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

Case No. RIV 0047694, RIV 0063415 RIV 0063416, RIV 0063417
Regular
Jul 19, 2007

DEADRA FRANKLIN vs. STATE OF CALIFORNIA / DEPARTMENT OF MENTAL HEALTH / PATTON STATE HOSPITAL, legally uninsured, adjusted by STATE COMPENSATION INSURANCE FUND

This case concerns a lien claim by Premier Outpatient Surgery Center for unpaid services. The WCAB rescinded a previous order disallowing the lien due to Premier's lack of a fictitious-name permit, finding that the distinction between providing medical treatment versus an "outpatient setting" was not adequately addressed. The matter is returned to the trial level to determine if Premier, as an outpatient facility, was required to obtain a fictitious-name permit from the Medical Board.

Workers' Compensation Appeals BoardPremier Outpatient Surgery Centerfictitious-name permitBusiness and Professions CodeMedical Boardlien claimantoutpatient facilitycliniclicensureaccreditation
References
2
Case No. ADJ2379799 (RIV 0066166)
Regular
Jan 22, 2014

NORIS CONRAD vs. VISITING NURSES ASSOCIATION, ZURICH NORTH AMERICA

In this workers' compensation matter, the Workers' Compensation Appeals Board dismissed a Petition for Reconsideration. The dismissal was based on the petition being untimely filed. The lien claimant was personally served with the underlying Dismissal Order on October 31, 2013, and the petition was filed after the statutory deadline.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissal OrderLien claimantPersonal serviceUntimelyReport and RecommendationAdministrative Law JudgeZurich North AmericaVisiting Nurses Association
References
0
Case No. RIV 0044587, RIV 0044588, RIV 0044589
Regular
Feb 06, 2008

RAFAEL AMADOR vs. AZTEC SUPPLY COMPANY, PREFERRED EMPLOYERS INSURANCE COMPANY, CALIFORNIA GUARANTEE ASSOCIATION

The Workers' Compensation Appeals Board rescinded the original findings and award, returning the case to the trial level for further proceedings. The Board determined that the previous application of the Wilkinson rule for combining injuries was no longer generally applicable, requiring the judge to re-evaluate permanent disability and apportionment based on causation. Further medical record development is also needed concerning apportionment for a pre-existing non-industrial condition.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardIndustrial InjuryPermanent DisabilityApportionmentAgreed Medical EvaluatorCumulative TraumaSpondylolisthesisWilkinson rule
References
7
Case No. RIV 0071377 RIV 0071378 RIV 0070878
Regular
Nov 08, 2007

JOSE AYALA vs. CAMPBELL CONCRETE, ARCH INSURANCE COMPANY, AMERICAN HOME ASSURANCE

The Workers' Compensation Appeals Board granted reconsideration of a prior decision but affirmed the administrative law judge's findings, except to correct one finding. Specifically, the Board amended Finding of Fact Number 1 to clarify that the applicant sustained industrial injury to his low back and tailbone, but not to the rest of his spine, on September 16, 2004. The Board otherwise affirmed the original decision that the applicant's injuries caused no permanent disability and no need for further medical care.

Workers' Compensation Appeals BoardPetition for ReconsiderationQualified Medical EvaluatorIndustrial InjuryPermanent DisabilityFurther Medical CareFindings of FactJoint Findings and OrderTreating PhysicianSubstantial Evidence
References
0
Case No. ADJ1444335 (RIV 0017334), ADJ167619 (RIV 0017335), ADJ4158912 (RIV 0046324)
Regular
Sep 08, 2010

CHERYLE HUTCHINSON vs. COMMUNITY HOSPITAL OF SAN BERNARDINO, SEDGWICK CIGA GLENDALE, CHARTIS COSTA MESA, American Home Assurance Company (AHA)

