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Case Law Database

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

Case No. ADJ14275855
Regular
Jan 20, 2023

MARIA ANA TAYROS vs. CITY OF GREENFIELD, ACCLAMATION INSURANCE MANAGEMENT SERVICES

Here's a summary of the case in four sentences for a lawyer: The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration regarding a prior order compelling payment to a Qualified Medical Examiner (QME). The defendant sought to avoid paying the QME an additional deposition fee after a prior deposition was aborted due to technical issues, despite having paid for preparation and attempted appearance. The Board found that the QME was entitled to the statutory minimum two-hour payment for the rescheduled deposition, including preparation time, as the initial failure to depose was not the QME's fault. The Board also clarified that the defendant's petition was treated as one for reconsideration, not removal, and was denied on its merits.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalQualified Medical Examiner (QME)Deposition FeeMedical-Legal TestimonyAdministrative Director Rule 9795Payment of Expert Witness FeeCode of Civil Procedure Section 2034.450Labor Code Section 5710
References
8
Case No. ADJ3763910 (STK 0195200) ADJ6626980
Regular
Feb 06, 2015

JOHN ALARCON vs. PACIFIC GAS & ELECTRIC

This case involves an applicant seeking to modify deposition and Qualified Medical Evaluation (QME) orders due to alleged severe medical conditions. While the applicant agrees to the deposition and QME, they claim their health prevents travel and request these be held at their home. The Appeals Board granted the Petition for Removal, finding the medical record requires further development regarding the alleged travel limitations. The orders for deposition and QME are amended to defer the time and place, returning the matter to the trial level for proceedings on accommodation issues.

Petition for RemovalOrder Compelling DepositionQualified Medical Evaluation (QME)Administrative Law Judge (WCJ)Industrial InjuriesPolymyositisTreating PhysicianMedical ReportTravel LimitationsAccommodation
References
2
Case No. MISSING
Regular Panel Decision
Jul 13, 2000

Bordeau v. Village of Deposit

Plaintiffs Brian K. Bordeau, Francis Laundry Jr., and Jeffrey S. Laundry initiated a civil rights action under 42 U.S.C. § 1983, alleging violations of their First, Fourth, Fifth, and Fourteenth Amendment rights, as well as New York State common law claims, against the Village of Deposit, its Police Chief Jon Bowie, and Village Justice Peter McDade. The lawsuit arose from an incident in May 1997 involving alleged unlawful arrest, excessive force, and malicious prosecution. Defendants moved for summary judgment on several causes of action. The court denied summary judgment for claims of false arrest, false imprisonment, malicious prosecution against Chief Bowie, and a state law assault and battery claim against Justice McDade. However, it granted summary judgment dismissing claims against the Village related to an alleged pattern of unconstitutional conduct and claims against Justice McDade based on judicial immunity. Additionally, all claims against the New York State Troopers, the Village Police Department, and punitive damages against the Village were dismissed. The case will proceed to trial on the remaining federal and state law claims.

Civil RightsSection 1983False ArrestFalse ImprisonmentMalicious ProsecutionMunicipal LiabilityJudicial ImmunityExcessive ForceSummary JudgmentConstitutional Law
References
36
Case No. ADJ4052884 (AHM 0136124), ADJ6520242, ADJ7028149
Regular
Jul 20, 2016

EMILIO EDDIE ROMERO, SARA ROMERO vs. CLOROX PRODUCTS MANUFACTURING, GALLAGHER BASSETT SERVICES

Defendant Clorox sought removal to the Appeals Board to review an order allowing a second deposition of the decedent's QME, arguing prejudice from delay. Defendant contended the applicant waived discovery rights and the issue should be the QME's report's evidentiary value. However, the QME's deposition subsequently occurred. Therefore, the Appeals Board dismissed the Petition for Removal as moot and ordered the matter returned to the trial calendar.

Workers' Compensation Appeals BoardRemovalPetition for RemovalQualified Medical EvaluatorQMEDepositionDiscoveryVacated OrderSubstantial PrejudiceIrreparable Harm
References
1
Case No. ADJ2154380 (SAC 0363541)
Regular
Jul 21, 2010

Spencer Davis vs. Clark & Sullivan, Inc., LWP Claims Sacramento, Berkshire Hathaway San Francisco, Berkshire Hathaway Pasadena

The defendant sought to disqualify the Qualified Medical Evaluator (QME) due to their unavailability for deposition within the regulatory 120-day timeframe. The Workers' Compensation Appeals Board (WCAB) denied the petition for removal, affirming the lower order. The WCAB found that Administrative Director (AD) Rule 31.5, concerning replacement panels, does not apply to QME unavailability for deposition. Furthermore, the Board found no demonstrable prejudice or irreparable harm, noting the defendant's own rescheduling of the deposition.

