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

Case No. ADJ4360135
Regular
Oct 18, 2010

JOSE MARTINEZ vs. JACK NEAL & SON, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for FREMONT INSURANCE COMPANY, CAMBRIDGE INTEGRATED SERVICES

The Workers' Compensation Appeals Board denied CIGA's petition for reconsideration, upholding the administrative law judge's award of medical treatment. CIGA argued the treatment was improperly authorized due to the applicant's alleged failure to object to prior utilization review (UR) denials. However, the Board found CIGA waived this defense by not raising it at trial, and instead litigated the merits of the treatment request. The evidence supported the treating physician's recommendations for a motorized wheelchair, new walker, assisted transportation, exercise, and massage as reasonable and necessary for the applicant's industrial back injury.

CIGAUtilization ReviewLabor Code section 4062Affirmative DefensesWaiverTrialMedical TreatmentMotorized WheelchairAssisted TransportationWCJ
References
Case No. ADJ1885105
Regular
Dec 16, 2010

SCOTT SIMONS vs. SUPERHEAT SERVICES, INC., SPECIALTY RISK PLEASANTON

The Appeals Board denied the applicant's petition for reconsideration regarding penalties and attorney fees, finding no evidence of unreasonable delay by the defendant. The Board granted the defendant's petition in part, reversing the order for a medical-legal examination by Dr. Sadoff for left knee surgery due to an underdeveloped record. However, the Board affirmed the WCJ's award of significant medical treatments, including home care, a motorized wheelchair, and neurological treatment for dementia, finding the treating physician's opinions more persuasive than utilization review denials. Finally, the Board clarified that transportation expenses are only for medical and medical-legal appointments, not legal ones.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardFurther Medical TreatmentDr. DeSallesDr. SadoffHome CareMotorized WheelchairTilt-Table TestENG Study
References
Case No. ADJ1372133 (VNO 0488219)
Regular
Jul 19, 2011

CHARLES ROMANO vs. RALPHS GROCERY COMPANY, Permissibly Self-Insured

This case involves applicant Charles Romano's reconsideration of a Supplemental Findings and Award regarding medical treatment penalties against Ralphs Grocery Company. The applicant sought penalties for delays in providing a wheelchair and reimbursing out-of-pocket expenses, including a van. However, the WCJ rescinded the Supplemental Award and scheduled further proceedings, rendering the petitions for reconsideration moot. Consequently, the Workers' Compensation Appeals Board dismissed both the applicant's and defendant's petitions for reconsideration.

Workers Compensation Appeals BoardSupplemental Findings and AwardMedical Treatment PenaltiesL.C. §§ 58145814.5wheelchairout-of-pocket medical expenseswheelchair accessible vanOrder Rescinding Supplemental Findings and AwardPetition for Reconsideration
References
Case No. ADJ11826196
Regular
Oct 09, 2020

HUBER GARCIA vs. TESLA MOTORS, ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board (WCAB) has rescinded a prior WCJ decision in *Garcia v. Tesla Motors*. This action was taken because the parties have reached a proposed settlement while the case was pending on reconsideration. The matter is now returned to the trial level for the WCJ to review the settlement. If the settlement is not approved, the WCJ can reinstate the original decision, with the option for further reconsideration.

Workers' Compensation Appeals BoardReconsiderationProposed SettlementRescind DecisionReturned to Trial LevelWCJAdministrative Law JudgeZurich North AmericaTesla MotorsADJ11826196
References
Case No. VNO 388892, VNO 388897
Regular
Dec 21, 2007

DARRELL BOWEN vs. GALPIN MOTORS, INC., LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a prior decision regarding Darrell Bowen's claim against Galpin Motors and Liberty Mutual. While affirming the original decision, the Board amended one finding of fact to assess a 25% penalty for unreasonable delay in providing medical treatment, not exceeding $10,000. The parties were directed to adjust this penalty with jurisdiction reserved.

Workers' Compensation Appeals BoardReconsiderationWCJ reportMedical treatment delayPenalty assessmentUnreasonably delayedJurisdiction reservedOpinion and OrderDecision After ReconsiderationFindings of Fact
References
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. ADJ2667325 (LAO 0789144)
Regular
Jul 08, 2014

Brenda Millender vs. Ford Motor Company

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding Brenda Millender sustained a psychiatric injury due to her employment at Ford Motor Company. Ford argued the WCJ erred in finding actual employment events caused the injury, that medical evidence was insufficient, and that the injury stemmed from lawful personnel actions. The WCAB rescinded the award and returned the case to the trial level. This is because the WCJ did not properly analyze Ford's affirmative defense that the injury was substantially caused by good faith personnel actions, as required by Labor Code section 3208.3(h). The WCJ also failed to consider Ford's documentary evidence supporting its defense and misapplied the causation standard for good faith personnel actions.

Workers' Compensation Appeals BoardBrenda MillenderFord Motor CompanyOpinion and Decision After Reconsiderationindustrial cumulative traumapsyche injurypredominant causeLabor Code section 3208.3good faith personnel actionssubstantial medical evidence
References
Case No. ADJ8817767
Regular
Mar 03, 2016

YOLANDA JONES vs. DEPARTMENT OF MOTOR VEHICLES, STATE COMPENSATION INSURANCE FUND

This Workers' Compensation Appeals Board case involves a petition for removal filed by the applicant, Yolanda Jones, against the Department of Motor Vehicles and State Compensation Insurance Fund. The applicant's attorney, Ratto Law Firm, subsequently withdrew the petition for removal. Consequently, the Board has issued an order dismissing the withdrawn petition.

Petition for RemovalWithdrawn PetitionDismissed PetitionWorkers' Compensation Appeals BoardADJ8817767Department of Motor VehiclesState Compensation Insurance FundMarguerite SweeneyRatto Law Firm
References
Case No. ADJ1137286
Regular
Mar 03, 2009

PINAZ KOLAHI vs. GENERAL MOTORS CORP., SEDGWICK CLAIMS MANAGEMENT

Defendant General Motors seeks reconsideration of a Workers' Compensation Appeals Board decision awarding temporary disability, permanent disability, and future medical treatment to applicant Pinaz Kolahi. Defendant argues the cumulative trauma period ending date is unsupported, temporary disability is unsubstantiated, and permanent disability indemnity was calculated at an incorrect rate. The Board granted reconsideration, rescinded the original and amended findings, and remanded the case for further proceedings due to an apparent inconsistency between the amended findings and opinion on decision. The Board expressed no opinion on the merits of the underlying contentions.

WCABADJ1137286VNO 0490167Pinaz KolahiGeneral Motors Corp.Sedgwick Claims ManagementFindings and AwardAmended Findings and AwardPetition for ReconsiderationReport and Recommendation
References
Case No. ADJ7721818 ADJ7721448
Regular
Feb 04, 2013

JERRY BONDS vs. LANDJET MOTOR CARRIER, STATE COMPENSATION INSURANCE FUND

This case involves applicant Jerry Bonds' workers' compensation claims against Landjet Motor Carrier and State Compensation Insurance Fund. The Workers' Compensation Appeals Board (WCAB) has issued an order dismissing Bonds' Petition for Reconsideration. The dismissal is based on the grounds that the petition was not timely filed. The WCAB adopted the reasoning of the workers' compensation administrative law judge's report in their decision.

Petition for ReconsiderationDismissedTimely FiledWCJ ReportWorkers' Compensation Appeals BoardLandjet Motor CarrierState Compensation Insurance FundADJ7721818ADJ7721448Pomona District Office
References
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