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

Case No. ADJ400686 (VNO 0499836)
Regular
Nov 08, 2016

MICHAEL CURZI vs. PHARMAVITE, LLC, TRAVELERS DIAMOND BAR

In *Curzi v. Pharmavite, LLC*, the Workers' Compensation Appeals Board (WCAB) granted reconsideration to further study the case. The WCAB amended the original decision to defer issues of sleep disorder, permanent disability, apportionment, and attorney fees. This action was taken to allow for further development of the record regarding the industrial causation of the sleep disorder. The matter is returned to the trial level for further proceedings and a new decision by the WCJ.

Workers' Compensation Appeals BoardPharmaviteLLCTravelers Diamond BarADJ400686VNO 0499836Opinion and Decision After ReconsiderationFindings and Awardcomputer operatorindustrial injury
References
4
Case No. ADJ 400686 (VNO 0499836)
Regular
Apr 18, 2016

MICHAEL CURZI vs. PHARMAVITE LLC, TRAVELERS DIAMOND BAR

The Workers' Compensation Appeals Board (WCAB) granted the applicant Michael Curzi's petition for reconsideration of a January 25, 2016 decision. This grant allows the WCAB further opportunity to thoroughly review the factual and legal issues presented. Consequently, all future filings related to this petition must be submitted directly to the WCAB Commissioners in San Francisco, not to any district office or through the EAMS. The WCAB emphasizes that no trial level actions, like approving settlements, can occur while the case is under their reconsideration.

WORKERS' COMPENSATION APPEALS BOARDPETITION FOR RECONSIDERATIONGRANTING RECONSIDERATIONSTATUTORY TIME CONSTRAINTSFURTHER PROCEEDINGSOFFICE OF THE COMMISSIONERSELECTRONIC ADJUDICATION MANAGEMENT SYSTEMEAMSPROPOSED SETTLEMENTSTIPULATIONS WITH REQUEST FOR AWARD
References
0
Case No. ADJ755705 (VNO 0550346)
Regular
Nov 05, 2012

SKY SHADOW vs. PHARMAVITE LLC, LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the applicant's Petition for Reconsideration. The applicant sought to set aside a prior Compromise and Release based on alleged fraud and coercion, but her petition was filed untimely. The WCAB found no good cause to grant the petition and noted procedural deficiencies, including lack of verification and proper proof of service, which would have also warranted dismissal. Therefore, the Board upheld the original decision denying the Petition to Reopen.

Petition to ReconsiderPetition to ReopenCompromise and ReleaseFraudCoercionUntimely FilingLabor Code Section 5903Labor Code Section 5803Good CauseVerified Pleadings
References
0
Case No. ADJ6835156
Regular
Apr 13, 2018

ANA RIVERA vs. PHARMAVITE, LLC, LIBERTY MUTUAL INSURANCE COMPANY

This Workers' Compensation Appeals Board case concerns a defendant's petition for reconsideration of a stipulation approving a lien payment. The defendant claimed the stipulation was invalid because the lien was subject to a stay under Labor Code § 4615, which they were unaware of at the time. The Board dismissed the petition, ruling that the defendant should have first presented this issue, including evidence regarding the stay, to the Workers' Compensation Judge (WCJ). The defendant is now directed to seek a hearing before the WCJ to determine the applicability of the stay and the validity of the stipulation.

Workers' Compensation Appeals BoardPetition for ReconsiderationStipulation and Order to Pay Lien ClaimantLien ClaimantLabor Code Section 4615Automatic StayCriminal ChargesFraudWCJTrial Level
References
0
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