Petition for RemovalQualified Medical EvaluatorQME UnavailabilityDeposition SchedulingAdministrative Director RulesAD Rule 35.5(f)AD Rule 31.5(a)(5)AD Rule 33PrejudiceIrreparable Harm
References
4
Case No. ADJ2154380
Regular
Jul 21, 2010

SPENCER DAVIS vs. CLARK & SULLIVAN, INC., LWP CLAIMS SACRAMENTO, BERKSHIRE HATHAWAY SAN FRANCISCO, BERKSHIRE HATHAWAY PASADENA

In this case, the defendant sought to disqualify a Qualified Medical Evaluator (QME) due to their alleged unavailability for deposition within 120 days as required by Administrative Director Rule 35.5(f). The Workers' Compensation Appeals Board (WCAB) denied the defendant's petition for removal. The WCAB found that Rule 31.5, which allows for replacement panels, does not apply to QME unavailability for deposition. Furthermore, the Board determined the defendant failed to demonstrate significant prejudice or irreparable harm, especially after rescheduling the deposition themselves.

Petition for RemovalQualified Medical EvaluatorDeposition UnavailabilityAdministrative Director RuleMandatory RegulationPrejudice and HarmReplacement PanelWCJ OrderUpper Extremities InjuryPsyche Injury
References
0
Case No. ADJ6912990
Regular
Feb 03, 2010

WILLIAM HENDERSON vs. UNITED RENTALS NORTHWEST, ESIS

In this workers' compensation case, the Appeals Board denied the applicant's petition for removal, which sought to rescind an order allowing non-medical witness depositions to be sent to a Qualified Medical Evaluator (QME). While the employer admittedly violated Labor Code section 4062.3(b) by failing to provide prior notice of these depositions, the Board found that the applicant received due process because the judge deferred rulings on deposition objections until trial. The Board also noted that the QME had not yet made any determinations regarding personnel actions. Therefore, no substantial prejudice or irreparable harm was demonstrated, and the petition was denied.

Petition for RemovalQualified Medical Evaluator (QME)DepositionNon-medical recordsLabor Code section 4062.3(b)Due processIndustrial injuryDigestive system injuryPsyche injuryPriority conference
References
1
Case No. ADJ8750265
Regular
Apr 17, 2017

EDUARDO VILCHES CABRERA vs. TOWN OF SCOTIA CO. PACIFIC LUMBER, TRISTAR RISK MANAGEMENT

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, rescinding a prior order that denied the defendant's request to compel the applicant's deposition. The Board found good cause existed for the deposition because a 2014 MRI showed a worsening of the applicant's knee condition, necessitating a second surgery, despite a prior QME report attributing 100% of permanent disability to the original 2006 industrial injury. This new development raised questions about potential subsequent injuries or intervening causes that could affect reimbursement. The Board permitted the deposition to gather information regarding the applicant's employment and any events between the QME's 2013 evaluation and the 2014 MRI.

Petition for RemovalSecond Order Denying Petition to CompelStipulations and AwardQualified Medical EvaluatorPetition to Compeldepositionmaterial change in medical conditionreimbursementsubsequent employmentgood cause
References
0
Case No. MISSING
Regular Panel Decision

Nadler v. Federal Deposit Insurance

Congressman Jerrold Nadler, the Tribeca Community Association, and the 67 Vestry Street Tenants Association sued the Federal Deposit Insurance Corporation (FDIC) under the Freedom of Information Act (FOIA) to compel the disclosure of a redacted joint venture agreement. The FDIC, acting as receiver for the failed American Savings Bank (ASB), withheld information related to ASB's subsidiary, Amore Holdings, Inc., citing FOIA Exemption Four for trade secrets and confidential commercial or financial information. The court, applying the National Parks test, determined that public disclosure would significantly impair the FDIC’s ability to maximize profits from its receivership assets and cause substantial competitive harm to Amore. Consequently, the court granted the FDIC’s motion for summary judgment, denied the plaintiffs’ cross-motion, and dismissed the complaint.

FOIAExemption FourCommercial InformationConfidentialityFDIC ReceivershipSummary JudgmentGovernment AgencyReal Estate DevelopmentFreedom of Information Act
References
12
Case No. ADJ8132422
Regular
Dec 14, 2015

JIM MARSHMAN vs. CRANE CONSTRUCTION COMPANY, LLC, TRAVELERS PROPERTY CAUSAULTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board granted the applicant's petition for removal, rescinding the WCJ's order to take the matter off calendar. This order had prevented the applicant from a timely hearing on his temporary disability claim pending a QME deposition. The Board found that the applicant would suffer significant prejudice by not being heard promptly. The matter was returned to the WCJ to schedule a continued expedited hearing at least 30 days after the QME's deposition.

Petition for RemovalExpedited HearingQualified Medical Evaluator (QME)Off Calendar OrderTemporary DisabilityDue ProcessFurther Development of RecordRescinded OrderIrreparable HarmSignificant Prejudice
References
0
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