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

Case No. ADJ4845556
Regular
Aug 04, 2016

ROBERT LYMAN vs. DRESSER-ATLAS INDUSTRIES, Permissibly Self-Insured, CNA CLAIMS

This case involves Robert Lyman's claim against Dresser-Atlas Industries. The Workers' Compensation Appeals Board (WCAB) dismissed Lyman's "Petition for Removal" because it was misidentified in the system. The WCAB determined the filing was actually a Petition for Dismissal, which must first be addressed by the Workers' Compensation Judge. Consequently, the WCAB adopted the judge's report and dismissed the petition.

Petition for RemovalPetition for DismissalWCJ ReportEAMSWorkers' Compensation Appeals BoardDismissalMisidentifiedTrialAdministrative Law JudgeSan Luis Obispo
References
Case No. ADJ7522210
Regular
Aug 15, 2014

THERESA PENA vs. CASTRO VALLEY UNIFIED SCHOOL DISTRICT, KEENAN ASSOCIATES

The Workers' Compensation Appeals Board dismissed the Petition for Reconsideration because it was not filed from a "final" order, but rather an interlocutory procedural decision. The Board also denied removal, finding no showing of substantial prejudice or irreparable harm. Defense counsel was admonished for misidentifying the defendant and wasting the Board's time. The Board emphasized the importance of proper party identification in future filings.

Petition for ReconsiderationFinal OrderSubstantive RightInterlocutory DecisionRemovalWCAB Rule 10550Third-Party AdministratorCastro Valley Unified School DistrictAdministrative Law JudgeReport and Recommendation
References
Case No. ADJ7765510
Regular
Sep 09, 2014

TERRY BAUMGARTNER vs. WASTE MANAGEMENT, ACE AMERICAN INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board denied reconsideration of a sanction order against Gallagher Bassett Services, Inc. The sanction was imposed for misidentifying the insurance carrier in settlement documents and failing to respond to court orders. Defense counsel also improperly identified the petitioner, leading the Board to remind counsel of proper party identification rules. The denial was based on the WCJ's report, which detailed the procedural history and reasons for the sanction.

Petition for ReconsiderationSanction OrderWorkers' Compensation Appeals BoardAdministrative Law JudgeGallagher Bassett ServicesInc.Ace American Insurance CompanyWCAB Rule 10550Proper Identification of PartiesStipulations with Request for Award
References
Case No. ADJ9539560
Regular
May 14, 2015

OSCAR MELENDEZ vs. B&D UPHOLSTERY, PROCENTURY INSURANCE COMPANY, MIDWEST INSURANCE COMPANY

In this workers' compensation case, the defendant sought to invalidate the applicant's requested QME panel. The defendant argued that the applicant's request was invalid because it was not served on their attorney. The Appeals Board denied the petition for removal, finding that while service on the attorney was required, the defendant's own QME request contained material defects, including misidentifying the treating physician's specialty and the reason for the request. Therefore, the WCJ's finding of the applicant's panel's validity did not cause irreparable harm.

Petition for RemovalQualified Medical EvaluatorQME PanelLabor Code section 4060Compensability examWCAB Rule 10510(b)Service on attorneyRule 31.1(b)Specialty disputeMaterial defects
References
Case No. ADJ1282717 (LBO 0332013) ADJ1437663 (LBO 0333033) ADJ1830483 (LBO 0332918)
Regular
Mar 24, 2011

SUSAN RICHARDSON vs. PROSPECT HEALTH SOURCE MEDICAL GROUP, JAMES DANIEL, DANA EISENMAN, GRANITE STATE INSURANCE COMPANY, CHARTIS CLAIMS, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for FREMONT INSURANCE, STATE COMPENSATION INSURANCE FUND

This Nunc Pro Tunc Order corrects a clerical error in a prior Workers' Compensation Appeals Board decision. The applicant's attorney, Vernon Goldwater, was erroneously misidentified in the Award section of the January 27, 2011 Decision. The Order amends the Award nunc pro tunc to correctly identify Mr. Goldwater as the attorney entitled to a 12% fee for temporary disability indemnity. All other aspects of the January 27, 2011 Decision remain unchanged.

nunc pro tuncclerical errorcorrecting awardtemporary disability indemnityself-procured medical treatmentmedical-legal costsfuture medical treatmentGranite State Insurance CompanyState Compensation Insurance FundCalifornia Insurance Guarantee Association
References
Case No. ADJ10166295 ADJ10166294
Regular
Jun 22, 2016

ANGELICA NAVARRO vs. TAYLOR FRESH FOODS; Permissibly Self-Insured

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The Board adopted the WCJ's report, which found the defendant waived their right to request a replacement QME panel by previously agreeing to use a specific physician. The Board also noted the Medical Unit's decision to issue a replacement panel was based on incomplete information and did not comply with regulations. While the WCJ misidentified the physician as an Agreed Medical Examiner instead of a PQME, this error did not affect the outcome.

Workers' Compensation Appeals BoardPetition for ReconsiderationPanel Qualified Medical EvaluatorPQMEMedical UnitAgreed Medical ExaminerLabor CodeDWC Medical UnitOrthopedic SurgeryPain Medicine
References
Case No. ADJ2919964 (LAO 0735981)
Regular
Sep 15, 2011

ALICIA SAUCEDO vs. TRI MARINE CANNING CO.; CIGA by its servicing facility, BROADSPIRE, for SUPERIOR NATIONAL, in liquidation

The Workers' Compensation Appeals Board granted the defendant's petition for removal because a trial order setting a lien trial without allowing necessary discovery prejudiced the defendant and violated its due process rights. The defendant argued it had not had an adequate opportunity to investigate outstanding liens, some of which appeared to be new or misidentified. The Board rescinded the trial order, canceled the trial, and took the matter off calendar pending completion of discovery, finding this necessary to ensure fairness and facilitate potential settlement.

Workers Compensation Appeals BoardPetition for RemovalOrder Granting PetitionDecision After RemovalCalifornia Insurance Guarantee AssociationCIGABroadspireSuperior NationalLiquidationDiscovery
References
Case No. ADJ9105445
Regular
Dec 01, 2009

CHARLES STUMPH vs. COUNTY OF ORANGE, SHERIFF'S DEPARTMENT

This case concerns a clerical error in a prior Workers' Compensation Appeals Board (WCAB) opinion. The error involved misidentifying a defendant in the initial sentence of a paragraph. The WCAB has issued an order correcting this clerical error to accurately reflect that the applicant, Charles Stumph, entered into a compromise and release agreement with the County of Orange Sheriff's Department. This correction was made without granting further reconsideration, as such errors can be amended at any time. The Board's original decision rescinded the administrative law judge's findings and approved the compromise and release agreement.

Workers' Compensation Appeals BoardClerical ErrorReconsiderationLabor Code Section 132aFindings of Fact and OrderCompromise and ReleaseWCJWCAB Rule 10882Labor Code Section 5001Labor Code Section 5002
References
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