Updated Daily

Case Law Database

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

Case No. ADJ10586958

Regular

INOCENTA PALENCIA vs. NESTLE PREPARED FOODS, ACE AMERICAN INSURANCE COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES

This case concerns Inocenta Palencia's workers' compensation claim against Nestle. Palencia filed a Petition for Removal, an extraordinary remedy. The Workers' Compensation Appeals Board denied the petition, finding Palencia failed to demonstrate substantial prejudice or irreparable harm. The Board also determined that reconsideration would be an adequate remedy should an adverse decision be made later.

Petition for RemovalDeniedAppeals BoardWCJ reportsubstantial prejudiceirreparable harmreconsiderationadequate remedyextraordinary remedyCortez

References

Case No. ADJ3226482 (FRE 0237862)

Regular

Jul 02, 2009

JOEY BARELA vs. LEPRINO FOODS, MATRIX ABSENCE MANAGEMENT, INC.

The Workers' Compensation Appeals Board denied Leprino Foods' petition for reconsideration, affirming the administrative law judge's finding of industrial injury to the applicant's low back. The Board found that the applicant's $34\%$ permanent disability rating, determined using the AMA Guides and the 2005 Schedule, was correct, even though the applicant self-procured back surgery after the defendant denied authorization. Despite the denial, the agreed medical examiner later opined the surgery was reasonable and necessary, and it relieved the applicant's symptoms, supporting the disability assessment. Defendant did not rebut the permanent disability calculation under Labor Code section 4660.

Self-procured surgeryAgreed Medical ExaminerPermanent disability ratingAMA GuidesLabor Code section 4660Utilization reviewSecond opinionDRE Category IVWhole Person ImpairmentReconsideration denied

References

Case No. ADJ2727301 (VNO 0483678) ADJ1089887 (VNO 0483679) ADJ3168287 (VNO 0487540)

Regular

Dec 13, 2011

ADOLFO SANDOVAL vs. NESTLE USA-PREPARED FOODS, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

The Appeals Board vacated its prior order granting reconsideration and dismissed lien claimant Ronco Drugs' petition. This dismissal is because Ronco Drugs' petition for reconsideration of a November 13, 2008 order dismissing their lien was filed on April 11, 2011, which is significantly past the 25-day statutory deadline. The Board found the petition untimely, lacking jurisdiction to consider it, despite Ronco Drugs' claims of lack of notice. Consequently, the prior grant of reconsideration was improvidently made.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationOrder of DismissalDismissed with PrejudiceNotice of HearingUntimely PetitionLabor Code § 5903Jurisdictional Time LimitVacated Order

References

Case No. ADJ2727301/ADJ3168287

Regular

Apr 14, 2011

ADOLFO SANDOVAL vs. NESTLE USA-PREPARED FOODS, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

This case concerns a petition for reconsideration filed by a lien claimant, Ronco Drugs, regarding the dismissal of its lien for $4,022.79$. The lien claimant acknowledges the underlying case was settled in 2008 but argues its due process rights were violated as it never received settlement documents and its lien dismissal order was not responded to by the WCAB for years. However, the record shows significant delays, with the accidents occurring eight years prior and settlement over three years before the petition. The judge recommends dismissal due to the claimant's apparent delay in pursuing the matter.

Petition for ReconsiderationLien DismissalRonco DrugsWylie Lien SolutionsCompromise & ReleaseDue Process ViolationStatute of LimitationsTimelinessSettled Statement on AppealWorkers' Compensation Appeals Board

References

Case No. ADJ9442434

Regular

Oct 05, 2018

JUAN HERNANDEZ vs. TAYLOR FRESH FOODS, dba RIVER RANCH FRESH FOODS, ZURICH NORTH AMERICAN INSURANCE COMPANY

This Workers' Compensation Appeals Board case, *Hernandez v. Taylor Fresh Foods*, involves a petition for reconsideration that was dismissed as untimely. The Board found that the petition was filed over 25 days after the administrative law judge's decision, exceeding the jurisdictional deadline. Proof of mailing was insufficient; the petition needed to be *received* by the Board within the statutory period. Consequently, the Board lacked the authority to review the petition's merits.

