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Case Law Database

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

Case No. ADJ6540543
Regular
Jun 07, 2013

Christopher Toms vs. Marvin Lee Weatherbee dba BEELINE TRANSPORTATION, illegally uninsured, KIEWIT PACIFIC COMPANY, permissibly self-insured

This case involves Christopher Toms, an applicant injured while employed as a truck driver by Beeline Transportation, an illegally uninsured entity. The Workers' Compensation Appeals Board granted reconsideration of a finding that Kiewit Pacific Company, permissibly self-insured, was a dual employer. The Board rescinded the prior award, finding that Kiewit was a contracting party who engaged Beeline as an independent contractor. No statutory basis existed to deem Toms an employee of Kiewit, therefore Kiewit is not liable for workers' compensation benefits.

Workers Compensation Appeals BoardChristopher TomsMarvin Lee WeatherbeeBeeline TransportationKiewit Pacific Companyillegally uninsuredpermissibly self-insureddual employersultimate hirerjoint and severally liable
References
Case No. AD.J9352393, AD.J9352398, AD.J9531390
Regular
Apr 11, 2016

NORMAN WESEMAN vs. CITY OF CATHEDRAL CITY, Permissibly Self-Insured, SUPERIOR READY MIX, Permissibly Self-Insured

This case involves a petition for reconsideration filed by the defendants, City of Cathedral City and Superior Ready Mix. The Workers' Compensation Appeals Board (WCAB) has granted this petition. Reconsideration was granted due to statutory time constraints and the need for further study of the factual and legal issues. The WCAB aims to thoroughly understand the record to issue a just decision. All future correspondence related to the petition must be filed directly with the WCAB Commissioners, not district offices or e-filed.

PETITION FOR RECONSIDERATIONWORKERS' COMPENSATION APPEALS BOARDCITY OF CATHEDRAL CITYSUPERIOR READY MIXPERMISSIBLY SELF-INSUREDADJUDICATION MANAGEMENT SYSTEMEAMSJUDICIAL ATTORNEY'S FEESCOMPROMISE AND RELEASE AGREEMENTSSTIPULATIONS WITH REQUEST FOR AWARD
References
Case No. ADJ7405264
Regular
Jun 19, 2012

IVORY PHILLIPS vs. IRWIN INDUSTRIES, INC., ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board sanctioned claims adjuster Richard Bailey $250 for failing to appear at an arbitration hearing. Despite Bailey's contentions about lack of written notice and fear of the arbitrator, the Board found he had actual notice of the verbal order. While the underlying issue was resolved, Bailey should have sought permission for his non-appearance, and his disregard for the arbitrator's order undermined the system's integrity.

Workers' Compensation Appeals BoardSanctionsClaims AdjusterArbitrationWritten ObjectionGood CauseArbitratorVerbal OrderLabor Code Section 5701Independent Medical Examination
References
Case No. ADJ1938415 (ANA 0320426) ADJ463183 (ANA 0320427) ADJ3293437 (ANA 0389203) ADJ2850300 (ANA 0389204) ADJ3164388 (ANA 0389205) ADJ3932115 (ANA 0389206) ADJ686732 (ANA 0389207) ADJ4516220 (ANA 0400646)
Regular
Apr 11, 2014

JOHN SMITH vs. CALIFORNIA STATE UNIVERSITY LONG BEACH, Permissibly Self-Insured, Adjusted by SEDGWICK CMS, BELLFLOWER UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured, Adjusted by YORK RISK SERVICES GROUP

The Workers' Compensation Appeals Board granted reconsideration to clarify the Arbitrator's award between two employers for a concurrent cumulative trauma injury. The Board affirmed the finding of a single injury and the apportionment of liability for orthopedic injuries at 50% and respiratory injuries at 63% to CSULB and 37% to Bellflower USD. However, the Board amended the award to explicitly grant Bellflower USD the right to contest the specific amounts paid by CSULB for benefits before the contribution payment is finalized. This amendment addresses Bellflower USD's due process concerns regarding the calculation of contribution.

Cumulative traumaContributionApportionmentPermissibly self-insuredVocational rehabilitationMedical treatment expensesPermanent disability indemnityRespiratory injuryOrthopedic injuryPetition for reconsideration
References
Case No. ADJ2738569 (LAO 0759524) ADJ553488 (LAO 0759510)
Regular
Oct 29, 2010

CONNIE ALVIZO vs. STATE OF CALIFORNIA, DEPARTMENT OF INDUSTRIAL RELATIONS, Permissibly Uninsured, Adjusted By STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration regarding the applicant's entitlement to 24/7 home health care. The Board adopted the WCJ's report and emphasized that the defendant failed to submit the primary treating physician's request for this care to mandatory utilization review. Citing *Sandhagen*, the Board affirmed that Labor Code § 4610 utilization review is the sole mechanism to challenge medical treatment requests. Therefore, the defendant's failure to follow this process bars their current challenge to the 24/7 home health care.

