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

Case No. ADJ8300605
Regular
Sep 12, 2013

LATOYA ARRINGTON, LATOYA ARRINGTON-ARTIS vs. SUPPORT MEDICAL FOUNDATION, SUTTER HEALTH SACRAMENTO, SUTTER MEDICAL FOUNDATION

This case involves a petition for reconsideration and removal that was dismissed and denied, respectively, by the Workers' Compensation Appeals Board (WCAB). The WCAB found that the petition for reconsideration was improperly taken from interlocutory orders and that removal was not warranted as the defendant failed to show irreparable harm or prejudice. The underlying dispute involves the WCJ's decision to order further development of the medical record after trial, despite the applicant's failure to object to the defendant's declaration of readiness. The WCAB adopted the WCJ's report, which found no irreparable harm or significant prejudice to the defendant from the order to develop the record.

Petition for ReconsiderationRemovalFinal OrderInterlocutory OrderSubstantive RightIrreparable HarmSignificant PrejudiceAOE-COECumulative TraumaDeclaration of Readiness
References
10
Case No. ADJ869205 (SAC 0294976) ADJ302322 (SAC 0354178)
Regular
Oct 11, 2010

Patricia Rush vs. The Permanente Medical Group; Athens Administrators Concord

This case involves Patricia Rush claiming cumulative trauma injuries to her knees and back, among other body parts, against The Permanente Medical Group. The Workers' Compensation Appeals Board granted reconsideration because the Administrative Law Judge's findings of industrial causation for knee injuries lacked substantial medical evidence, with conflicting and uncertain Qualified Medical Evaluator opinions. The Board rescinded the prior findings and ordered further development of the medical record, suggesting an Agreed Medical Examiner or a court-appointed physician to resolve the causation issue for the knee injuries. The matter is returned to the trial level for a new final determination after the record is further developed on all issues, including injury causation.

Workers' Compensation Appeals BoardPermanente Medical GroupAthens Administratorscumulative trauma injurykneesbackshouldershandswristsindustrial causation
References
0
Case No. ADJ3858007 (SBR 0314079)
Regular
May 26, 2016

RONALD STEFFY vs. H STREET COLLISION CENTER, INC., FARMERS INSURANCE

The Workers' Compensation Appeals Board denied the applicant's Petition for Removal of an Order Vacating Submission. The judge vacated submission to further develop the record due to insufficient evidence, finding the Agreed Medical Examiner's opinions unpersuasive after reviewing medical records and sub rosa video evidence. The Board found the order did not cause significant prejudice or irreparable harm, as it allows for a complete adjudication of issues, including medication usage and permanent disability. Further medical-legal examinations were ordered to develop a record capable of supporting findings on impairment and causation.

Petition for RemovalOrder Vacating SubmissionAgreed Medical Examiner (AME)McDuffieLabor Code section 5701sub rosa videoinsubstantial evidencepermanent disabilitycausationvocational rehabilitation
References
5
Case No. ADJ9244473
Regular
Jan 20, 2015

LILIA TAMAYO vs. SERRA MANUFACTURING CORPORATION, COMPWEST INSURANCE

This case involves Lilia Tamayo's workers' compensation claim against Serra Manufacturing Corporation. The Administrative Law Judge (WCJ) vacated a trial submission to develop the medical record, specifically ordering panels of Qualified Medical Evaluators (QMEs). The defendant sought removal, arguing this was an inappropriate method for record development. The Appeals Board denied removal, agreeing with the WCJ that the record needed development but finding the ordered method of seeking supplemental opinions from the treating physician inappropriate based on prior precedent. The Board affirmed the WCJ's order for further development, though it did not specify the exact procedure pending further action.

Petition for RemovalVacating SubmissionOrder for Further DevelopmentQualified Medical Evaluator (QME)Orthopedic SurgeryPsychiatryIndustrial InjuryNeck InjuryTrunk InjuryPsyche Injury
References
1
Case No. ADJ9328371
Regular
Oct 31, 2016

LEYLA FATHI vs. MISSION HOSPITAL REGIONAL MEDICAL CENTER, HARTFORD ACCIDENT & INDEMNITY COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration because the WCJ's order for additional Qualified Medical Evaluator (QME) panels was an interlocutory procedural order, not a final determination of substantive rights or liabilities. The defendant's petition for removal was also denied, as they failed to demonstrate substantial prejudice or irreparable harm. While good cause for additional evaluations may have existed, the record was insufficient to make a definitive ruling on the merits of the removal. Therefore, the WCAB affirmed the WCJ's order for further medical development of the record.