Petition for ReconsiderationUntimely FilingJurisdictional Time LimitWCAB Rule 10507(a)(1)WCAB Rule 10508WCAB Rule 10845(a)WCAB Rule 10392(a)Proof of Mailing InsufficientMaranian v. Workers' Comp. Appeals Bd.Rymer v. Hagler

References

Case No. SAL 104703

Regular

Mar 14, 2008

GONZALEZ vs. GILROY FOODS, SEDGWICK CLAIMS MANAGEMENT

This case concerns a supplemental award of attorney's fees under Labor Code § 5801 following the denial of a defendant's petition for writ of review. The Court of Appeal found no reasonable basis for the petition and remanded the case for the Workers' Compensation Appeals Board (WCAB) to award fees for services rendered in connection with that petition. The WCAB affirmed the award of attorney's fees, clarifying that the WCJ lacks jurisdiction to approve fees under § 5801, which is the sole province of the WCAB upon remand.

Labor Code § 5801Petition for Writ of ReviewSupplemental AwardAttorney's FeesRemandWorkers' Compensation Appeals BoardCourt of AppealStipulation and AwardWCJFindings Order and Award

References

Case No. ADJ2073289 (SAC 0348742) ADJ2667420 (SAC 0348743)

Regular

Jul 20, 2011

DONALD VADNAIS vs. KRAFT FOODS NABISCO, permissibly self-insured

This case concerns a frivolous petition for reconsideration filed by Kraft Foods and its attorney to correct a three-cent clerical error. The Workers' Compensation Appeals Board (WCAB) granted reconsideration solely to address sanctions. The Board found the petition lacked reasonable justification and was an unnecessary expenditure of Board resources. Consequently, the WCAB imposed a $500 sanction jointly and severally on Kraft Foods, its attorney Sabrina L. Tseng, and the law firm Lewis Brisbois Bisgaard & Smith LLP.

Workers' Compensation Appeals BoardSanctionsLabor Code § 5813Cal. Code Regs. tit. 8 § 10561Frivolous PetitionClerical ErrorReconsiderationFindings of FactFindings and OrderWCJ

References

Case No. ADJ9154979; ADJ9318850; ADJ9318848; ADJ9532548

Regular

Aug 06, 2018

MARIA DEL CARMEN LOPEZ ANAYA vs. RAMONA’S FOOD GROUP, (PSI), CALIFORNIA CLAIMS MANAGEMENT SERVICES, TRAVELERS PROPERTY CASUALTY CO OF AMERICA

The Workers' Compensation Appeals Board denied Ramona's Food Group's petition for removal of an order compelling it to serve all documents to a lien claimant. The Board found that Ramona's Food Group failed to demonstrate substantial prejudice or irreparable harm, which are required for removal. The WCJ's report, incorporated by the Board, also noted the petition's procedural deficiencies, including lack of service on all parties. Consequently, the order compelling the service of documents remains in effect.

Petition for RemovalOrder Compelling Service of RecordWorkers' Compensation Appeals BoardAdministrative Law JudgeLien ClaimantCompromise and ReleaseAOE/COESubstantial PrejudiceIrreparable HarmZA Management

References

Case No. ADJ10934545

Regular

Aug 23, 2019

Richard Rodriguez vs. CPG FOODS, LLC/GALA FOOD, Cannon Cochran Management Services Inc.

The Appeals Board granted reconsideration and modified the original award, finding that the Qualified Medical Examiner's (QME) apportionment opinion lacked substantial evidence. The Board reversed the original 12% permanent disability finding, awarding 16% based on the QME's impairment rating after reviewing surveillance video evidence. The Board also clarified that treating physician reports from Dr. Mahboubian and Dr. Ahmed are admitted into evidence and may be relied upon. Finally, the Board affirmed the original findings regarding the injured body parts and the permanent and stationary date.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardApplicantDefendantsInjury AOE/COEUpper BackHipsKneesTemporary Total Disability

References

Case No. STK 161185, STK 172919

Regular

Apr 21, 2008

DARLINE STEWART vs. LEPRINO FOODS

This case concerns a lien claimant, Dr. Madireddi, seeking increased compensation for medical-legal reports. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, affirming the original decision but amending it to award Dr. Madireddi higher fees for her reports. The amended decision includes compensation for report preparation, stop-pay expenses, a 10% increase, and 7% annual interest for both reports.

