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

Case No. AHM 0118031; AHM 0118045; AHM 0118046; AHM 0118048; AHM 0118050; AHM 0118332
Regular
May 13, 2008

NHIEN TRAN vs. CARGOTEC, INC., EMPLOYERS SELFINSURANCE SERVICES, INC.

The Workers' Compensation Appeals Board denied the lien claimant's petition for reconsideration of an award of $\$ 2,217.50$ for medical treatment, finding the original decision supported by substantial evidence including an Agreed Medical Examiner's opinion and fee schedule limitations. The Board also dismissed the lien claimant's amended petition for reconsideration as untimely filed, noting it was received after the statutory deadline. Furthermore, a supplemental amended petition was dismissed as unauthorized under Appeals Board rules.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationJoint Findings & Award & OrderAdministrative Law JudgeACOEM GuidelinesCompromise and ReleaseAgreed Medical ExaminerOfficial Medical Fee ScheduleLabor Code section 4604.5
References
4
Case No. ADJ1054155 (LAO 0854446) ADJ1247741 (LAO 0854447) ADJ1895803 (LAO 0854448)
Regular
May 03, 2011

HIRITI OKUAMICHAEL vs. PAUL OWENS SHOES INC., STATE FARM FIRE AND CASUALTY COMPANY, STATE COMPENSATION INSURANCE FUND

This amended order clarifies that the Workers' Compensation Appeals Board has granted the applicant's petition for reconsideration of the February 8, 2011 Findings and Awards. This reconsideration aims to allow the Board to thoroughly study the factual and legal issues, including those to be raised in the applicant's supplemental petition. The applicant's request to file a supplemental petition has also been granted and reaffirmed. All future communications regarding these cases should be directed to the Office of the Commissioners of the WCAB.

Supplemental PetitionReconsiderationAppeals Board Rule 10848Findings and AwardsDecision After ReconsiderationOffice of the CommissionersWCABADJ1054155ADJ1247741ADJ1895803
References
0
Case No. ADJ399293 (AHM 0126172)
Regular
Mar 06, 2014

CINDY PIERCE PALMER vs. CANINE CAROUSEL, STATE FARM FIRE & CASUALTY

The Appeals Board dismissed the applicant's Petition for Removal as moot because she attended the scheduled medical evaluation despite her objections. Applicant argued the evaluation was improper due to alleged procedural defects, but the Board found her petition untimely and her claims unsubstantiated by current law. Furthermore, the injury predated a relevant statutory amendment, making the applicant's procedural objections inapplicable. Therefore, the petition seeking to rescind the order compelling attendance was dismissed.

Petition for RemovalWorkers' Compensation Appeals BoardWCJMedical ExaminationQualified Medical EvaluatorQMELabor Code Section 4062.3Labor Code Section 4062.2Agreed Medical EvaluatorIndustrial Injury
References
0
Case No. ADJ203531 (MON 0266113)
Regular
May 28, 2013

WILLIE GOINGS vs. WERNER ENTERPRISES, ST. PAUL TRAVELERS INSURANCE

The Workers' Compensation Appeals Board denied the applicant's Petition for Reconsideration and Petition for Removal. The applicant sought to overturn a stipulation where a lien claimant, CCHN, was awarded payment and agreed to terminate services, arguing he was aggrieved and the judge should have been reassigned. The Board found the applicant lacked standing to object to the stipulation between other parties and had waived any reassignment objection by participating in hearings. Furthermore, while the judge technically erred in rescinding a separate submission order, the applicant suffered no prejudice as their reconsideration petition was properly forwarded and addressed.

WCABPetition for ReconsiderationPetition for RemovalStipulation and OrderLien ClaimantContinuity Care Home NursingCCHNHome Health Care ServicesWCJAutomatic Reassignment
References
4
Case No. ADJ3412693
Regular
Oct 13, 2010

COLINE ANTOURI vs. WARNER BROTHERS STUDIO, PSI, WARNER BROTHERS WORKERS' COMPENSATION

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, which sought to deny reimbursement for applicant's medication costs. The Board granted the applicant's petition for removal, amending the order to further develop the record. This amendment requires parties to select an Agreed Medical Evaluator (AME) within ten days, or the WCJ will appoint a regular physician to address new and further disability and apportionment, following the procedure outlined in *McDuffie*. The Board affirmed the WCJ's original findings and orders otherwise.

