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

Case No. MON 0299702 MON 0313489
Regular
Oct 15, 2007

REINA RIVERA vs. LSG SKY CHEFS, INC, LIBERTY MUTUAL INSURANCE CO.

In this workers' compensation case, the defendant, LSG Sky Chefs, Inc., filed a petition for reconsideration of a prior decision. The Workers' Compensation Appeals Board granted the petition, not on the merits, but to allow further study of the factual and legal issues. This means the original decision is effectively on hold pending further review and potential additional proceedings.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationLSG SKY CHEFSINCLIBERTY MUTUAL INSURANCE CO.MON 0299702MON 0313489Opinion and OrderReconsideration GrantedStatutory Time Constraints
References
Case No. MON 0325089 MON 0325090
Regular
Oct 05, 2007

NORA MEDEARIS vs. COUNTY OF LOS ANGELES

This case concerns the denial of an applicant's petition for reconsideration of a workers' compensation award. The applicant sought further temporary disability benefits beyond the 104-week limit imposed by Labor Code § 4656(c)(1). The Workers' Compensation Appeals Board denied the petition, finding the applicant failed to prove equitable estoppel against the defendant's application of the statutory limit, despite the defendant's initial refusal to authorize shoulder surgery. The Board adopted the WCJ's reasoning that the applicant did not demonstrate reliance on any conduct by the defendant that prevented her from timely pursuing authorization for the surgery.

Workers' Compensation Appeals BoardNora MedearisCounty of Los AngelesPermissibly Self-InsuredMON 0325089MON 0325090Opinion and Order Denying Petition for ReconsiderationInterim Joint Findings and AwardCentral Services TechnicianIndustrial Injury
References
Case No. MON 328728 MON 328729
Regular
Jan 30, 2008

RICARDO GARAY vs. INDUSTRIAL CONTAINER SERVICES, AMERICAN HOME ASSURANCE COMPANY, AIG CLAIM SERVICES

This case involves a dispute over temporary disability indemnity payments and a claimed overpayment by the defendant. The Appeals Board rescinded the prior findings on temporary disability due to conflicting evidence regarding payment dates and disability periods. The matter is returned to the trial level for further development of the record and new findings on temporary disability, potential overpayments, and the priority of liens, while affirming the findings of industrial injury, permanent disability, and the need for future medical treatment.

Workers Compensation Appeals BoardRicardo GarayIndustrial Container ServicesAmerican Home Assurance CompanyAIG Claim ServicesMON 328728MON 328729ReconsiderationJoint Findings and AwardWCJ
References
Case No. ADJ1459132
Regular
Jun 21, 2011

MARK JONES vs. TIME, INC.

The Workers' Compensation Appeals Board denied Mark Jones's petition for reconsideration in his case against Time, Inc. The Board adopted and incorporated the workers' compensation administrative law judge's report, which provided the reasons for the denial. The order formally denies the petition for reconsideration. The decision was dated and filed on June 21, 2011, and served on the applicant and his attorneys.

Workers' Compensation Appeals BoardDenying ReconsiderationPermissibly Self-InsuredLiberty Mutual Insurance CompanyWCJ ReportPetition for ReconsiderationAdministrative Law JudgeMON District OfficeADJ1459132MON 0294660
References
Case No. ADJ887768 (MON 0029718) ADJ4445992 (MON 0029719)
Regular
Jul 31, 2014

BERNARD BILLIK vs. HUGHES AIRCRAFT, WAUSAU INSURANCE COMPANY, LIBERTY MUTUAL INSURANCE COMPANY

This case concerns a Petition for Removal filed by defendants Hughes Aircraft and their insurers. The Workers' Compensation Appeals Board (WCAB) denied the petition, emphasizing that removal is an extraordinary remedy rarely granted, especially after trial has commenced or concluded. The WCAB found that the petitioners failed to demonstrate substantial prejudice or irreparable harm from denial. The Board concluded that reconsideration following a final adverse decision would be an adequate remedy for the defendants.