Workers' Compensation Appeals BoardConnie AlvizoDepartment of Industrial RelationsPermissibly UninsuredState Compensation Insurance FundPetition for ReconsiderationFindings and Orderhome health care24 hour/7 days per weeksenior legal stenographer
References
Case No. ADJ3545114 [AHM 0129611]
Regular
Aug 29, 2008

CRYSTEL MARTINEZ vs. KAISER PERMANENTE; Permissibly Self-Insured

The Petition for Reconsideration is denied based on review of the record and the WCJ's report. The supplemental pleadings filed by the petitioner are noted as being in violation of WCAB Rule 10848.

Workers' Compensation Appeals BoardKaiser PermanentePermissibly Self-InsuredPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeOrder Denying ReconsiderationLatex AllergiesMedical AssistantContinuous TraumaPre-existing Latex Allergy
References
Case No. ADJ8590622
Regular
Mar 16, 2017

MICHAEL BAKER vs. CITY OF LOS ANGELES; Permissibly SelfInsured

The Workers' Compensation Appeals Board denied the City of Los Angeles' petition for reconsideration. The Board affirmed the finding that applicant Michael Baker sustained an industrial cumulative trauma injury to multiple body parts, including hearing loss and skin disorders, over his employment as a police officer. The defendant's attempt to raise the issue of separate dates of injury under Labor Code section 5412 for these conditions for the first time at trial was deemed waived. This failure to timely raise the issue prevented the applicant from responding and was not adequately addressed in pre-trial statements.

Workers' Compensation Appeals BoardCity of Los AngelesPermissibly Self-InsuredMichael BakerIndustrial cumulative trauma injuryPolice officerBilateral hearing lossTinnitusCervical spineLumbar spine
References
Case No. ADJ987086 (SAC 0363033)
Regular
Sep 29, 2000

ROBERT THORNBURG vs. COUNTY OF SACRAMENTO, Permissibly Self-Insured

The Workers' Compensation Appeals Board (WCAB) has granted the defendant County of Sacramento's petition for reconsideration of a prior decision. This action is necessary to allow the Board sufficient time to thoroughly review the factual and legal issues presented in the case. The WCAB intends to issue a just and reasoned decision after further study and potential proceedings. All future communications regarding this matter must be directed to the WCAB's Office of the Commissioners.

Petition for ReconsiderationWorkers' Compensation Appeals BoardCounty of SacramentoPermissibly Self-InsuredStatutory time constraintsFactual and legal issuesJust and reasoned decisionDecision After ReconsiderationOffice of the CommissionersSan Francisco
References
Case No. ADJ447422 (AHM 0105245)
Regular
Dec 05, 2012

MICHAEL RAHMATIAN vs. THE HOME DEPOT, Permissibly Self-Insured

The applicant filed an untimely and unverified petition for removal, challenging a prior order continuing all issues to trial. The Workers' Compensation Appeals Board denied the petition because it violated multiple procedural rules, including timeliness, verification, and improper attachments. The Board adopted the judge's report and recommendations, finding good cause to deny removal. The applicant was advised to familiarize himself with the Board's rules for future filings.

WORKERS' COMPENSATION APPEALS BOARDPetition for RemovalAdministrative Law JudgeWCJUntimely PetitionUnverified PetitionDeferred IssuesAdjudication FileWCAB RulesDismissal
References
Case No. ADJ6543064
Regular
Jul 23, 2010

PEDRO McKAY vs. CITY OF RIVERSIDE, Permissibly Self-Insured

The applicant sought reconsideration or removal of a WCJ's decision to admit QME reports and bifurcate issues. The Board dismissed the Petition for Reconsideration, finding no final order was issued and the applicant was not aggrieved. The Petition for Removal was denied as applicant failed to demonstrate substantial prejudice or irreparable harm, especially since he introduced the QME reports and issues regarding additional panels were preserved.

WCABPedro McKayCity of RiversidePermissibly Self-InsuredADJ6543064Petition for ReconsiderationPetition for RemovalQualified Medical EvaluatorQME paneltoxicology
References
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