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

Case No. ADJ4522242 (VNO 0452421) ADJ522765 (VNO 0452422)
Regular
May 26, 2011

PAUL ALLGOOD vs. COUNTY OF LOS ANGELES

The Workers' Compensation Appeals Board granted lien claimant's petition for removal to rescind an Administrative Law Judge's order compelling Dr. Baden's appearance at trial. The Board found no good cause was established for Dr. Baden's direct examination and that the order was not a final, appealable decision. Removal was granted to prevent prejudice to the lien claimant, and the order for Dr. Baden's appearance was rescinded. The Board also dismissed the lien claimant's prior petition for reconsideration.

Lien ClaimantPetition for ReconsiderationPetition for RemovalWCJ OrderDr. Scott BadenGood CauseMedical WitnessDirect ExaminationWritten ReportsBoard Rule 10606
References
11
Case No. ADJ7781989; ADJ8262771
Regular
Oct 03, 2013

MIRIAN GARCIA vs. COOPER COLD FOODS, INC., ILLINOIS MIDWEST INSURANCE AGENCY as administrator for STAR INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) is granting reconsideration of its own prior decision and rescinding a July 23, 2013 decision that had overturned a prior finding of 2% permanent disability for applicant's right knee injury. The WCAB determined that its August 9, 2012 order granting reconsideration was improvidently granted because the applicant had already filed a successive and improper petition for reconsideration. Consequently, the prior order and the subsequent rescinded decision are vacated, and the applicant's petition for reconsideration is dismissed.

WCABReconsiderationPetition for ReconsiderationFindings and AwardAdministrative Law JudgePermanent DisabilityIndustrial InjurySuccessive PetitionImprovidently GrantedVacated
References
4
Case No. ADJ3218661 (OAK 0339889)
Regular
Feb 07, 2011

CHANCE ROLLINS vs. JOHN MARTIN STABLES, INC.; AMERICAN HOME ASSURANCE administered by AIG, CLAIMS SERVICES

The Appeals Board vacated its prior order granting reconsideration and dismissed the defendant's petition for reconsideration, finding the WCJ's ruling was not a final order. However, the Board granted removal, rescinded the WCJ's order, and denied the applicant's request for a neurology consultation under Labor Code §4601(a). The matter was returned to the trial level with instructions to issue an order for a new QME panel in neurology, as Dr. Jamasbi's request for a consultative neurological evaluation constituted good cause for a new panel under 8 Cal. Code Regs. §31.7. Attorney fees for the ex parte communication were upheld.

WCABPetition for ReconsiderationPetition for RemovalLabor Code 4601(a)Labor Code 4062.3QMEAgreed Medical EvaluatorNeurological ConsultMedical DirectorSpecialty Panel
References
0
Case No. ADJ6913723
Regular
Mar 01, 2010

ZACHARY GRAM vs. CITY OF WALNUT CREEK

The Appeals Board dismissed the applicant's Petition for Reconsideration because the order changing venue was an interlocutory procedural order, not a final decision on substantive rights or liabilities. The Board then granted removal on its own motion to clarify the record and resolve conflicting procedural orders regarding the venue change. Specifically, the Board vacated prior orders, including an order granting a venue change and a subsequent order rescinding it. The matter is returned to the trial level for a determination on the defendant's request for a venue change.

Workers' Compensation Appeals BoardRemovalReconsiderationVenueLabor Code Section 5310Interlocutory OrderProcedural OrderSubstantive RightIrreparable HarmRescind
References
7
Case No. ADJ8204664
Regular
Dec 16, 2013

MARIA MUNOZ vs. FLOREZ FAMILY, INC. dba McDONALD'S RESTAURANT

This case involves a defendant's petition for reconsideration of an interlocutory order by a WCJ regarding the proper selection of a medical panel. The Appeals Board vacated its prior order granting reconsideration, finding that interlocutory orders are not subject to reconsideration. Additionally, the Board granted removal on its own motion due to the defense attorney's failure to respond to a notice of intent to impose sanctions. Consequently, the defense attorney was ordered to pay a $100 sanction to the Workers' Compensation Appeals Board.

