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

Case No. ADJ7103892
Regular
Jul 27, 2012

RAYMUNDO RIVAS vs. TOTAL HOLDINGS USA, INC./BARRY CONTROLS AEROSPACE, AMERICAN HOME ASSISTANCE

The Workers' Compensation Appeals Board (WCAB) denied the applicant's petition for reconsideration, adopting the WCJ's report. The WCJ found the applicant not credible, inconsistent, and lacking substantiation for claimed injuries. The WCJ relied heavily on the Agreed Medical Examiner's reports, which attributed any increased impairment to subsequent employment, not the employment in question. The WCAB gave great weight to the WCJ's credibility findings.

WCABPetition for ReconsiderationWCJ reportcredibility findingGarza v. Workers' Comp. Appeals Bd.Pro PerApplication for Adjudication of Claimmandatory settlement conferenceAgreed Medical ExaminerAME
References
Case No. ADJ7745791, ADJ7745809
Regular
Jan 14, 2014

JUAN NAVA vs. OWENS CORNING, GALLAGHER BASSETT

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a previous order that intended to dismiss MD Tox Laboratories' lien. The WCAB found that MD Tox Laboratories had not actually filed a lien in the subject cases, nor were they a party at the time of the lien conference, thus rendering the dismissal order invalid. Since no lien was filed, MD Tox Laboratories was not subject to lien activation fees or obligated to appear at the conference. The WCAB clarified that MD Tox Laboratories may file a lien if it is still timely and accompanied by the proper fees.

MD Tox LaboratoriesPetition for Reconsiderationlien activation feelien conferenceWorkers' Compensation Appeals BoardnonpartyElectronic Adjudication Management Systemlien claimantLabor CodeWCAB Rule
References
Case No. ADJ6995481
Regular
Dec 10, 2012

MARIA FERNANDEZ vs. LOS ANGELES UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board denied the Los Angeles Unified School District's Petition for Reconsideration. The applicant, Maria Fernandez, sustained multiple injuries in a 2009 fall, including to her left arm, left knee, back, and right fingers, requiring ongoing medical treatment and mobility aids. The Board found that the case of *Tenet/Centinela Hospital Medical Center v. Workers' Comp. Appeals Bd. (Rushing)* was inapplicable, and adopted the WCJ's report in full. The WCJ recommended upholding the original Findings and Award.

Workers' Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeTenet/Centinela Hospital Medical Center v. Workers' Comp. Appeals Bd. (Rushing)Primary Treating PhysicianKaiserSt. Francis HospitalStacy Medical (MPN)Dr. HeskiaoffPhilip A. Sobol MD
References
Case No. ADJ4676639
Regular
Dec 24, 2013

RONALD HODGES vs. CHEVRON OVERSEAS PETROLEUM, INC.

Here's a concise summary for a lawyer, under four sentences: The Appeals Board granted reconsideration, rescinded the original award, and remanded the case for further proceedings. The Board found that the Qualified Medical Examiner (QME) reports were not substantial evidence because neither physician personally examined the applicant, violating administrative rules. Therefore, the record needs further development, specifically a medical-legal evaluation by an infectious disease expert to determine if Reiter's Syndrome is a consequence of the admitted industrial injury (malaria). This is necessary before reconsidering findings on permanent disability.

Workers' Compensation Appeals BoardRonald HodgesChevron Overseas Petroleum IncBroadspire Services IncFindings and AwardPetition for ReconsiderationReiter's Syndromeindustrial injurymalariapermanently totally disabled
References
Case No. ADJ7399178
Regular
Nov 09, 2011

PHILIP JOHNSON vs. DISNEY COMPANY, LIBERTY MUTUAL

This case concerns a clerical error in a workers' compensation award where the applicant's attorney fee of $1,155.81 was omitted. The applicant sought reconsideration of the original award, arguing the fee was agreed upon in the Stipulations with Request for Award. The Workers' Compensation Appeals Board granted reconsideration, acknowledging the omission as a clerical error. The Board amended the original award to include the agreed-upon attorney's fee, affirming the rest of the decision.

