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

Case No. ADJ1597303 (ANA 0386686)
Regular
Jul 31, 2013

NHAN NGUYEN vs. DMJ SPA AND NAILS, INC., dba DMJ TRUCKING, DANNY CAO DOAN, MY HOANG THI TRINH, NGHIA CONG TRINH

This Workers' Compensation Appeals Board case involves Nhan Nguyen as the applicant and DMJ Spa and Nails, Inc. and its principals as defendants. The applicant filed a petition for reconsideration of a decision dated April 30, 2013. However, the petitioner has since withdrawn their petition. Therefore, the Board has issued an order dismissing the petition for reconsideration.

Petition for ReconsiderationDismissalWithdrawn PetitionWorkers' Compensation Appeals BoardApplicantDefendantDMJ Spa and NailsInc.Danny Cao DoanMy Hoang Thi Trinh
References
Case No. LAO 0832818, VNO 0508728
Regular
Jan 22, 2008

TOMAS ALONZO (deceased) BEATRIZ ALONZO (widow) vs. NHAN VAN NGUYEN aka KEVIN CONSTRUCTION, illegally uninsured, DAVID BENAVIDES; PACIFIC SPECIALTY INSURANCE COMPANY

This case involves a deceased worker, Tomas Alonzo, whose widow claims he was an employee of homeowner David Benavides. The Appeals Board denied reconsideration, upholding the finding that Alonzo was Benavides' employee because Alonzo's direct employer, Kevin Construction, was an unlicensed contractor. California law presumes unlicensed contractors and their employees are employees of the hiring party to ensure compensation.

Workers' Compensation Appeals BoardTomas AlonzoBeatriz AlonzoNhan Van NguyenKevin Constructionillegally uninsuredDavid BenavidesPacific Specialty Insurance CompanyLAO 0832818VNO 0508728
References
Case No. ADJ7284840
Regular
Jan 29, 2016

Sean Nguyen vs. Los Angeles Times, ESIS

The Workers' Compensation Appeals Board denied Sean Nguyen's Petition for Reconsideration. The Board adopted the Workers' Compensation Judge's report, which found that Nguyen sustained only a back laceration in a 1989 injury, with treatment not necessary after December 8, 1989. The judge found the applicant's subsequent claims of extensive injuries, including neck and back pain, were not supported by credible medical evidence from the time of the incident. The petition was also denied for failing to specify the statutory basis or detail the grounds for reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ ReportLabor Code Section 5903Labor Code Section 5902Order Denying PetitionSEAN NGUYENLOS ANGELES TIMESESISADJ7284840
References
Case No. ADJ8178211, ADJ8178210
Regular
Oct 24, 2013

LANI NGUYEN vs. DAVID'S BRIDAL, INC.; SEDGWICK CLAIMS MANAGEMENT

In Lani Nguyen v. David's Bridal, Inc., the Workers' Compensation Appeals Board dismissed the Applicant's Petition for Removal. The Board found the petition to be untimely filed. Even if timely, the Board would have denied the petition on the merits, adopting the WCJ's reasoning. Therefore, the Petition for Removal was dismissed.

Petition for RemovalWCJ Report and RecommendationuntimelymeritsdismissedWorkers' Compensation Appeals BoardDavid's BridalSedgwick Claims ManagementADJ8178211ADJ8178210
References
Case No. ADJ390857 (VNO 0495491)
Regular
Nov 18, 2014

MERCEDES WITTERMAN vs. HENRY MAYO NEWHALL MEMORIAL HOSPITAL, CRUM AND FORSTER

The Appeals Board granted removal and dismissed the defendant's petition for reconsideration regarding a WCJ's order to send van modification documents to an Agreed Medical Examiner. The Board determined that the specific type of lift required for the applicant's van is not a medical issue for an AME, but rather requires expertise in van modification. Therefore, the matter was returned to the WCJ for further proceedings and to obtain evidence from qualified experts in van modifications. The WCJ's original order was rescinded.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalAgreed Medical Examiner (AME)Utilization Review (UR)Independent Medical Review (IMR)van modificationpower chairliftmedical question
References
Case No. ADJ9376633, ADJ9378451
Regular
Oct 29, 2018

MARIA GONZALEZ vs. CRST VAN EX/CEDAR RAPIDS, NEW HAMPSHIRE INSURANCE COMPANY

This case involves applicant Maria Gonzalez and defendants CRST Van Ex/Cedar Rapids and New Hampshire Insurance Company. The Workers' Compensation Appeals Board granted reconsideration of a prior decision from August 13, 2018. The Board rescinded that decision and returned the matter to the workers' compensation administrative law judge for further proceedings and a new decision. This order is procedural and does not address the merits of the case.

