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

Case No. ADJ3741925 (VNO 0106922) ADJ3558542 (VNO 0106921)
Regular
Jul 06, 2012

MICHELE KOTLARCHICK vs. GENERAL MOTORS CORPORATION

The Workers' Compensation Appeals Board denied General Motors' Petition for Reconsideration regarding a $500 contempt citation. The Board found the defendant's counsel persistently argued a point after the judge ruled against him and warned of contempt. This continued defiance constituted deliberate disobedience and flouting of the court's authority. Additionally, the Board denied the Petition for Removal concerning a discovery order, finding no substantial prejudice or irreparable harm.

Workers' Compensation Appeals BoardMichele KotlarchickGeneral Motors CorporationPetition for ReconsiderationContempt citationVigorous advocacyDefiance of rulingDirect contemptLabor Code § 5309(c)Petition for Removal
References
Case No. ADJ10261356
Regular
Jun 03, 2017

MICHELE GONSALVES vs. LIVE NATION, GALLAGHER BASSETT SERVICES, INC.

This case concerns a petition for reconsideration and removal filed by Applicant Michele Gonsalves against Live Nation and Gallagher Bassett Services, Inc. The Workers' Compensation Appeals Board dismissed the petition for reconsideration because it was not filed from a "final" order as defined by law. The Board also denied the petition for removal, finding no evidence of substantial prejudice or irreparable harm to warrant this extraordinary remedy. The WCJ's report, which the Board adopted, supported both decisions.

Petition for ReconsiderationPetition for RemovalFinal OrderSubstantive Right or LiabilityThreshold IssueInterlocutory OrderProcedural DecisionEvidentiary IssueExtraordinary RemedySubstantial Prejudice
References
Case No. ADJ7690958
Regular
Jul 17, 2012

MICHEL SALMO vs. PHASE II TRANSPORTATION, GREAT AMERICAN INSURANCE COPANY

The Workers' Compensation Appeals Board denied reconsideration of an administrative law judge's decision. The judge found the applicant, Michel Salmo, to be an independent contractor, not an employee of Phase II Transportation, at the time of his alleged injury. This finding was based on the judge's assessment of Salmo's testimony as unreliable and contradictory regarding his truck ownership and lease arrangements. The Board adopted the judge's report and recommendations, emphasizing the great weight given to credibility findings.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ ReportGarza v. Workers' Comp. Appeals Bd.independent contractoremployeeemployment relationshiplease agreementowner-operatorcontrol
References
Case No. SJO 0258872
Regular
Aug 12, 2008

JUANA MICHEL vs. JACK-IN-THE-BOX, AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA

The Appeals Board reconsidered a decision regarding Juana Michel's workers' compensation claim and amended the original award. The Board found that medical reports predating January 1, 2005, sufficiently indicated permanent disability, thereby making the 1997 Permanent Disability Rating Schedule applicable. Consequently, the applicant's permanent disability rating was increased from 31% to 53% based on the parties' stipulation and the application of the older rating schedule.

Workers' Compensation Appeals BoardPermanent DisabilityReconsiderationIndustrial InjuryLow Back InjuryPermanent Disability RatingSchedule for Rating Permanent DisabilitiesAmerican Medical Association GuidesAgreed Medical ExaminerTreating Physician
References
Case No. ADJ8408754
Regular
Sep 01, 2017

DAVID WILSON (Deceased) vs. SECURITAS SECURITY SERVICES USA, INC., SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board granted reconsideration of a decision regarding deceased applicant David Wilson's permanent disability benefits. The Board found the record inadequate to determine if applicant's right hand tremors stemmed from his industrial injury. Therefore, the case is returned to the trial level for further medical development of this specific issue by Dr. Horner. The Board did not address other contentions concerning benefit termination after death or constitutional challenges at this time.