Workers' Compensation Appeals BoardADJ7399178Philip JohnsonDisney CompanyLiberty MutualOpinion and Order Granting ReconsiderationStipulations with Request for Awardattorney's feeclerical errorToccalino v. Workers' Comp. Appeals Bd.
References
Case No. ADJ4436706 (SAC 0168766)
Regular
Jun 04, 2015

BARBARA NEWHOUSE vs. E GONZALEZ MD, STATE COMPENSATION INSURANCE FUND

Here's a summary for a lawyer: The Workers' Compensation Appeals Board (WCAB) issued an order dismissing a Petition for Reconsideration filed by petitioner Barbara Newhouse. This dismissal is a direct result of the petitioner's voluntary withdrawal of the petition. The original decision that was subject to reconsideration was issued on February 26, 2015. The Board acted upon the withdrawal to formally close this matter.

Petition for ReconsiderationDismissedWithdrawnBarbara NewhouseEgonzalez MDState Compensation Insurance FundWorkers' Compensation Appeals BoardADJ4436706SAC 0168766
References
Case No. ADJ1959578
Regular
Oct 20, 2011

PHILIP DANIELS vs. COUNTY OF LOS ANGELES, Legally Uninsured, Administered by TRISTAR RISK MANANGEMENT, SUBSEQUENT INJURIES BENEFITS TRUST FUND

In ADJ1959578, the Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration of an August 5, 2011 decision. This decision was made to allow the WCAB further time to thoroughly study the factual and legal issues presented. The Board believes this step is necessary for a complete understanding of the record and to ensure a just and reasoned final decision. All future communications in this matter should be directed to the WCAB's Office of the Commissioners in San Francisco.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionSubsequent Injuries Benefits Trust FundCounty of Los AngelesLegally UninsuredTristar Risk Management
References
Case No. ADJ1862164
Regular
Aug 21, 2014

CINTHIA ADAMS vs. LITTLE COMPANY OF MARY HOSPITAL

The Workers' Compensation Appeals Board (WCAB) rescinded a prior Finding and Order disallowing a spouse's lien for home health care services. The Board remanded the case for further proceedings, finding that newly enacted Labor Code section 4600(h) and the Board's decision in *Neri Hernandez* applied to the applicant's claim. The WCAB determined that Dr. Kanter's opinion did not retroactively establish the need for home health care prior to July 22, 2011, but the record needed further development regarding whether a physician's prescription for services was received.

Workers Compensation Appeals BoardReconsiderationAgreed Medical EvaluatorPhillip KanterHome Health CareLabor Code Section 4600(h)Neri HernandezPermanent DisabilityMedical TreatmentUtilization Review
References
Case No. ADJ3851666 (AHM 0142294)
Regular
Sep 16, 2013

EDWARD NEWMAN vs. SOUTHERN CALIFORNIA EDISON

This Workers' Compensation Appeals Board case involved applicant Edward Newman and defendant Southern California Edison. The Board granted reconsideration of a prior decision, affirming it in part but amending the orders. Specifically, the liens of Lab-Eval Services and Stanley Majcher MD were disallowed, with jurisdiction reserved for costs and sanctions against them and Scott Marks. The matter was then returned to the trial level for further proceedings.

Petition for ReconsiderationSouthern California EdisonEdward NewmanWorkers' Compensation Appeals BoardWCJ's reportgrant reconsiderationamend decisiondisallowed liensLab-Eval ServicesStanley Majcher MD
References
Case No. ADJ6626529
Regular
Nov 05, 2015

NICOLAS WALKER vs. LOS ANGELES UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to further study the issues in this case. The WCAB rescinded the prior Findings of Fact & Award, denied the defendant's motion to be relieved of stipulation regarding the thoracic spine, and found that the applicant sustained industrial injury to his cervical spine, shoulders, and thoracic spine. The WCAB deferred issues of permanent disability, apportionment, and attorney's fees, returning the matter to the WCJ for further record development.

Workers' Compensation Appeals BoardNicolas WalkerLos Angeles Unified School DistrictSedgewick Claims Management ServicesInc.ADJ6626529Opinion and Decision After ReconsiderationFindings of Fact & AwardWCJcervical spine
References
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