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

Case No. ADJ3897698 (ANA 0370975)
Regular
Feb 03, 2010

CARLOS URREA vs. MLB INVESTMENTS dba B&E FEED & SUPPLY, TRUCK INSURANCE EXCHANGE

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision finding the defendant not liable for an applicant's back surgery and subsequent hardware removal. The WCAB ruled that while the initial surgery by Dr. Fonseca was deemed unreasonable and unnecessary, the defendant remains liable for the removal of hardware resulting from that surgery as a compensable consequence of the industrial injury. The WCAB rescinded the previous order and returned the case for further proceedings on the issue of credit for the applicant's civil malpractice settlement.

Workers' Compensation Appeals BoardIndustrial InjuryLow Back InjurySelf-Procured SurgeryCompensable ConsequenceMedical MalpracticeAgreed Medical EvaluatorReasonable and NecessarySurgical HardwareProximate Cause
References
Case No. ADJ3550667 (OXN 0149715)
Regular
Apr 08, 2009

Deanna Rasmussen vs. VIJAY GARG, M.D., INC., PREFERRED EMPLOYERS INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior finding that the applicant was an employee, determining she was an independent contractor. Key factors supporting this decision included the applicant's specialized skills, license, provision of her own malpractice insurance, billing via invoice, and receipt of a 1099 tax form. Unlike employees, she did not receive benefits like sick leave or paid holidays, and controlled the means by which her work was accomplished, despite the employer providing supplies and equipment. Therefore, her claim for workers' compensation benefits was denied.

Workers' Compensation Appeals BoardVijay Garg M.D. Inc.Preferred Employers Insurance CompanyDeanna Rasmussennuclear cardiology technologistindependent contractoremployeeright knee hip shoulder groin injuryspecialized skillslicense
References
Case No. ADJ9036531, ADJ9816754
Regular
May 18, 2018

JOSE GONZALEZ vs. SKY POOL CENTER, INC., a California Corporation, CHANG HEE KIM, JUN KOO KIM

This case concerns a Petition for Reconsideration that was dismissed as untimely by the Workers' Compensation Appeals Board (WCAB). The WCAB determined the petition was filed significantly after the jurisdictional deadline for filing such a request following the Order Approving Compromise and Release. Even if timely, the WCAB would have denied the petition on its merits based on the WCJ's report. Parties are reminded of their obligation to update their addresses with the WCAB promptly.

Petition for ReconsiderationUntimely FilingWCJ ReportService of ProcessOfficial Address RecordJurisdictional Time LimitDismissalOrder Approving Compromise and ReleaseWorkers' Compensation Appeals BoardLabor Code
References
Case No. ADJ7646278
Regular
May 25, 2012

KIRK ALVARADO vs. ALL AMERICAN ASPHALT, SEABRIGHT INSURANCE COMPANY

Former applicant's counsel sought reconsideration of an arbitrator's order requiring them to pay $525.00 to reimburse the defendant for a failed deposition. The arbitrator based the order on a "fair balance" rather than bad faith, believing the defense was ready to proceed. However, the Appeals Board granted reconsideration, rescinding the cost order. The Board found that miscommunication between the applicant and his attorney, not counsel's fault, caused the deposition's failure.

Workers' Compensation Appeals BoardPetition for ReconsiderationDecision After ReconsiderationFailed DepositionReimbursement of CostsLabor Code Section 5811MiscommunicationApplicant's CounselDefense CounselAward of Costs
References
Case No. ADJ1160066 (MON 0261712)
Regular
Apr 29, 2014

ROBERT VILARINO vs. CHROMATICS, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, For FREMONT INSURANCE COMPANY, In Liquidation, Administered by SEDGWICK CMS

This case concerns a worker who sustained a permanent total disability after receiving a voluntary flu vaccination at his employer's premises. The employer sought a credit for the worker's third-party settlement against its workers' compensation liability. The Appeals Board rescinded a prior finding of employer negligence, concluding that the employer was not liable for the independent contractor's actions in administering the vaccine. The Board found no evidence of employer negligence and granted the full third-party settlement amount as a credit to the employer.

Transverse myelitisInfluenza vaccineThird party creditEmployer negligenceNon-delegable dutyIndependent contractorMedical malpracticeStandard of careVicarious liabilityReconsideration
References
Case No. ADJ103216 (LAO 0867367) MF, ADJ7061769, ADJ7167560
Regular
Mar 25, 2013

ROSA PALAFOX vs. PELICAN PRODUCTS, INC., UNITED STATES FIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed defendant Pelican Products' petitions for reconsideration. These petitions challenged a judge's decision not to disqualify another judge and a trial held despite a pending disqualification issue. The Board found both petitions lacked merit and that defendant's attorney, Martin Reiner, had a history of filing frivolous motions and abusing process. Sanctions against Mr. Reiner were contemplated but deferred to avoid further delay in the case.

Petition for ReconsiderationWCJ DisqualificationLabor Code Section 5910SanctionsFrivolous PetitionAbuse of ProcessPeremptory ChallengesInformal Petition to DisqualifyNotice of Intention to SubmitMandatory Settlement Conference
References
Case No. ADJ202816 (SBR 0308903)
Regular
Sep 28, 2009

MARIA MILLAN vs. COMPLETE PERSONNEL SERVICE, STATE COMPENSATION INSURANCE FUND

Reconsideration denied for applicant's workers' compensation claim. The 1997 Schedule, not the 2005 Schedule, applies to determine permanent disability.

WCABFindings of Fact and AwardReconsideration DeniedIndustrial InjuryPermanent Disability1997 Schedule2005 ScheduleCompensable ConsequenceAgreed Medical EvaluatorLabor Code Section 4660(d)
References
Case No. ADJ164955
Regular
Nov 14, 2011

Esther Montoro Beldarrain vs. STATE FARM, SPECIALTY RISK LA HABRA

The Workers' Compensation Appeals Board denied reconsideration of the applicant's petition, upholding the WCJ's decision. The applicant sought to avoid a third-party credit for the defendant, arguing waiver and inapplicability of the credit based on various contentions. The WCJ found these arguments unsupported by legal authority and evidence, emphasizing the clear statutory right to a credit under Labor Code Section 3861. Additionally, the Board noted potential sanctions against the applicant's attorney for continued non-compliance with an order to produce settlement proceeds and distribution documentation.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJLabor Code section 5813settlement proceeds and distributionthird party creditwaiverLabor Code Section 3861MICRACivil Code Section 3333.1
References
Case No. AHM 0113851
Regular
Jun 23, 2008

MYKEAL ANDREW WAGNER vs. WAL-MART STORES, INC., CMI/FRANK GATES SERVICE COMPANY

The Workers' Compensation Appeals Board denied the applicant's Petition for Removal, adopting the WCJ's report which found the petition to be unverified, untimely, and lacking merit. The Board noted that the applicant's continued refusal to proceed to trial has caused significant delays and may lead to case dismissal or sanctions. The applicant's actions, including demanding a judge change and refusing to proceed with trial, are identified as the sole cause of the protracted litigation.

WORKERS' COMPENSATION APPEALS BOARDPetition for RemovalWCJ reportDENY REMOVALsanctionsagreed medical examinerunverified petitionuntimely petitionmandatory settlement conferenceconflict of interest waiver
References
Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
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