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Case Law Database

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

Case No. ADJ7646278

Regular

May 25, 2012

KIRK ALVARADO vs. ALL AMERICAN ASPHALT, SEABRIGHT INSURANCE COMPANY

Former applicant's counsel sought reconsideration of an arbitrator's order requiring them to pay $525.00 to reimburse the defendant for a failed deposition. The arbitrator based the order on a "fair balance" rather than bad faith, believing the defense was ready to proceed. However, the Appeals Board granted reconsideration, rescinding the cost order. The Board found that miscommunication between the applicant and his attorney, not counsel's fault, caused the deposition's failure.

Workers' Compensation Appeals BoardPetition for ReconsiderationDecision After ReconsiderationFailed DepositionReimbursement of CostsLabor Code Section 5811MiscommunicationApplicant's CounselDefense CounselAward of Costs

References

Case No. ADJ8287163

Regular

Apr 15, 2014

DEAN LINDENMUTH vs. RACK WIDE, INC.; Administered By APPLIED RISK MANAGEMENT

This case involves an applicant seeking to reinstate his workers' compensation claim, which was dismissed due to his and his attorney's failure to appear at two hearings. The applicant's attorney cited a miscommunication regarding representation after the case venue was moved, leading to a mistaken belief that another attorney had taken over the case. The Appeals Board granted reconsideration, rescinded the dismissal, and returned the matter to the trial level. The Board also directed the judge to consider sanctions against the applicant's attorneys for their failure to properly handle the case and appear.

Workers' Compensation Appeals BoardADJ8287163Petition for ReconsiderationOrder Dismissing CaseWCJfailure to appeardue processvenue transfermiscommunicationattorney representation

References

Case No. ADJ10455998

Regular

Aug 28, 2017

MAURICIO SANCHEZ vs. BOYZ IN THE KITCHEN, EMPLOYERS ASSURANCE

The Workers' Compensation Appeals Board granted reconsideration and reduced sanctions against applicant's attorneys from $2,500 to $500. The initial sanctions were for allegedly misleading the WCJ about objecting to a dismissal notice, but the Board found no deliberate intent to deceive. However, the Board determined that internal miscommunication and inadequate supervision led to a misrepresentation and inefficient use of resources. The Board emphasized the need for better internal communication and adherence to procedures to avoid future sanctions.

Petition for ReconsiderationOrder Re: SanctionsNotice of Intent to DismissApplicant's Failure to AppearMisleading the CourtHearing RepresentativeInternal MiscommunicationsLabor Code Section 5813Bad-Faith ActionsWCAB Rule 10561

References

Case No. ADJ4510227 (LAO 0883503)

Regular

Mar 27, 2012

RONALD HOUGHTON vs. ALL BRANDS SEWING AND VACUUM, ENDURANCE INSURANCE COMPANY

This case consolidates two separate appeals before the Workers' Compensation Appeals Board. In the first matter, the Board granted reconsideration, rescinded an order vacating a stipulation, and reinstated the original stipulation to pay a lien claimant. The Board found the petition for reconsideration was timely and that the lien claimant failed to show good cause to be relieved from the stipulation. In the second matter, the Board dismissed a lien claimant's petition for reconsideration because it was not properly verified and the claimant failed to cure this defect after notice.

Petition for ReconsiderationStipulation and OrderLien ClaimantWCJRescindedVacatedTimely FiledGood CauseExceeding AuthorityMisimpression

References

Case No. ADJ10405277

Regular

Aug 10, 2018

JULIE VISH vs. SHARP HEALTH, ACE INSURANCE

The Workers' Compensation Appeals Board granted reconsideration and rescinded an earlier award ordering the defendant to authorize a nurse case manager. The Board found that the applicant's treating physician's recommendation for a nurse case manager, citing "complexity" and "miscommunication," lacked the specific medical reasoning required to establish necessity. The current ruling emphasizes that the applicant bears the burden of proving medical necessity through detailed evidence.

Nurse case managerUtilization reviewSubstantial medical evidenceMedical necessityLamin v. City of Los AngelesLabor Code section 4600(a)CausationCompensable injuryOpinion and OrderPetition for Reconsideration

References

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KIRK ALVARADO vs. ALL AMERICAN ASPHALT, SEABRIGHT INSURANCE COMPANY

DEAN LINDENMUTH vs. RACK WIDE, INC.; Administered By APPLIED RISK MANAGEMENT

Workers' Compensation Appeals BoardADJ8287163Petition for ReconsiderationOrder Dismissing CaseWCJfailure to appeardue processvenue transfermiscommunicationattorney representation

MAURICIO SANCHEZ vs. BOYZ IN THE KITCHEN, EMPLOYERS ASSURANCE

RONALD HOUGHTON vs. ALL BRANDS SEWING AND VACUUM, ENDURANCE INSURANCE COMPANY

Petition for ReconsiderationStipulation and OrderLien ClaimantWCJRescindedVacatedTimely FiledGood CauseExceeding AuthorityMisimpression

JULIE VISH vs. SHARP HEALTH, ACE INSURANCE