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

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ8452616
Regular
Sep 11, 2012

GUILLERMO SANDOVAL DE LA CRUZ vs. DMS FACILITY SERVICES, ZURICH NORTH AMERICA

This case concerns a Petition for Reconsideration filed by a lien claimant, Tri-County Medical Group, challenging an arbitrator's disallowance of its liens. The Appeals Board dismissed the petition because it was not timely filed with the Board and was instead mailed to the arbitrator. Furthermore, the Board noted the petition lacked proper verification and the proof of service was defective. Even if timely, the Board would have denied the petition on its merits due to insufficient evidence presented by the lien claimant.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationDisallowed LiensMedical Provider Network (MPN)Arbitrator's FindingsTimely FilingJurisdictionRule 10865Proof of Service
References
Case No. ADJ6650878
Regular
Dec 09, 2015

BRIDGETTE HUNTER vs. DEPARTMENT OF SOCIAL SERVICES IHSS; YORK RISK SERVICES GROUP

The Workers' Compensation Appeals Board denied Bridgette Hunter's Petition for Reconsideration regarding her Stipulated Award for industrial injuries to her spine and psyche. The Board adopted the findings of the Administrative Law Judge, who recommended denial. Although the ALJ noted the petition might be untimely, the Board found insufficient proof of service to make that determination, thus denying reconsideration on other grounds. The applicant's claims of fraud, excess of power, and insufficient evidence were rejected as the award was based on agreed-upon Agreed Medical Evaluator reports.

Workers' Compensation Appeals BoardPetition for ReconsiderationStipulated Awarduntimely filingproof of serviceAME reportsBridgette HunterDepartment of Social Services IHSSYork Risk Services GroupWorkers' Compensation Administrative Law Judge
References
Case No. ADJ2031384 (MON 0316510)
Regular
May 29, 2012

Miguel Lopez vs. MV PUBLIC TRANSPORTATION, AMERICAN HOME ASSURANCE, BROADSPIRE

The Workers' Compensation Appeals Board granted reconsideration for lien claimant SAI Professional, rescinding the prior order disallowing its lien. The Board found significant service errors, including failure to notify the lien claimant of the hearing and improper use of designated service for the Notice of Intention (NIT). Crucially, the record lacked proof of service for the NIT, and the lien claimant timely filed an objection to it. The matter is returned to the trial level for further proceedings, emphasizing that lien claimants must receive proper notice and an opportunity to be heard.

Lien claimantPetition for reconsiderationOrder of disallowanceNotice of intentionService of noticeProof of serviceOfficial Address RecordEAMSCompromise and ReleaseDesignated service
References
Case No. ADJ1115233 (LAO 0882004) ADJ2219668 (LAO 0882003) ADJ3777139 (LAO 0882002)
Regular
Feb 25, 2016

ANA LETICIA PEREZ vs. UNISERVE FACILITIES SERVICES CORPORATION, STATE COMPENSATION INSURANCE FUND

This case involves a lien claimant seeking reconsideration of an order dismissing its lien with prejudice. The Workers' Compensation Appeals Board (WCAB) denied reconsideration, affirming the dismissal. The lien claimant's lien was deemed untimely filed as it was filed over six years after the stipulated last date of service, violating the statutory filing deadline. The WCAB found no proof of a timely filing for the alleged 2009 lien, as only proof of service and receipt were presented, not proof of filing with the Board. Therefore, the lien was properly dismissed as it was not filed within the three-year statutory period.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ClaimantOrder Dismissing with PrejudiceStipulationLast Date of ServiceNotice and Request for Allowance of LienElectronic Adjudication Management System (EAMS)Proof of ServiceStatute of Limitations
References
Case No. ADJ9116549
Regular
Mar 13, 2020

EMMA MEDINA vs. SUNRISE RESTAURANT, LLC, DENNY'S RESTAURANT, CANNON COCHRAN MANAGEMENT SERVICES, CHUBB INSURANCE

This Workers' Compensation Appeals Board case concerns the reimbursement for lien claimant Preferred Scan's copy services. The Board granted reconsideration to clarify what constitutes medical-legal expenses and the reasonable value of copy services. The Appeals Board rescinded the original award and returned the matter for further proceedings, finding that certain copy services for medical records were properly considered medical-legal expenses. However, the reasoning for doubling the copy service fee schedule was insufficient and requires further development at the trial level.