Petition for ReconsiderationWorkers' Compensation Appeals BoardWCJ reportgrant reconsiderationrescind decisionfurther proceedingsDecision After Reconsiderationtrial leveladministrative law judgeADJ9376633
References
Case No. ADJ1063483 (SBR 0342621)
Regular
Sep 07, 2016

SONG ROGERS (Deceased); RICHARD ROGERS, vs. ALLIED VAN LINES, TRANSGUARD INSURANCE COMPANY OF AMERICA

This case involves Allied Van Lines seeking reconsideration of a prior order finding their employee, Song Rogers (now deceased), sustained a work-related injury. The employer argued the finding was based solely on the inconsistent testimony of the deceased's husband regarding employment details. The Board denied the petition, adopting the judge's findings that the husband's testimony was credible despite apparent inconsistencies. The Board emphasized the judge's opportunity to assess witness demeanor as critical to the credibility determination.

Workers' Compensation Appeals BoardAllied Van LinesTransguard Insurance Company of AmericaSong RogersRichard RogersFindings and OrderDarren Bergey M.D.employee statuscredibility determinationdeposition testimony
References
Case No. ADJ699427 (VEN 0109830) ADJ4450046 (VEN 0110322)
Regular
May 01, 2009

DOUGLAS STEPHENSON vs. ATLAS VAN LINES, NORTHRIDGE MOVING STORAGE, BROADSPIRE BREA, STATE COMPENSATION INSURANCE FUND

This case involves Douglas Stephenson's workers' compensation claim against Atlas Van Lines and its insurers. The Workers' Compensation Appeals Board has issued an order denying reconsideration of a previous decision. The Board adopted the reasoning of the workers' compensation administrative law judge's report in making its decision. Therefore, Stephenson's petition for reconsideration has been denied.

WORKERS' COMPENSATION APPEALS BOARDPetition for Reconsiderationworkers' compensation administrative law judgeWCJDENYING RECONSIDERATIONATLAS VAN LINESNORTHRIDGE MOVING STORAGEBROADSPIRESTATE COMPENSATION INSURANCE FUNDADJ699427
References
Case No. ADJ9202287
Regular
Nov 10, 2016

Steven Picazzo vs. U.S. Security Associates, Liberty Mutual Insurance Company, Loyola Marymount, Travelers

The applicant sought removal of an order taking his case off calendar, arguing it deprived him of a trial on his entitlement to a wheelchair van. The WCAB denied removal, finding no substantial prejudice or irreparable harm as the applicant had already purchased a van, and any reimbursement issue could be addressed later. The Board reasoned the urgency of an expedited hearing diminished once the applicant self-procured the van. Commissioner Sweeney dissented, believing the applicant showed potential prejudice due to ongoing denial of transportation services for a serious illness and urging immediate intervention.

Petition for RemovalExpedited HearingWCJ OrderWheelchair Accessible VanUtilization ReviewMedical TreatmentReimbursementSubstantial PrejudiceIrreparable HarmOff Calendar
References
Case No. ADJ8553864
Regular
Dec 10, 2013

RONNIE JOHNSON vs. PLYCON VAN LINES, VAN LINER INSURANCE COMPANY, LWP CLAIMS SOLUTIONS, INC.

The Workers' Compensation Appeals Board denied Ronnie Johnson's petition for reconsideration. The Board adopted the findings of the workers' compensation administrative law judge, who found that Johnson failed to prove his alleged injury arose out of and occurred in the course of employment. This decision was based on the judge's determination that Johnson was not a credible witness, due to conflicting testimony and contradictions with employer witness accounts. The Board gave great weight to the judge's credibility findings as permitted by law.

AOE/COEPetition for ReconsiderationWorkers' Compensation Appeals BoardWCJ credibilityinjury denialwarehouse workerslip and fallconflicting testimonyemployer witness testimonyapplicant's burden of proof
References
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