Workers' Compensation Appeals BoardReconsiderationRemovalAgreed Medical EvaluatorRegular PhysicianLabor Code Section 5701Labor Code Section 4062.2(c)Utilization ReviewOut-of-Pocket ExpensesNew and Further Disability
References
1
Case No. ADJ2373766 (AHM 0114662)
Regular
Mar 10, 2009

DENNIS HAWKINS vs. WERNER ENTERPRISES; ST. PAUL TRAVELERS INSURANCE COMPANY

The Workers' Compensation Appeals Board (Board) granted reconsideration on its own motion after a lien claimant's petition was untimely considered. The Board found that the initial dismissal of the lien claimant's lien was improper as the Administrative Law Judge (ALJ) did not consider the lien claimant's timely objection. While the lien claimant's petition for reconsideration was dismissed as it sought review of a non-final order, the Board amended the ALJ's dismissal order. The matter was returned to the ALJ for further proceedings on the lien claimant's objection.

Lien ClaimantPetition for ReconsiderationNotice of Intent to DisallowWCJ Order Dismissing LienCompromise and ReleaseIndustrial InjuryDue ProcessStatutory Time PeriodBoard Motion ReconsiderationInterlocutory Order
References
5
Case No. ADJ4671941
Regular
Oct 11, 2010

GEORGE VIVEIROS vs. TURLOCK CITY TOW SERVICE, WESTPORT INSURANCE CORPORATION, SOUTHLAND CLAIMS SERVICE, INC.

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration and dismissed their Petition for Removal. The Board found that the defendant failed to timely object to the applicant's request for back surgery and that substantial medical evidence supported the need for the procedure. The defendant's arguments regarding the timeliness of their objection, burden of proof, and the sufficiency of medical evidence were rejected. Consequently, the original finding and award, granting the applicant entitlement to back surgery, remains upheld.

Petition for ReconsiderationPetition for RemovalFinding and AwardBack SurgeryUtilization ReviewLabor Code section 4610Burden of ProofDWC Rule 9792.6(o)Substantial Medical OpinionAdministrative Law Judge
References
0
Case No. ADJ3792067 (SAL 0069777)
Regular
Dec 10, 2010

JANE GILBERT vs. BORDERLINE FAMILY RESTAURANT, MID CENTURY INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration and denied their Petition for Removal. The defendant sought to overturn an administrative law judge's order that sustained the applicant's objection to the defendant's declaration of readiness and sent the case off-calendar for further discovery. The WCAB found that the judge's order was not a final order, precluding reconsideration. Furthermore, removal was denied as the defendant failed to demonstrate substantial prejudice or irreparable harm, and procedural defects in the applicant's objection were timely cured.

Petition for RemovalPetition for ReconsiderationDeclaration of ReadinessObjectionCase Off CalendarFurther DiscoveryPenalty of PerjuryFinal OrderSubstantive RightsExtraordinary Remedy
References
13
Case No. ADJ8213064, ADJ8222631
Regular
Jan 22, 2016

MUBINA KUSLJUGIC vs. COMMUNITY ASSISTANCE FOR RETARDED & HANDICAPPED, INC., ZENITH INSURANCE COMPANY, ENDURANCE MARKEL, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted SCIF's Petition for Reconsideration to amend the Findings, Award, and Orders to dismiss the applicant's claim for a specific back injury and correct a clerical error. SCIF's Petition for Removal, seeking WCJ disqualification, was denied as improperly filed and skeletal. The applicant's Petition for Removal regarding further development of the record was also denied, as reconsideration was deemed the appropriate remedy for a final order, and the Board found the issues properly before them. All other aspects of the original Findings, Award, and Orders were affirmed.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalAgreed Medical ExaminerCumulative InjurySpecific InjuryPermanent DisabilityDiscovery MatterAttorney-Client PrivilegeCode of Civil Procedure
References
9
Case No. ADJ2217160
Regular
Jul 16, 2012

ALICIA NEGRETE vs. MARRIOTT INTERNATIONAL, MARRIOTT CLAIMS SERVICES

The Workers' Compensation Appeals Board granted defendants' petition for reconsideration because a crucial document, their First Amended Petition for Penalties, was missing from the EAMS record. This missing petition was referenced in their petition for reconsideration and is essential for a complete understanding of the case. The Board will dismiss the defendants' petition for reconsideration unless they provide a copy of the referenced document within 15 days. All future filings must be sent directly to the Appeals Board Commissioners' office, not district offices or EAMS.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationFirst Amended Petition for PenaltiesCosts and SanctionsEAMSNotice of Intention to DismissAdmitted EvidenceStatutory Time ConstraintsFactual and Legal IssuesDecision After Reconsideration
References
2
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