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Case Law Database

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

Case No. ADJ2441046 (SAL 0080759)
Regular
Jul 18, 2014

ELIZABETH GUTIERREZ vs. MERVYN'S ESTATE, CALIFORNIA SELF-INSURERS SECURITY FUND

The WCAB denied Mervyn's Estate's petition for removal, upholding the WCJ's decision allowing applicant Elizabeth Gutierrez to pursue her psychiatric claim. The WCJ found Gutierrez's testimony credible regarding her inability to attend two prior psychiatric evaluations due to lack of transportation reimbursement. While the WCAB denied removal as an extraordinary remedy, it reiterated that further missed appointments may result in the denial of her psychiatric claim.

Petition for Removalpsychiatric claimqualified medical evaluatormissed appointmentstransportation expensescredible testimonyextraordinary remedysubstantial prejudiceirreparable harmreconsideration
References
2
Case No. ADJ6488616 ADJ6594232 ADJ6619612
Regular
Apr 20, 2003

Esperanza Navarro vs. MERVYNS, TRAVELLERS

The Workers' Compensation Appeals Board denied Esperanza Navarro's petition for reconsideration in cases ADJ6488616, ADJ6594232, and ADJ6619612. The Board adopted the findings and reasoning of the workers' compensation administrative law judge. This decision upholds the original ruling, denying Navarro's request for further review.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportdeny reconsiderationADJ6488616ADJ6594232ADJ6619612Esperanza NavarroMervynsTravellers
References
0
Case No. ADJ4546404
Regular
Aug 12, 2010

REBECCA SMITH vs. MERVYN'S, TRAVELERS INSURANCE COMPANY

This case involves a defendant seeking to compel an applicant to attend a Qualified Medical Evaluator (QME) appointment. The Workers' Compensation Appeals Board (WCAB) granted reconsideration because the trial judge improperly denied the petition, failing to address its merits and appearing to find an inconsistency with a related filing. The WCAB found the trial record inadequate due to multiple open case files and scheduling issues. Consequently, the WCAB rescinded the prior order and returned the matter for a status conference to clarify file duplication, the evaluator's status, and resolve outstanding issues, urging consideration of an Agreed Medical Evaluator (AME).

Panel Qualified Medical EvaluatorPQMEAgreed Medical EvaluatorAMEPetition to Compel AttendanceDeclaration of Readiness to ProceedDORRemovalReconsiderationEAMS
References
3
Case No. ADJ8209954
Regular
Jul 10, 2013

JOHN NAVROTH II vs. MERVYN'S STORES, ACE AMERICAN INSURANCE COMPANY, CONSTITUTION STATE SERVICES, INC.

This case involves a petition for reconsideration and removal filed by the applicant, John Navroth II. The Workers' Compensation Appeals Board (WCAB) dismissed the petition for reconsideration because it was not taken from a final order determining substantive rights or liabilities. The WCAB also denied the petition for removal, adopting the administrative law judge's report and finding no substantial prejudice or irreparable harm. Therefore, the petition for reconsideration was dismissed, and removal was denied.

Petition for ReconsiderationPetition for RemovalFinal OrderInterlocutory OrderSubstantive RightLiabilityWorkers' Compensation Appeals BoardLab. CodeRymer v. HaglerKaiser Foundation Hospitals
References
10
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