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

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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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
Case No. ADJ2623515 (SJO 0244721) ADJ1776322 (SJO 0250018)
Regular
Feb 10, 2010

THU-HA TRAN vs. THERMO LASER SCIENCE, ST. PAUL TRAVELERS, MATRIX ABSENCE MANAGEMENT

This case concerns Matrix Absence Management's petition for reconsideration of a workers' compensation decision regarding cost reimbursement for applicant Thu-Ha Tran's lumbar spine treatment. The arbitrator previously found insufficient evidence to compel reimbursement between Matrix and St. Paul Travelers. Matrix's petition lacked verification, a requirement under Labor Code section 5902. The Board dismissed the petition because Matrix failed to cure this defect despite notice. Even if verified, the Board would have denied the petition based on the original arbitrator's reasoning.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalVerificationLabor Code Section 5902Lucena v. Diablo Auto BodyFindings and OrderReimbursementLumbar SpineMatrix Absence Management
References
Case No. ADJ2317869
Regular
Aug 04, 2009

ALLEN BONET vs. HONDA OF OAKLAND, MATRIX ABSENCE MANAGEMENT

This case involves a Petition for Removal filed by Honda of Oakland and Matrix Absence Management. The Workers' Compensation Appeals Board denied the petition because the defendants failed to demonstrate substantial prejudice or irreparable harm, which are the strict requirements for removal. The Administrative Law Judge recommended denial, citing significant issues with the medical records and the applicant's inconsistent testimony regarding his date of injury. The ALJ had taken the matter out of submission to further develop the record, specifically to determine the correct date of injury, which is crucial for evaluating the defendants' post-termination and statute of limitations defenses.

Petition for RemovalWorkers' Compensation Appeals BoardADJ2317869Allen BonetHonda of OaklandMatrix Absence ManagementOrder Denying Petition for RemovalSubstantial PrejudiceIrreparable InjuryAOE/COE
References
Case No. ADJ3817494 (LAO 0863722)
Regular
Jun 21, 2017

CHRISTINE RANGEL vs. HONEYWELL INTERNATIONAL, INC, ZURICH NORTH AMERICA, MATRIX ABSENCE MANAGEMENT, INC

Applicant Rangel petitioned for reconsideration of a WCJ's award finding industrial injury and $63\%$ permanent disability, arguing she was permanently and totally disabled. Following a Commissioners' Settlement Conference, the parties executed a Compromise and Release agreement. The Board, after reviewing the agreement and the record, found it adequate and in the applicant's best interest, rescinded the prior award, and approved the Compromise and Release. This action included releasing any potential death benefit claims and approving the agreed-upon attorney's fees.

Workers' Compensation Appeals BoardChristine RangelHoneywell International IncZurich North AmericaMatrix Absence Management IncReconsiderationFindings and AwardCardiovascular system injuryPsyche injurySleep disorder
References
Case No. ADJ3434154
Regular
Mar 28, 2011

GARY ZIMMERMAN vs. LEPRINO FOODS, INC., MATRIX ABSENCE MANAGEMENT COMPANY

The Workers' Compensation Appeals Board granted reconsideration, finding that Leprino Foods violated Labor Code section 132a by failing to place the applicant on a required union leave of absence. While the Board affirmed the WCJ's decision that the applicant's termination was lawful based on a doctor's work restrictions, they awarded a 50% increase in compensation up to $10,000, plus costs, due to the Section 132a violation. However, the Board denied back pay, agreeing with the WCJ that lost wages were not caused by the employer's contract violation but by the lawful termination and the applicant's insufficient mitigation efforts. A dissenting commissioner argued for back pay, citing the discriminatory nature of the termination during the mandated leave and the lack of evidence for the WCJ's findings on misleading doctors and failed mitigation.