Workers' Compensation Appeals BoardLeprino FoodsDarline StewartLien ClaimantL. Neena MadireddiMedical-Legal ReportFindings and OrderPetition for ReconsiderationWCJFee

References

Showing 1-10 of 449 results

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Updated Daily

Case Law Database

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

Case No. ADJ10586958

Regular

INOCENTA PALENCIA vs. NESTLE PREPARED FOODS, ACE AMERICAN INSURANCE COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES

Petition for RemovalDeniedAppeals BoardWCJ reportsubstantial prejudiceirreparable harmreconsiderationadequate remedyextraordinary remedyCortez

References

Case No. ADJ3226482 (FRE 0237862)

Regular

Jul 02, 2009

JOEY BARELA vs. LEPRINO FOODS, MATRIX ABSENCE MANAGEMENT, INC.

Self-procured surgeryAgreed Medical ExaminerPermanent disability ratingAMA GuidesLabor Code section 4660Utilization reviewSecond opinionDRE Category IVWhole Person ImpairmentReconsideration denied

References

Case No. ADJ2727301 (VNO 0483678) ADJ1089887 (VNO 0483679) ADJ3168287 (VNO 0487540)

Regular

Dec 13, 2011

ADOLFO SANDOVAL vs. NESTLE USA-PREPARED FOODS, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

References

Case No. ADJ2727301/ADJ3168287

Regular

Apr 14, 2011

ADOLFO SANDOVAL vs. NESTLE USA-PREPARED FOODS, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

References

Case No. ADJ9442434

Regular

Oct 05, 2018

JUAN HERNANDEZ vs. TAYLOR FRESH FOODS, dba RIVER RANCH FRESH FOODS, ZURICH NORTH AMERICAN INSURANCE COMPANY

References

Case No. SAL 104703

Regular

Mar 14, 2008

GONZALEZ vs. GILROY FOODS, SEDGWICK CLAIMS MANAGEMENT

Labor Code § 5801Petition for Writ of ReviewSupplemental AwardAttorney's FeesRemandWorkers' Compensation Appeals BoardCourt of AppealStipulation and AwardWCJFindings Order and Award

References

Case No. ADJ2073289 (SAC 0348742) ADJ2667420 (SAC 0348743)

Regular

Jul 20, 2011

DONALD VADNAIS vs. KRAFT FOODS NABISCO, permissibly self-insured

Workers' Compensation Appeals BoardSanctionsLabor Code § 5813Cal. Code Regs. tit. 8 § 10561Frivolous PetitionClerical ErrorReconsiderationFindings of FactFindings and OrderWCJ

References

Case No. ADJ9154979; ADJ9318850; ADJ9318848; ADJ9532548

Regular

Aug 06, 2018

MARIA DEL CARMEN LOPEZ ANAYA vs. RAMONA’S FOOD GROUP, (PSI), CALIFORNIA CLAIMS MANAGEMENT SERVICES, TRAVELERS PROPERTY CASUALTY CO OF AMERICA

References

Case No. ADJ10934545

Regular

Aug 23, 2019

Richard Rodriguez vs. CPG FOODS, LLC/GALA FOOD, Cannon Cochran Management Services Inc.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardApplicantDefendantsInjury AOE/COEUpper BackHipsKneesTemporary Total Disability

References

Case No. STK 161185, STK 172919

Regular

Apr 21, 2008

DARLINE STEWART vs. LEPRINO FOODS

Workers' Compensation Appeals BoardLeprino FoodsDarline StewartLien ClaimantL. Neena MadireddiMedical-Legal ReportFindings and OrderPetition for ReconsiderationWCJFee

References

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