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

Case No. MISSING
Regular Panel Decision

McDuffie v. Wilner

Plaintiff Sean A. McDuffie filed a personal injury lawsuit after being injured in a motor vehicle accident caused by Jan S. Wilner, who was driving for JB Hunt Transport, Inc. The case was initially filed in New York State Supreme Court, Bronx County, and subsequently removed to a federal court in New York. McDuffie later added RSK, Co., his workers' compensation carrier, as a defendant, seeking declaratory relief regarding RSK's lien on any recovery. Wilner and JB Hunt moved for summary judgment to dismiss the complaint, arguing New York's No-Fault Insurance Law applied, while RSK moved to affirm its lien and the application of Connecticut's Workers' Compensation Law. McDuffie also moved for summary judgment on the issue of liability against Wilner and JB Hunt. The court granted McDuffie's motion for summary judgment on negligence liability against Wilner and JB Hunt, but denied it regarding reckless actions. The court denied Wilner and JB Hunt's motion to dismiss based on New York's No-Fault Insurance Law and granted RSK's motion, affirming its $65,023.25 lien on McDuffie's potential recovery.

Personal InjuryMotor Vehicle Accident LiabilitySummary Judgment ProcedureConflict of LawsWorkers' Compensation Lien LawNegligence StandardsNo-Fault Insurance ThresholdDiversity Jurisdiction LitigationFederal Court RemovalState Substantive Law
References
36
Case No. ADJ7365256
Regular
Dec 12, 2011

DONALD McDUFFIE vs. VERIZON WIRELESS INC, SEDGWICK

This case involves a petition for reconsideration filed by Donald McDuffie against Verizon Wireless Inc. and Sedgwick. The Workers' Compensation Appeals Board dismissed McDuffie's petition because it was untimely, filed more than 25 days after the administrative law judge's September 15, 2011 decision. The Board also noted that even if timely, the petition would have been denied on the merits based on the judge's report.

Petition for ReconsiderationUntimely FilingLabor Code § 5903Code of Civil Procedure § 1013Workers' Compensation Appeals BoardWCJ ReportDismissalDeidra E. LoweJoseph M. MillerSusan V. Hamilton
References
0
Case No. MON 254928
Significant
Feb 25, 2002

James McDuffie, Applicant vs. Los Angeles County Metropolitan Transit Authority, Permissibly Self-Insured, c/o Constitution State Service Company

The Board holds that where the medical record requires further development after trial, the preferred procedure is to first seek supplemental opinions from the physicians who have already reported in the case before considering the appointment of a new medical examiner.

En Banc DecisionMedical Record DevelopmentSupplemental OpinionsAgreed Medical Evaluator (AME)Qualified Medical Evaluator (QME)Court Appointed Medical EvaluatorFurther DevelopmentApportionmentPermanent DisabilityBus Operator
References
7
Case No. ADJ8843441
Regular
Oct 16, 2013

AUSTIN KWOMO vs. LOS ANGELES METROPOLITAN TRANSIT AUTHORITY

The Appeals Board granted the defendant's Petition for Removal, rescinding the WCJ's order to take the case off calendar. The Board found the WCJ prematurely ordered further medical record development before trial or submission for decision. Therefore, the case is returned to the trial level for proceedings consistent with *McDuffie*, with the WCJ retaining discretion to supplement the record *after* trial if necessary. The petition for disqualification of the WCJ was denied.

Petition for RemovalOrder Off CalendarFurther Development of RecordMedical OpinionsThreshold MatterTrialSubmission for DecisionExhibitsWitnessesSupplementation of Medical Record
References
1
Case No. ADJ8836050
Regular
Jan 26, 2016

EDUARDO CASTILLO vs. GENERAL MOTORS; permissibly self-insured, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

The Appeals Board granted the defendant's petition for removal, rescinding the WCJ's orders appointing new orthopedic and psychiatric evaluators. The Board found the WCJ erred by directly appointing new physicians without first attempting to supplement existing medical reports or deposing prior evaluators, as per the *McDuffie* precedent. The Board determined the existing medical reports were not "fatally flawed" and directed the parties to pursue supplemental opinions or depositions before appointing new evaluators.

WCABPetition for RemovalOrdersMedical Record DevelopmentPanel Qualified Medical EvaluatorAgreed Medical EvaluatorSupplemental ReportsDepositionsPrejudiceDelay
References
3
Case No. ADJ3412693
Regular
Oct 13, 2010

COLINE ANTOURI vs. WARNER BROTHERS STUDIO, PSI, WARNER BROTHERS WORKERS' COMPENSATION

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, which sought to deny reimbursement for applicant's medication costs. The Board granted the applicant's petition for removal, amending the order to further develop the record. This amendment requires parties to select an Agreed Medical Evaluator (AME) within ten days, or the WCJ will appoint a regular physician to address new and further disability and apportionment, following the procedure outlined in *McDuffie*. The Board affirmed the WCJ's original findings and orders otherwise.

Workers' Compensation Appeals BoardReconsiderationRemovalAgreed Medical EvaluatorRegular PhysicianLabor Code Section 5701Labor Code Section 4062.2(c)Utilization ReviewOut-of-Pocket ExpensesNew and Further Disability
References
1
Case No. ADJ7762146, ADJ9640376
Regular
Aug 06, 2019

STEVEN ESTAVILLO vs. CITY OF BURBANK

The Appeals Board granted reconsideration to rescind and substitute the WCJ's May 13, 2019 decision, remanding the case for further proceedings to develop the record according to *McDuffie*. The Board specifically admonished defense counsel for disrespectful and inappropriate language in pleadings, cautioning that future non-compliance may result in sanctions. The matter is returned to the WCJ to determine the applicant's entitlement to a combined award, permanent disability, further medical treatment, and attorney fees. The employer's liability for stipulated injuries to the spine, cardiovascular system, hernia, sleep, and psyche is acknowledged.

Petition for ReconsiderationWorkers' Compensation Appeals BoardOpinion and OrderJoint Findings and AwardOrder for CommutationFindings of FactMcDuffie v. Los Angeles County Metropolitan Transit AuthorityLab. Code§ 5813Cal. Code Regs.
References
1
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