Labor Code section 132aLeprino FoodsMatrix Absence Management CompanyGary ZimmermanBrian Belanger D.C.permanent and stationary reportunion grievanceArbitratorback payreinstatement
References
Case No. ADJ4378485 (FRE 0224099) ADJ3026496 (FRE 0238219)
Regular
Nov 23, 2010

VICTORIA TAYLOR vs. LEPRINO FOODS, MATRIX ABSENCE MANAGEMENT

This case involves a defendant's petition for removal regarding the compensability of a psychiatric injury claim. The Appeals Board granted removal, canceling a trial date because discovery, specifically a supplemental report from an agreed medical evaluator, was incomplete. The Board found the previous WCJ order establishing a discovery plan was reasonable and should not be circumvented. Therefore, the matter is returned to the trial level for further proceedings to ensure adequate discovery and a fair defense.

Petition for RemovalPsychiatric InjuryDiscoveryAgreed Medical EvaluatorMedical ReportsDepositionSurveillance VideosSupplemental ReportOrder to QuashCompensability
References
Case No. ADJ878030 (MON 0360260) ADJ3081052 (MON 0358854)
Regular
Jul 11, 2012

AMTONIO MONTERO vs. HERRICK CORPORATION, MATRIX ABSENCE MANAGEMENT

In *Montero v. Herrick Corporation*, the Workers' Compensation Appeals Board (WCAB) granted a petition for reconsideration of an arbitrator's decision. The WCAB found that the statutory time constraints necessitated further study of the factual and legal issues. This reconsideration is intended to allow for a complete understanding of the record and for the arbitrator to file a Report and Recommendation. Accordingly, the WCAB granted reconsideration for these purposes and any further appropriate proceedings.

Workers' Compensation Appeals BoardPetition for ReconsiderationArbitrator's decisionStatutory time constraintsFactual and legal issuesReport and RecommendationGranting reconsiderationAntonio MonteroHerrick CorporationMatrix Absence Management
References
Case No. ADJ2317869 (OAK 0344295)
Regular
Mar 15, 2011

ALLEN BONET vs. HONDA OF OAKLAND, MATRIX ABSENCE MANAGEMENT

The Workers' Compensation Appeals Board reversed a prior finding that applicant sustained industrial injury to his spine. The Board found applicant's claim is barred by the post-termination defense under Labor Code section 3600(a)(10). Applicant failed to prove any exceptions to this defense, as there was no substantial evidence of employer notice of the alleged injury prior to termination. Furthermore, pre-termination medical records did not document the claimed back injury.

Allen BonetHonda of OaklandMatrix Absence ManagementADJ2317869OAK 0344295Workers' Compensation Appeals BoardOpinion and Decision After ReconsiderationWCJindustrial injuryspine
References
Case No. LBO 0351450 LBO 0351451
Regular
Jan 18, 2008

KIMBERLY CARTER vs. BROWNING AUTOMOTIVE, MATRIX ABSENCE MANAGEMENT, INC.

The Workers' Compensation Appeals Board granted reconsideration to correct a clerical error in a prior award. The Board amended the findings and award to accurately identify Everest National Insurance Company, adjusted by American Commercial Claims Administrators, as the liable carrier for the May 25, 2002 injury. The amendment also clarifies the employer's insurance coverage periods and the correct administrator.

Workers' Compensation Appeals BoardReconsiderationJoint Findings & Award & OrderIndustrial InjuryCervical SpineLumbar SpineKnee InjuryWorkers' Compensation CarrierMatrix Absence ManagementInc.
References
Case No. ADJ4558222 (SJO 0245951)
Regular
Nov 12, 2006

MARK STEPHENS vs. SUN MICROSYSTEMS, permissibly self-insured, administered by MATRIX ABSENCE MANAGEMENT

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior award, finding that the applicant's claim for further medical treatment was barred by the one-year statute of limitations under Labor Code section 5405. Despite the applicant's argument regarding inadequate notice based on the *Carls* decision, the Board concluded that the defendant provided all legally required notices following the industrial hernia injury. Therefore, the applicant's application, filed more than one year after the date of injury, expiration of payments, and last furnished medical benefits, was dismissed.

Labor Code section 5405statute of limitationsreconsiderationFindings and AwardApplication for Adjudication of Claimtollingactual knowledgeadequate noticelegally required noticesself-insured
References
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