Petition for ReconsiderationPetition for RemovalAdditional Panel QMEQualified Medical EvaluatorInternal MedicinePsychiatryNeurologyMedical Record DevelopmentFinal OrderInterlocutory Order
References
8
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
Case No. ADJ9958753 ADJ9958758
Regular
Jul 29, 2019

Raul Medrano vs. Stalwork, Inc., Everest National Insurance Co., American Claims Management, Inc., State Compensation Insurance Fund

This case involves a workers' compensation claim for injuries sustained by a carpenter. The Administrative Law Judge (ALJ) found no substantial medical evidence and ordered the record to be developed. The Appeals Board granted reconsideration, overruled the defendant's objection to applicant's exhibits to allow the Qualified Medical Evaluator (QME) to review them, and affirmed the order for further record development. The Board found this necessary to ensure substantial justice and allow the QME to review critical medical records for proper adjudication.

Workers Compensation Appeals BoardPetition for ReconsiderationFindings and OrderWCJAOE/COEQMESubstantial Medical EvidenceDevelop the RecordAdmissibility of ExhibitsMandatory Settlement Conference
References
20
Case No. LAO 0868942
Regular
Mar 16, 2008

ROBERT K. WILLIAMS vs. PASADENA PAVING, STATE COMPENSATION INSURANCE FUND

The Appeals Board dismissed the defendant's petition for reconsideration as the WCJ's order was interlocutory. However, the Board granted removal, finding the WCJ erred by not following the established procedure for developing the medical record when ordering a new medical examiner without first allowing supplementation from prior physicians. The Board rescinded the WCJ's order, deferred the petition to terminate temporary disability, and returned the case to the trial level for further proceedings to properly develop the medical record.

Workers Compensation Appeals BoardReconsiderationRemovalWCJTemporary DisabilityPermanent DisabilityApportionmentMedical TreatmentQualified Medical ExaminerAgreed Medical Evaluator
References
11
Case No. POM 0264727POM 0267166
Regular
Aug 19, 2008

CELIA MUNOZ vs. THE TOWN CLUB, CALIFORNIA INDEMNITY INSURANCE COMPANY/GAB ROBINS

Here's a summary of the provided case excerpts: In *Fiducia*, the Appeals Board granted reconsideration and found applicant sustained industrial injuries but had failed to attend medical exams and hearings, leading to dismissal for good cause. The Board vacated the prior dismissal and remanded for further development of the record, acknowledging that the applicant's failure to attend examinations and hearings warranted dismissal. However, due to lack of current medical evidence, the Board vacated the dismissal and returned the case to the trial level to allow applicant to attend examinations and hearings. In *Munoz*, the defendant sought reconsideration of an order vacating submission and returning the case to the trial calendar to further develop the evidentiary record concerning a lien claimant's charges. The Appeals Board dismissed the petition for reconsideration as it was not from a final order and denied the petition for removal, finding no showing of irreparable harm or significant prejudice. The Board emphasized that interlocutory orders to further develop evidence are not subject to reconsideration.

WCABindustrial injurypsycheTMJnasal traumateethblood pressuredismissalgood causetemporary disability
References
12
Case No. ADJ8681665
Regular
Jul 08, 2015

FELICIA TEMPLETON vs. HARDER MECHANICAL CONTRACTORS, HARTFORD UNDERWRITERS INSURANCE CO.

The Workers' Compensation Appeals Board denied the defendant's petition for removal of an order taking the case off calendar. The original order allowed the applicant to develop the record regarding causation for her alleged psychiatric injury as a consequence of an admitted cervical spine injury. The Board found no significant prejudice or irreparable harm to the defendant, noting that further development of the medical record regarding the psychiatric condition was warranted given recent medical reports. Reconsideration would be an adequate remedy after a final order on these issues.

RemovalPetition for RemovalOrder Taking Off CalendarOTOCCompensable ConsequencePsychiatric ConditionCausationDue DiligenceMandatory Settlement ConferenceMSC
References
4
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