Securitas Security ServicesSedgwick Claims Management ServicesDavid Wilson (Deceased)Michele WilsonAnthony WilsonTia CarringtonPetition for ReconsiderationFindings and Award and Orderworkers' compensation administrative law judgeWCJ
References
Case No. ADJ3189130 (STK 0188538)
Regular
Dec 08, 2010

DAVID DYKES vs. E. & J. GALLO WINERY

The Workers' Compensation Appeals Board granted reconsideration of a prior decision that found the applicant sustained a compensable industrial injury to his psyche. The Board found that the applicant failed to meet the burden of proof under Labor Code section 3208.3(b)(1) that actual employment events were the predominant cause of his psychiatric injury. Medical evidence submitted by the applicant's own psychologist was deemed insufficient due to lack of clear reasoning and an inability to establish predominant causation. Therefore, the Board amended the findings to reflect that no compensable industrial injury to the psyche was proven.

Workers' Compensation Appeals BoardE. & J. Gallo WineryDavid Dykesindustrial injurypsyche injurycompensable consequenceLabor Code section 3208.3(b)(1)predominant causesubstantial medical evidenceDr. Robert Schneider
References
Case No. ADJ9719037
Regular
Jun 13, 2019

WILLIAM MICHELS vs. UNIVERSITY OF CALIFORNIA SAN FRANCISCO

In this workers' compensation case, the defendant sought reconsideration of a finding that the applicant sustained a cumulative trauma injury. The defendant argued that a Qualified Medical Examiner's report, obtained after the 90-day statutory period, should be admissible to rebut the presumption of compensability. The Workers' Compensation Appeals Board denied the petition, adopting the judge's reasoning that the defendant failed to timely deny the claim, triggering the presumption. The Board found no admissible evidence presented to overcome this presumption within the required timeframe.

cumulative trauma injuryLabor Code section 5402presumption of compensabilitytimely denialQualified Medical ExaminerEli HendelM.D.90-day periodrebut presumptionPetition for Reconsideration
References
Case No. ADJ9719037
Regular
Nov 27, 2017

MICHELS, William vs. UNIVERSITY OF CALIFORNIA SAN FRANCISCO

The Workers' Compensation Appeals Board denied the employer's petition for reconsideration. The employer sought to challenge a finding that no documents related to the Labor Code section 5402 presumption of compensability were generated after the hearing date. The Board found this objection was based on a stipulation the employer itself made and had not previously contested. Therefore, the employer's petition was denied as it essentially objected to its own prior agreement.

Workers' Compensation Appeals BoardPetition for ReconsiderationOpinion and OrderFindings and OrderAdministrative Law JudgeLabor Code section 5402presumption of compensabilitystipulationrejecting liabilityself-insured
References
Case No. ADJ8140937
Regular
Nov 19, 2015

MICHELE CHAPMAN vs. KAISER FOUNDATION HEALTH PLAN

This case involves Kaiser Foundation Health Plan's Petition for Removal challenging an order closing discovery and setting a trial date. Kaiser argued the order prejudiced its ability to conduct discovery after being joined late in the proceedings. However, the Board discovered the parties had already entered into a Stipulated Award on the scheduled trial date, resolving the dispute. Consequently, the Petition for Removal became moot and was dismissed. The Board also noted the defendant's failure to inform them of the resolution, which led to an unnecessary review.

Petition for RemovalWCJ OrderDiscovery ClosureTrial SettingPermissibly Self-InsuredSedgwick Claims ManagementStipulations with Request for AwardAward Pursuant to StipulationsMoot PetitionUnnecessary Review
References
Case No. ADJ6946296
Regular
Sep 19, 2017

MICHELE KELLEY vs. LOMA LINDA UNIVERSITY MEDICAL CENTER

This case involves lien claimants whose liens were dismissed for failing to appear at a hearing noticed as a status conference on attorney's fees. The claimants argued their non-appearance was justified as they believed the hearing did not concern their liens. The Workers' Compensation Appeals Board granted reconsideration, finding the claimants' failure to appear was due to excusable neglect based on the hearing's specific notice. Consequently, the dismissal orders were rescinded, and the matter was returned for further proceedings.

WCABPetitions for ReconsiderationLien ClaimsWCJStatus ConferenceLien ConferenceWCAB Rule 10770.1Failure to AppearExcusable NeglectCode of Civil Procedure section 473(b)
References
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