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

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 Consequently, the prior order and the subsequent rescinded decision are vacated, and the applicant's petition for reconsideration is dismissed.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. 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 Baden's appearance was rescinded.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. SAC 0343316
Regular
Aug 14, 2007

MELODY BRIDGES vs. SCHURMAN FINE PAPERS, CRUM & FORSTER

The Appeals Board granted reconsideration of its prior order dismissing the applicant's petition, finding it was timely filed. Despite the applicant's petition being deemed timely, the Board, adopting the Judge's report, ultimately denied reconsideration of the original April 4, 2007 findings. This rescinds the dismissal order but affirms the denial of the initial request for reconsideration.

Workers' Compensation Appeals BoardPetition to VacateOpinion and Order Dismissing ReconsiderationTimeliness of FilingPetition for ReconsiderationWCJ Findings and OrdersTemporary DisabilitySalary During DisabilityProof of ServiceElectronic Case History Log
References
0
Case No. ADJ7271033
Regular
Jan 25, 2017

JENNIFER LAWSON vs. GLEN IVY DAY SPA, COMPWEST INSURANCE COMPANY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Workers' Compensation Appeals Board (WCAB) is considering rescinding an order that dismissed lien claimant Proex Diagnostics' lien for failure to pay a \$100 activation fee. Proex argues they had until December 31, 2015, to pay the fee based on a federal court order and DWC guidance. The WCAB's notice indicates they intend to rescind the dismissal if the fee is paid within ten days of the notice. If rescinded, the lien claim will return to the trial level for further proceedings.

Proex DiagnosticsGlen Ivy Day SpaCompWest Insurance CompanyBerkshire Hathaway Homestate CompaniesLien Activation FeeLabor Code Section 4903.06Workers' Compensation Appeals BoardWCJReconsiderationCompromise and Release
References
1
Case No. SDO 0342564
Regular
Apr 29, 2008

LAREE BAESSLER vs. NATIONAL ASSOCIATION OF MUSIC MERCHANTS, ZENITH INSURANCE COMPANY

The Appeals Board rescinded its prior order granting reconsideration and denied the defendant's petition for removal. The Board found the defendant failed to follow the proper procedure under Labor Code sections 4062 and 4062.2 when attempting to obtain a Qualified Medical Evaluator (QME) exam. Therefore, the defendant is not entitled to an order compelling the applicant to attend a QME exam.

Workers' Compensation Appeals BoardMedical Provider NetworkLabor Code section 4616.6Petition for RemovalLabor Code sections 4061 and 4062Minute OrderProcedural orderReconsiderationSignificant prejudiceIrreparable harm
References
1
Case No. ADJ1534095 (LAO 0820188)
Regular
Dec 16, 2013

PAMELA MCMILLIN vs. XEROX CORPORATION; ACE USA, administered by SEDGWICK CMS

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration. The Board found that the lien claimant's petition for reconsideration of an order dismissing its lien was untimely filed. Because the original petition was untimely, the administrative law judge lacked jurisdiction to rescind the dismissal order. Therefore, the Board rescinded the judge's order and dismissed the lien claimant's petition, leaving the original dismissal order in effect.

Workers Compensation Appeals BoardPetition for ReconsiderationOrder Rescinding DecisionLien ClaimLien Activation FeeLabor Code Section 4903.06JurisdictionUntimely FilingCompromise and ReleaseWCJ
References
1
Case No. ADJ2663736 (SFO 0480309), ADJ2844751 (SFO 0480630)
Regular
Jan 05, 2012

VILMA TENTNOWSKI vs. PEROTTI & CARRADE, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) rescinded its prior order granting reconsideration because the defendant's petition was not taken from a final order. Therefore, the Board dismissed the petition for reconsideration and denied it as a petition for removal. A dissenting commissioner argued that reconsideration should not have been granted but believed the WCJ's original finding of 95% permanent disability was correct. The dissenter advocated for reinstating the original award based on existing medical evidence.

Workers' Compensation Appeals BoardPerotti & CarradeState Compensation Insurance FundPetition for ReconsiderationPetition for RemovalImprovidently GrantedFinal OrderMedical Record DevelopmentPermanent DisabilityPsychiatric Disability
References
3
Case No. ADJ1035201
Regular
Oct 04, 2016

VICTOR DURAN vs. DONUT INN, STATE FARM INSURANCE COMPANY

The Appeals Board is considering rescinding an order that dismissed Metro Med Shockwave's lien claim for failure to pay a $\$100$ lien activation fee. The WCJ dismissed the lien because the fee was not paid before the lien conference, citing prior precedent. However, the lien claimant argues they had until December 31, 2015, to pay the fee based on a DWC Newsline article referencing a court order. The Board intends to rescind the dismissal if the fee is paid within ten days, allowing further proceedings on the lien claim.

Labor Code section 4903.06Lien activation feeWorkers' Compensation Appeals BoardMetro Med ShockwaveFigueroa v. B.C Doering Co.Angelotti Chiropractic v. BakerPreliminary injunctionDWC NewslineReconsiderationRescind order
References
2
Case No. ADJ1186781 (VNO 0516635) ADJ1590743 (VNO 0552326)
Regular
Jun 10, 2013

DANA BONSALL vs. COUNTY OF LOS ANGELES, Permissibly Self-Insured

Defendant County of Los Angeles petitioned to set aside an order compelling payment of $14,500 to lien claimant, The 4600 Group. The defendant argued the order was based on mistake, as they were unaware of prior payments made to Burbank Podiatry, which was part of the lien claim. Crucially, the assigned judge realized she was disqualified due to previously serving as defense counsel in this matter. The Appeals Board granted the petition, rescinded the prior order, and remanded the case to a new judge to determine if the settlement should be set aside.

WCABPetition to Set AsideStipulation and OrderLien ClaimantWCJ DisqualificationRule 9721.12(c)(2)Good CauseRescinded OrderRemandBurbank Podiatry
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
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