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

Case No. ADJ1273904 (MON 0236591) ADJ164684 (MON 0236590)
Regular
Feb 05, 2020

BETTY BAUER vs. RIP GRIFFIN, CIGA on behalf of HOME INSURANCE COMPANY, in liquidation

This Workers' Compensation Appeals Board (WCAB) decision dismisses a lien claimant's Petition for Removal. The petition was filed after the administrative law judge (WCJ) scheduled trial and denied a continuance request. However, the WCJ subsequently issued an order continuing the matter, rendering the Petition for Removal automatically dismissed. Consequently, the WCAB will not consider the lien claimant's supplemental pleading request.

Petition for RemovalWCJlien claimantautomatically dismissedsupplemental pleadingWorkers' Compensation Appeals BoardCIGAliquidationadministrative law judgetrial
References
Case No. VNO 0481628
Regular
Mar 05, 2008

ANNOOSH AGHAJANI vs. FEDERATED MAY DEPARTMENT STORES, NATIONAL LIABILITY FIRE & MARINE INSURANCE COMPANY C/O ACCAM

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior order that dismissed the applicant's petition to reopen for new and further disability. The Board found the prior order ambiguous and improperly treated as a demurrer, violating due process by denying the applicant a hearing on the merits. The case is returned to the trial level for a full hearing to determine the applicant's claims for increased orthopedic, psychiatric, and internal injuries.

Petition to ReopenNew and Further DisabilityOrthopedic DisabilityPsychiatric DisabilityGastric DisabilityDue ProcessSubstantial Medical EvidenceCumulative TraumaSpecific InjuryDemurrer
References
Case No. ADJ7507504; ADJ7507542
Regular
Jun 13, 2012

MARIA CARRILLO vs. HELP N TIME BBSI, CORVEL

The Workers' Compensation Appeals Board denied reconsideration of a decision allowing treatment outside the Medical Provider Network (MPN). The Board found that the defendant's MPN physician failed to provide reports, justifying the applicant's treatment elsewhere under Labor Code sections 4605 and 5402(c). The Board also noted that statutory provisions for second opinions or independent medical review were inapplicable as the applicant wasn't disputing diagnosis or treatment, but rather the MPN physician's inaction. The defendant's argument regarding treatment for unpled body parts was dismissed as pleadings could be conformed to proof.

Workers' Compensation Appeals BoardPetition for ReconsiderationMedical Provider Network (MPN)Independent Medical ReviewLabor Code Section 4616.6Labor Code Section 4605Labor Code Section 5402(c)Treating PhysicianSecond OpinionThird Opinion
References
Case No. ADJ1359013
Regular
Jun 28, 2013

LUCIA REYES vs. JUICE HARVEST, INC.

This case concerns a lien claimant, Advanced Professional Imaging Medical Group (APIMG), seeking reconsideration of a WCJ's order dismissing their lien for failure to pay the required activation fee. APIMG's petition for reconsideration was deemed skeletal and unverified, failing to adequately state the grounds for appeal or reference supporting evidence and legal authority. The Appeals Board dismissed the petition, citing APIMG's failure to comply with statutory requirements for such filings. This dismissal was based on the petition's lack of specificity, failure to engage with material evidence, and absence of verification.

Lien activation feePetition for reconsiderationSkeletal pleadingDismissal of lienLabor Code 4903.06Workers' Compensation Appeals BoardWCJPublic Information Search ToolVerification of pleadingsAddecco Employment Services v. Workers' Comp. Appeals Bd.
References
Case No. ADJ7180817
Regular
Feb 02, 2018

VICTOR SALGUERO vs. CITY OF LOS ANGELES, TRISTAR

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration because it was filed untimely. The petition was deemed filed on December 12, 2017, which was one day after the jurisdictional deadline of December 11, 2017. This tardiness resulted from the petition being electronically filed after 5:00 PM on the final day for filing. The Board also admonished the defendant's litigation manager for submitting unverified evidence and making unsubstantiated factual assertions.

Petition for ReconsiderationTimelinessDismissalElectronic Adjudication Management SystemEAMSAppeals Board RuleWCJSupplemental PleadingJurisdictionalFindings of Fact
References
Case No. ADJ7392391
Regular
Sep 21, 2012

JOSE PENA vs. PACIFIC COAST BUILDING, CHARTIS CLAIMS, INC.

The Workers' Compensation Appeals Board (WCAB) has dismissed Jose Pena's petition for removal. The WCAB reviewed the petition and the administrative law judge's report, finding sufficient grounds for dismissal. Pena's supplemental pleading did not alter this decision. Consequently, the petition for removal is officially dismissed.

Petition for RemovalDismissalWorkers' Compensation Appeals BoardAdministrative Law Judge ReportSupplemental PleadingCal. Code Regs.tit. 8§ 10848ADJ7392391Oakland District Office
References
Case No. ADJ16491268; ADJ15884384; ADJ16161110; ADJ16161057; ADJ16161093; ADJ15760386; ADJ18891808; ADJ19153721; ADJ16116250
Significant

Steve Hoddinott, et al. vs. Bravo Security Services, Inc.; National Liability Fire Ins. Co., administered by Biberk Business Insurance, et al.

The Appeals Board consolidated five cases involving a dispute over attorney's fees between the current and former attorneys for the applicants, stemming from a law firm sale contract. The Board ordered the attorneys to meet, confer, and file supplemental pleadings to address the resolution of their dispute and jurisdictional issues.

En Banc DecisionAttorney Fee DisputeLaw Firm Sale ContractDisqualification PetitionWCJ DisqualificationLabor Code Section 4906Attorney Fee LienContract RescissionWCAB JurisdictionSupplemental Pleadings
References
Case No. VNO 350783
Regular
Jul 17, 2008

CYNTHIA LOWERY vs. REGENTS, UNIVERSITY OF CALIFORNIA

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a WCJ's decision to obtain a report on a lien claimant's petition. After reviewing the WCJ's report and the record, the WCAB affirmed the original WCJ decision. The lien claimant's petition for reconsideration and request for supplemental pleading were denied.

Workers' Compensation Appeals BoardReconsiderationLien ClaimantWCJ ReportAffirmationSupplemental PleadingCare Center RehabilitationPain ManagementRegents University of CaliforniaSelf-Insured
References
Case No. ADJ2918788
Regular
Nov 21, 2017

CHERYL BARNETTE-POWELL vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The Board adopted and incorporated the reasoning of the workers' compensation administrative law judge. Therefore, the applicant's request to have the previous decision reviewed and potentially overturned was unsuccessful. The Board also accepted a supplemental pleading from a lien claimant.

Petition for ReconsiderationWCJ reportAdopt and IncorporateLien claimantSupplemental pleadingAppeals Board Rule 10848Denying petitionWorkers Compensation Appeals BoardCalifornia Department of CorrectionsState Compensation Insurance Fund
References
Case No. ADJ3526765 (SAC 0226620)
Regular
May 14, 2012

GARY HORAT vs. COUNTY OF SACRAMENTO

The Workers' Compensation Appeals Board denied Gary Horat's Petition for Reconsideration in the case against the County of Sacramento. The Board adopted and incorporated the reasoning of the workers' compensation administrative law judge. Horat's supplemental pleading was considered but did not alter the decision. Therefore, the Board's order denied the petition for reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeDeny ReconsiderationSupplemental PleadingCal. Code Regs. tit. 8§ 10848County of SacramentoGary HoratADJ3526765
References
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