Petition for RemovalExtraordinary RemedySubstantial PrejudiceIrreparable HarmReconsiderationWCJ ReportSubmitted for DecisionAdverse DecisionFinal DecisionWorkers' Compensation Appeals Board
References
Case No. MON 0299474; MON 0299475 (MF); MON 0299476
Regular
Jul 09, 2008

JEANINE BRINKER vs. THE BOEING COMPANY, BROADSPIRE SERVICES

The Workers' Compensation Appeals Board denied the lien claimant's Petition for Reconsideration based on the WCJ's report. The Board also corrected a clerical error in the case caption, specifying that case number MON 0299475, not MON 0299474, is the master file. The WCJ's decision is otherwise affirmed.

Workers' Compensation Appeals BoardPetition for ReconsiderationDenying PetitionCorrection ErrorWorkers' Compensation Administrative Law JudgeMaster FileClerical ErrorContinuing JurisdictionJoint Findings Award and OrderLien Claimant
References
Case No. ADJ4532675
Regular
Sep 29, 2010

PAUL BLADEN vs. LUMEI OPTOELECTRONICS CORP.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to further study the case of Paul Bladen v. Lumei Optoelectronics Corp. After reviewing the record and the WCJ's report, the WCAB has decided to deny the petition for reconsideration. The WCAB adopted the factual and legal reasoning of the WCJ's report in its decision. Therefore, the petition for reconsideration was denied.

Appeals BoardReconsiderationDeniedOpinion and DecisionWCJ ReportPetition for ReconsiderationFactual and Legal IssuesWorkers' CompensationAdministrative Law JudgePaul Bladen
References
Case No. MON 0255649
Regular
Dec 27, 2007

IN SOON SONG vs. WINDSOR MANOR

The Workers' Compensation Appeals Board denied In Soon Song's petition for reconsideration, upholding a prior finding that her psychiatric injury claim was barred by Labor Code section 3208.3(h). This section excludes claims substantially caused by lawful, non-discriminatory, good-faith personnel actions. The Board adopted the Judge's report, which detailed how Song's employment issues, including disciplinary actions and a workplace conflict investigation, constituted such actions. Defendant's request for sanctions was also denied.

WORKERS' COMPENSATION APPEALS BOARDWINDSOR MANORMON 0255649LAO 0771737ORDER DENYING RECONSIDERATIONPetition for ReconsiderationLabor Code 5813sanctionsFindings and OrderLabor Code section 3208.3(h)
References
Case No. MON 0339411
Regular
Jul 21, 2008

Dionisio Jimenez vs. NUPAC APARTMENTS, STATE COMPENSATION INSURANCE FUND

This case involves a dispute over the proper method used to rate the applicant's permanent disability following a back and leg injury. The defendant contends the Agreed Medical Examiner improperly used the Range of Motion (ROM) method instead of the Diagnosis-Related Estimate (DRE) method per the AMA Guides. The Appeals Board rescinded the prior award and returned the case to the trial level for further development of the record. This development will address why the ROM method was used and clarify the appropriate rating methodology.

Workers' Compensation Appeals BoardDionisio JimenezNupac ApartmentsState Compensation Insurance FundMON 0339411Opinion and Decision After ReconsiderationFindings and AwardIndustrial InjuryBack InjuryRight Leg Injury
References
Case No. ADJ3821535
Regular
Jun 07, 2010

CARLETTE MOOREHEAD CALDWELL vs. SCIF/HR DEPARTMENT, SCIF SCIF EMPLOYEES ALL

This case involves a petition for reconsideration filed by the defendant against a March 18, 2010 decision. The Workers' Compensation Appeals Board (WCAB) has granted this petition. The WCAB deems reconsideration necessary to further study the factual and legal issues to ensure a just and reasoned decision. Pending a Decision After Reconsideration, all future communications must be directed to the Office of the Commissioners.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionDecision After ReconsiderationOffice of the CommissionersService by MailSCIF/HR Department
References
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