's credibility determinations and relied on the opinions of the agreed medical evaluators, Dr. Stark (orthopedic) and Dr. Sidle (psychiatric), who both concluded that 100% of the applicant's disability was industrially caused. The Board found the defense vocational expert's opinion unpersuasive as it was based on an incorrect history and legal theory, and that the applicant's pre-injury limitations did not preclude her from working.

Petition for ReconsiderationAgreed Medical EvaluatorComplex Regional Pain SyndromePain DisorderPermanent Total DisabilityVocational ExpertSubstantial EvidenceCredibility DeterminationsNon-industrial FactorsOrthopedic Injury
References
0
Case No. MISSING
Regular Panel Decision

Harney v. Meadowbrook Nursing Center

This case addresses a retaliatory discharge claim brought by a plaintiff/employee, a nurse's aid, who alleged termination after giving unfavorable testimony in a co-worker's unemployment compensation hearing. Defendants, a nursing home, countered that the plaintiff was an at-will employee and was discharged for allegedly perjured testimony. After an initial denial of summary judgment, the trial court ultimately dismissed the plaintiff's action. The intermediate appellate court reversed, extending the retaliatory discharge exception from Clanton v. Cain-Sloan Co. to this scenario. However, the Tennessee Supreme Court vacated the appellate court's decision, reinstating the trial court's dismissal. The Supreme Court clarified that Clanton's exception to at-will employment was specific to Workers' Compensation Law and found no clear public policy violation in the plaintiff's situation to justify another exception.

Retaliatory DischargeAt-Will EmploymentUnemployment CompensationWitness TestimonyPublic Policy ExceptionWorkers' Compensation LawJudicial PrecedentStatutory InterpretationAppellate ReviewTrial Court Dismissal
References
6
Case No. ADJ9268483
Regular
May 04, 2017

ELISEO PEREZ vs. ACEVEDO CONTRACTING, MEADOWBROOK INSURANCE

The Workers' Compensation Appeals Board dismissed the Petition for Reconsideration because it was filed against an interlocutory order, not a final decision on substantive rights or liabilities. The Board also denied the Petition for Removal, finding no showing of substantial prejudice or irreparable harm that would necessitate this extraordinary remedy. Removal was also denied as reconsideration was deemed an adequate future remedy. Therefore, the petitions were dismissed and denied accordingly.

Petition for ReconsiderationPetition for RemovalFinal OrderInterlocutory OrderSubstantive RightThreshold IssueSubstantial PrejudiceIrreparable HarmExtraordinary RemedyWorkers' Compensation Appeals Board
References
6
Case No. ADJ8214888
Regular
Sep 10, 2012

OLGA VALENCIA vs. YESSICA MARTINEZ, MEADOWBROOK INSURANCE

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration of a mandatory settlement conference order. However, the WCAB granted the applicant's request for removal, finding substantial prejudice and irreparable harm. The WCAB clarified the prior order to state that it does not preclude future panel Qualified Medical Examiner (QME) evaluations for the left foot/ankle, provided legal requirements are met. While the applicant's objection letters were deemed non-compliant with QME procedures at that time, the door remains open for future QME evaluations.

Workers' Compensation Appeals BoardRemovalReconsiderationMandatory Settlement ConferenceQualified Medical ExaminationTreating Physician's ReportLabor Code section 4062.2Substantial PrejudiceIrreparable HarmInterlocutory Orders
References
5
Case No. ADJ11024044
Regular
Sep 06, 2018

CRISTINA GODINEZ vs. BARCIACO FARMER INC., MEADOWBROOK INSURANCE

This case involves a Petition for Removal filed by the defendants. The Workers' Compensation Appeals Board (WCAB) has dismissed the petition. The dismissal is based on the petition being untimely, as it was filed more than 25 days after the WCJ's decision. California regulations require petitions for removal to be *received* by the WCAB within the prescribed time. Mailing the petition within the period is insufficient to establish timeliness.

Workers' Compensation Appeals BoardPetition for RemovalUntimelyDismissedWCJ decisionMail serviceBusiness day extensionFiling deadlineProof of mailingWCAB
References
0
Case No. ADJ7796577
Regular
Nov 30, 2012

DALE HIBPSHMAN vs. NATURAL ENVIRONMENTS, INC., MEADOWBROOK INSURANCE

The Workers' Compensation Appeals Board (WCAB) issued an order dismissing Dale Hibpshman's petition for reconsideration in case ADJ7796577. The petitioner, Dale Hibpshman, voluntarily withdrew their petition for reconsideration of the September 4, 2012 decision. Consequently, the WCAB formally dismissed the withdrawn petition. This action concluded the reconsideration phase of the case.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationDismissedWithdrawn PetitionADJ7796577NATURAL ENVIRONMENTS INCMEADOWBROOK INSURANCEDALE HIBPSHMANSeptember 4 2012 decisionFRESNO DISTRICT OFFICE
References
0
Case No. ADJ6908926
Regular
Jan 14, 2013

ALONSO RAMIREZ vs. ROYALTY LANDSCAPE, MEADOWBROOK INSURANCE GROUP

The Workers' Compensation Appeals Board granted reconsideration and rescinded the WCJ's decision, returning the case to the trial level. This was due to the improper exclusion of defendant's payroll records, which were relevant to determining applicant's employment status. The Board found that these records should have been admitted despite the lack of formal authentication, as workers' compensation proceedings allow for significant latitude in evidence admission. The case will be reheard for a proper admission of evidence and a new decision.

Workers' Compensation Appeals BoardReconsiderationFindings of Fact and OrderEmploymentGardenerBack InjuryShoulder InjuryNeck InjuryTerminationDue Process
References
3
Case No. ADJ8645979
Regular
Nov 19, 2013

BERENICE MONTOYA vs. NOR-WEST, INC., MEADOWBROOK INSURANCE GROUP

The Workers' Compensation Appeals Board (WCAB) issued an order dismissing a Petition for Reconsideration/Removal filed by the defendants. This dismissal is solely based on the petitioner's withdrawal of the petition. Therefore, the WCAB took no substantive action on the underlying decision of September 3, 2013.

Petition for ReconsiderationPetition for RemovalWithdrawn PetitionDismissed PetitionWorkers' Compensation Appeals BoardADJ8645979Salinas District OfficeSeptember 3 2013 decisionBradford BarthelSprenkle Georgariou
References
0
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