Workers' Compensation Appeals BoardReconsiderationSanctionsDefense AttorneyFindings and AwardFindings and OrderLabor Code section 4062.2Labor Code section 5900Interlocutory OrderRemoval
References
8
Case No. ADJ2663934 (LAO 0777281)
Regular
Nov 24, 2008

LATOSHA HARRIS vs. AMI STAFFING, CALIFORNIA GUARANTEE INSURANCE ASSOCIATION For SUPERIOR NATIONAL INSURANCE CO., in liquidation, LIQUID CONTAINER, INC., CENTENNIAL INSURANCE/ATLANTIC MUTUAL

The Appeals Board vacated its prior order granting reconsideration and dismissed the employer's petition because the underlying WCJ's order was not a final, appealable decision. The Board then granted removal, rescinded the WCJ's order, and returned the case to the trial level. This action was taken because the WCJ improperly referred issues not subject to mandatory arbitration under Labor Code § 5275(a) to arbitration.

Workers Compensation Appeals BoardCIGACentennial InsuranceAMI StaffingLiquid ContainerInc.Superior National InsurancePetition for ReconsiderationPetition for RemovalLabor Code § 5275(a)
References
2
Case No. ADJ7159953
Regular
Feb 17, 2012

ANTONIO CORONA vs. RANDSTAD NORTH AMERICA, ACE AMERICAN INSURANCE COMPANY

Lien claimants sought reconsideration of an administrative law judge's order disallowing their liens and imposing sanctions. The Appeals Board granted reconsideration, rescinded the order, and returned the matter for a decision on the merits. The Board found the sanctions unjustified due to unclear orders regarding trial briefs and lack of proper notice, and further noted the judge failed to issue a required opinion explaining the basis for disallowing the liens. The case is remanded for a proper decision with an explanatory opinion.

Workers' Compensation Appeals BoardLien ClaimantsReconsiderationWCJ OrderSanctionsTrial BriefsBurden of ProofCompromise and ReleaseIndustrial InjuryUtilization Review
References
2
Case No. LAO 860372
Regular
Dec 26, 2007

PATRICIA HAY vs. METROPOLITAN STATE HOSPITAL, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration of an administrative law judge's order to issue a new QME panel. The defendant argued that the original QME's supplemental opinion should have been obtained instead of ordering a new panel, citing procedural rules. However, the Board is granting reconsideration to obtain a supplemental report from the WCJ due to the initial report being incomplete.

Workers' Compensation Appeals BoardLegally UninsuredAdjusting AgencyFinding and OrderFurther DevelopmentSupplemental OpinionQualified Medical Evaluator (QME)Three-Member PanelLabor Code section 4062.2Medical Director
References
0
Case No. ADJ987728 (GOL 0100705) ADJ361855 (GOL 0100706)
Regular
Sep 22, 2009

CYNTHIA SIEGERT vs. COTTAGE HEALTH SYSTEM; permissibly self-insured, administered by KEENAN \u0026 ASSOCIATES

This case concerns a defendant's attempt to appeal a non-final order that took the matter off calendar for further medical record development. The Appeals Board vacated its prior order granting reconsideration, deeming it improvidently granted as the original order was not a final decision. The Board also denied the defendant's petition for removal, finding no irreparable harm or significant prejudice. This action effectively dismissed the defendant's procedural challenges to the WCJ's management of the case.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalVacating OrderDismissing PetitionDenying PetitionAgreed Medical EvaluatorFurther DiscoveryAlmarazOgilvie
References
4
Case No. ADJ7777517
Regular
Oct 01, 2013

VIVIAN THOMPSON vs. COUNTRY INN AND SUITES, ILLINOIS MIDWEST INSURANCE COMPANY

The Appeals Board granted the defendant's Petition for Removal, rescinding the WCJ's order to develop the medical record prior to trial. The Board found that the WCJ prematurely ordered further medical development without a sufficient record or evidence of deficient medical opinions, contrary to established procedure. The case is returned to the trial level for proceedings consistent with the opinion, and the WCJ's comments regarding a potential new claim were not addressed as they were not an appealable order.

Petition for RemovalRescinded OrderDevelop Medical RecordThreshold MatterInsufficient Medical OpinionsPretrial Conference StatementMandatory Settlement ConferenceCumulative Trauma InjuryWorkers' Compensation JudgeAdmitted Into Evidence
References
1
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