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

Case No. ADJ8009847; ADJ8386217
Regular
May 12, 2016

FAIZAH DEAN vs. SOUTHERN CALIFORNIA EDISON

The Workers' Compensation Appeals Board denied the applicant's Petition for Disqualification of the Workers' Compensation Judge. The Board adopted the judge's report and recommendation, finding no basis for disqualification. Furthermore, the applicant's petition was not verified and lacked the necessary declaration or affidavit. Therefore, the petition was denied.

Petition for DisqualificationWorkers' Compensation Appeals BoardWorkers' Compensation Administrative Law JudgeLabor Code Section 132aLabor Code Section 3208.3Labor Code Section 3201.5Mandatory Settlement ConferenceBifurcationAffirmative DefensePersonnel Action
References
Case No. ADJ14547470
Regular
Apr 17, 2025

RICHARD LYNN vs. CONTRA COSTA ELECTRIC, AMERICAN CASUALTY COMPANY OF READING, PA

The Workers' Compensation Appeals Board granted reconsideration to applicant Richard Lynn, who challenged a Workers' Compensation Arbitrator's (WCA) denial of his right to a Qualified Medical Evaluator (QME) examination. The WCA had found that Lynn forfeited this right by not attending a scheduled QME exam, citing an Alternate Dispute Resolution (ADR) agreement. The Board determined that the ADR section did not mandate forfeiture and that the WCA, like a WCJ, possessed discretion to appoint a medical examiner to ensure due process and fully adjudicate issues, especially given the lack of medical-legal reporting on industrial causation. Consequently, the Board rescinded the WCA's Findings and Order and returned the matter for further proceedings consistent with its decision.

ADR ProgramQMELabor Code Section 3600(a)(10)NECA/IBEWsubstantial justicedue processmedical-legal evaluationrescindedreturnedarbitraton
References
Case No. ADJ7376647 (1-ARB-130005)
Regular
Apr 25, 2016

Christopher Santi vs. Contra Costa Electric, Zurich Insurance Co.

The applicant seeks reconsideration of an arbitrator's decision concerning a July 2009 industrial injury. The applicant argues the arbitrator erred by not considering his Chronic Regional Pain Syndrome (CRPS) diagnosis, which treating and defense physicians link to $100\%$ permanent total disability. The applicant also challenges the apportionment of psychiatric disability, contending the QME's report lacks substantial evidence. The Appeals Board granted reconsideration, rescinded the original award, and returned the case for further proceedings to allow the arbitrator to review critical evidence, specifically the deposition of the applicant's treating physician, and to address the CRPS findings.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardChronic Regional Pain SyndromeApportionmentQualified Medical ExaminerDepositionsMedical EvidencePermanent DisabilityTrial Level
References
Case No. ADJ9308094
Regular
Nov 05, 2015

ROBERT KING vs. CUPERTINO ELECTRIC, INC., ZURICH NORTH AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration because the underlying order compelling a new QME panel was not a final order. The WCAB also denied the defendant's petition for removal, finding no significant prejudice or irreparable harm resulted from the order. The Arbitrator had discretionary authority to order a new QME panel due to a dispute over the review of medical imaging. The defendant's due process claims were rejected as they did not object or request further development of the record at the arbitration hearing.

QME PanelPetition for ReconsiderationPetition for Removalnon-final ordersubstantive rightsthreshold issueinterlocutorymedical discoverysignificant prejudiceirreparable harm
References
Case No. ADJ8145474
Regular
Apr 13, 2018

BRUCE HAYES vs. ANDERSON & HOWARD ELECTRIC, TRUCK INSURANCE EXCHANGE

The applicant sought removal of an arbitrator's order concerning discovery and evidence admission in a cumulative trauma claim under Labor Code section 3201.5. The Workers' Compensation Appeals Board dismissed the petition, finding it lacked jurisdiction. This is because the arbitrator's order was an interlocutory, procedural decision, not a "final" order as required for review under section 3201.5(a)(1). The Board noted there is no statutory provision for removal of non-final arbitrator decisions in "carve-out" cases.

Workers' Compensation Appeals BoardPetition for RemovalArbitrator's DecisionCumulative TraumaSpecific InjuryAlternative Dispute ResolutionLabor Code Section 3201.5Carve-out SystemsNECA/IBEW Workers' Compensation TrustFinal Order
References
Case No. ADJ10496894
Regular
Aug 25, 2017

Thurman Rogers, Jr. vs. CSI ELECTRICAL CONTRACTORS, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board dismissed Thurman Rogers, Jr.'s Petition for Reconsideration. The petition sought review of an interim order vacating prior findings, which is not a final order from which reconsideration can be sought. The Board found the applicant's arguments regarding union dispute resolution procedures were without merit in this context. Therefore, the petition was dismissed as improperly filed.

Workers Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalOrder Vacating OrderRule 10843International Brotherhood of Electrical WorkersIBEW Local 100alternative dispute resolutionfinal ordersubstantive right
References
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