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

Case No. ADJ9607300
Regular
Feb 24, 2020

Danielle Manning vs. Conifer Health Solutions

The Workers' Compensation Appeals Board granted reconsideration of a prior decision regarding Danielle Manning's claim. While affirming the original decision, they amended its findings of fact. The Board specifically found that Manning sustained injury arising out of and in the course of employment to psych/stress. The issue of causation for alleged injuries to her right index finger and headaches remains deferred.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ ReportGrant ReconsiderationAmend DecisionAffirm DecisionAccounts Receivable CollectorPsych/Stress InjuryRight Index Finger InjuryHeadaches
References
Case No. ADJ7626422
Regular
Dec 03, 2014

JOSE AHUMADA vs. BUILDING MATERIALS HOLDING, ACE AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration because it sought review of an interlocutory order, not a final decision. However, the WCAB granted removal on its own motion to address the WCJ's order. This order, which directed the parties to obtain a new Qualified Medical Evaluator (PQME), was rescinded because the issue was moot after the defendant canceled the deposition and the PQME became available within the statutory timeframe. The WCAB cautioned the defendant for seeking reconsideration of a non-final procedural order.

PQMEPetition for ReconsiderationWCJ Orderdepositionreplacement PQMEinterlocutory orderremovalrescindedmoot issuevocational expert
References
Case No. ADJ7937462
Regular
Jan 10, 2014

ARNOLD MORENO vs. CENTRAL METAL, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied a Petition for Reconsideration in the case of *Arnold Moreno v. Central Metal, Inc.* The denial was based on the arbitrator's report, which the Board adopted. Additionally, the Board admonished the petitioner's counsel for attaching an unadmitted exhibit containing only selected pages from bankruptcy proceedings, violating WCAB Rule 10842. Therefore, the petition for reconsideration was formally denied.

WCABPetition for ReconsiderationDeniedArbitrator's ReportWCAB Rule 10842Bankruptcy ProceedingsAdmonishmentExhibit AdmissionOfficial Address RecordDavis Healthcare
References
Case No. ADJ9729192
Regular
Feb 09, 2015

ROBERT HILL vs. ALAMEDA COUNTY INDUSTRIES; COMMERCE AND INDUSTRY CO.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a December 10, 2014 award approving stipulations in the case of Robert Hill. The applicant sought to set aside this award. The WCAB rescinded the award and returned the matter to the trial court for further proceedings. This action was based on the WCJ's report and recommendation, which the WCAB adopted.

Petition to Set Aside StipulationsAwardPetition for ReconsiderationWCJ Report and RecommendationRescind AwardFurther ProceedingsGarbage ManLumbar SpineRight KneePermanent Disability
References
Case No. ADJ8199713
Regular
Nov 01, 2013

RAFAEL BACA vs. GARCIA JUAREZ CONSTRUCTION, INTERCARE

This case involves an order from the Workers' Compensation Appeals Board dismissing Rafael Baca's Petition for Reconsideration. The Board adopted the administrative law judge's report and recommendation, finding the petition was untimely filed. Therefore, the Board dismissed the petition.

Petition for ReconsiderationuntimelydismissedWorkers' Compensation Appeals Boardadministrative law judgeReport and RecommendationADJ8199713Garcia Juarez ConstructionIntercareRafael Baca
References
Case No. ADJ8087609
Regular
Mar 14, 2014

JORGE GUEVARA vs. USA WASTE OF CALIFORNIA, ACE AMERICAN INSURANCE

The Appeals Board dismissed the applicant's Petition for Reconsideration because it was improperly taken from an interlocutory order, not a final decision. However, removal was granted and the WCJ's January 15, 2014 Findings and Orders were affirmed. Specifically, the findings regarding the applicant's date of birth and the specific body parts injured were amended for clarity and to reflect only the issues at trial. The amendment also mandates a new panel in internal medicine.

WCABPetition for ReconsiderationFinal OrderInterlocutory OrderRemovalDecision After RemovalFindings and OrdersMedical UnitInternal MedicineFuel Man
References
Case No. ADJ9409445
Regular
Nov 03, 2014

MICHAEL LINSCOTT vs. ALL TECH MACHINE ENGINEERING, INC., AMTRUST NORTH AMERICA

Here's a summary of the case in four sentences for a lawyer: The Workers' Compensation Appeals Board denied Applicant Michael Linscott's Petition for Reconsideration and Removal. The Board found that reconsideration is not appropriate for a discovery order and the petition lacked required verification. The underlying issue involved a dispute over the specialty of a Qualified Medical Examiner panel requested by both parties. The Administrative Law Judge's report, adopted by the Board, found no evidence of procedural error by the Medical Unit in issuing the panel.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for Removaldiscovery orderfinal ordersigned verificationLabor Code section 5902specific injurysaw manQME Panel
References
Case No. ADJ6513976
Regular
Aug 12, 2010

MARIA EMPEDRADO vs. DENNY'S, GALLAGHER BASSETT

This case involves Maria Empedrado's workers' compensation claim against Denny's and its third-party administrator, Gallagher Bassett. The Workers' Compensation Appeals Board (WCAB) has denied Empedrado's petition for reconsideration of an earlier decision. The WCAB adopted the findings of the workers' compensation administrative law judge (WCJ) and gave great weight to the WCJ's credibility determinations.

WORKERS' COMPENSATION APPEALS BOARDORDER DENYING RECONSIDERATIONWCJ reportcredibility findingGarza v. Workmen's Comp. Appeals Bd.Petition for Reconsiderationadministrative law judgeADJ6513976MARIA EMPEDRADODENNY'S
References
Case No. ADJ7773341
Regular
Mar 20, 2014

KELVIN HUNTER vs. SAN JOSE SABERCATS, ZURICH NORTH AMERICA INSURANCE COMPANY

A Petition for Removal was filed in this workers' compensation case. The petitioner subsequently withdrew the petition. Consequently, the Workers' Compensation Appeals Board has ordered the Petition for Removal dismissed. No further action will be taken on the withdrawn petition.

Petition for RemovalWithdrawn PetitionDismissed PetitionWorkers' Compensation Appeals BoardSan Jose SabercatsZurich North America Insurance CompanySedgwickADJ7773341Anaheim District OfficeFrank M. Brass
References
Case No. ADJ8745178
Regular
Jan 23, 2014

KHIN LAY vs. SWEDA COMPANY LLC, ZURICH AMERICAN INSURANCE

The Workers' Compensation Appeals Board denied Khin Lay's petition for reconsideration. The Board adopted the findings of the Administrative Law Judge (WCJ), emphasizing the significant weight given to the WCJ's credibility determination. The applicant, Khin Lay, sought reconsideration after his claim was denied, likely based on findings that he was the initial aggressor in a workplace altercation. The WCJ's report, which the Board incorporated, detailed conflicting testimony regarding the altercation but ultimately found the applicant's actions met the standard for the initial aggressor defense, leading to the denial.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeInitial Aggressor DefenseCredibility FindingPhysical AltercationEyewitness TestimonyCourse and Scope of EmploymentAggressivenessReasonable Man Standard
References
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