Workers' Compensation Appeals BoardReconsiderationLien ClaimantCopy ServicesMedical-Legal ServicesCopy Service Fee ScheduleLabor CodeSubpoena Duces TecumExplanation of ReviewCompromise and Release
References
Case No. ADJ3964372 (MON 0247784) ADJ4081926 (MON 0247785)
Regular
Dec 07, 2018

ROBERT BAKER vs. CITY OF COMPTON

The Workers' Compensation Appeals Board dismissed applicant Robert Baker's Petition for Reconsideration because it was filed *in pro per* without proof of service on all adverse parties, including his own attorney. The petition also failed to meet the requirements of Appeals Board Rule 10856 by not providing a specific offer of proof for newly discovered evidence or fraud. Consequently, the Board found the petition defective on multiple grounds.

Petition for Reconsiderationin pro perJoint Order Approving C&RWCJAppeals Board Rule 10856newly discovered evidenceoffer of proofcumulative evidenceproof of serviceadverse parties
References
Case No. ADJ9504941
Regular
Dec 09, 2015

JACQUELINE DAVILA vs. ANDREW CHRISTIAN, INC., LUMBERMENS UNDERWRITING RELIANCE

Defendant sought reconsideration of a Workers' Compensation Appeals Board (WCAB) decision finding applicant sustained a psychiatric injury and permanent disability. The WCAB dismissed the defendant's petition for reconsideration because it failed to properly serve the petition on the applicant and her attorney, violating WCAB rules. The WCAB also noted that even if service were proper, they would have denied the petition on its merits, adopting the WCJ's reasoning. Therefore, the defendant's petition was dismissed.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardAdministrative Law JudgeLogistics CoordinatorCumulative InjuryPsyche InjuryPermanent DisabilityApportionmentPrior Psychiatric Injury
References
Case No. ADJ6622890
Regular
Mar 10, 2014

GIOVANNA MUNOZ vs. MARY ADAMS COLLINS, ALLSTATE, SPECIALTY RISK SERVICES

The Workers' Compensation Appeals Board dismissed Western Imaging's Petition for Reconsideration as untimely. The Board found that Western Imaging's claim of non-receipt of the Order Dismissing Lien Claim was insufficient to overcome the presumption of service created by the defendant's proof of service and the ordinary course of mail. Even if Western Imaging's declaration were considered, the Board found credible evidence that they did, in fact, receive the order. Due to the untimeliness, the Board lacked jurisdiction to consider the petition.

Petition for ReconsiderationProof of ServiceRebuttable PresumptionOrdinary Course of MailUntimelyJurisdictionLien ClaimWCABAdministrative Law JudgeWestern Imaging
References
Case No. ADJ10717926
Regular
Aug 23, 2018

GUADALUPE SEDANO vs. GEO PACIFIC SERVICES, INC., REDWOOD FIRE AND CASUALTY INS. CO., ADMINISTERED BY BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Workers' Compensation Appeals Board granted reconsideration and rescinded the dismissal order because the record lacked proof of service for key notices. Applicant's case was dismissed for failing to object to a Notice of Intention to Dismiss, but the Board found the applicant may not have received proper notice of crucial hearings or the dismissal notice itself. Due process requires reasonable notice and an opportunity to be heard, which the incomplete record here calls into question. Therefore, the case is returned to the trial level for further proceedings to develop the record on service issues.

Petition for ReconsiderationOrder of DismissalNotice of Intention to DismissExcusable NeglectMandatory Settlement ConferenceProof of ServiceDue ProcessGood CauseService of NoticeWCAB Rule 10500
References
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