The Appeals Board dismissed American Home Assurance Company's (AHA) Petition for Reconsideration regarding an order for AHA to administer three workers' compensation claims. The Board granted AHA's petition for removal, rescinded the order, and returned administration of the claims to CIGA. The Board found that the Workers' Compensation Judge prematurely ordered AHA to administer the claims, as no findings of liability or "other insurance" had been established, which are prerequisites for shifting administration away from CIGA. Therefore, CIGA will continue administering the claims until a determination of liability and coverage is made.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalClaims AdministrationCalifornia Insurance Guarantee AssociationCIGAOther InsuranceJoinder of DefendantDate of InjuryOverlap of Injuries
References
3
Case No. ADJ3140199 (RIV 0068905) ADJ966589 (RIV 0068906) ADJ3180444 (RIV 0068982)
Regular
Sep 09, 2014

JOSE L. JARA vs. IMPERIAL WESTERN PRODUCTS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed Jose L. Jara's Petition for Reconsideration. The WCAB found the petition was untimely filed, as it was submitted more than 25 days after the Findings and Award was issued on October 18, 2013. This timeframe violates Labor Code section 5903 and Code of Civil Procedure section 1013 regarding timely reconsideration filings. Consequently, the WCAB has ordered the dismissal of the petition.

Petition for ReconsiderationUntimelyDismissalWorkers' Compensation Appeals BoardFindings and AwardLabor Code Section 5903Code of Civil Procedure Section 1013Administrative Law JudgeRecord ReviewOrder
References
0
Case No. ADJ3867183 (RIV 0070395) ADJ1097832 (RIV 0082387) ADJ4711515 (RIV 0067813)
Regular
Jul 24, 2013

GERALDINE CONCHA vs. COUNTY OF RIVERSIDE, permissibly self-insured

This case involves a defendant's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision regarding a lien claim. The WCAB dismissed the petition because the underlying decision being challenged had been rescinded by the judge within the statutory timeframe. The defendant's arguments concerning the lien claimant's entitlement to payment were therefore moot. Consequently, the petition for reconsideration was dismissed as there was no longer a decision to review.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and Orderlien claimantUSA Photocopy Servicesrescinded decisionstipulated Awardindustrial injuryhealth services assistantWCJ
References
0
Case No. ADJ123100 (RIV 0072847) ADJ2366145 (RIV 0072898) ADJ1800144 (RIV 0072908)
Regular
Oct 30, 2008

JESUS VILLABA, (JESUS VILLALBA) vs. MARK LOGAN LANDSCAPE, APPLIED RISK SERVICES

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal because they failed to demonstrate the required prejudice or irreparable harm. While the defendant sought to resolve three workers' compensation claims via stipulations, the Board returned the matter to the trial level. This allows the judge to consider additional facts and arguments presented by the defendant regarding the unresolved third claim.

Petition for RemovalStipulations with Request for AwardWorkers' Compensation Appeals BoardWCJ ReportPrejudiceIrreparable HarmLabor Code Section 5310Trial LevelHearingDiscretionary Power
References
2
Case No. ADJ3367486 (RIV 0016856) ADJ281670 (RIV 0008214) ADJ2292739 (RIV 0003259)
Regular
Feb 03, 2016

ROBERT O'NEAL vs. L.A. COUNTY FAIR ASSOCIATION, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION (CIGA)

The Workers' Compensation Appeals Board (WCAB) has granted the applicant's petition for reconsideration in the case of Robert O'Neal v. L.A. County Fair Association and CIGA. This reconsideration is granted to allow for further study of the complex factual and legal issues presented. The WCAB needs a complete understanding of the record to issue a just decision. All future filings related to the petition must be submitted directly to the WCAB Commissioners' office, not to any district office.

Workers' Compensation Appeals BoardPetition for ReconsiderationGrant of ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionOffice of the CommissionersElectronic Adjudication Management System (EAMS)Proposed SettlementWCJ
References
0
Case No. RIV 0079075, RIV 0072037
Regular
Dec 21, 2007

JOSEPH VIGARI vs. ARNOLD PALMER'S RESTAURANT, EMPLOYER'S COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration of a September 27, 2007 decision. This action was taken to allow the WCAB sufficient time to further study the factual and legal issues in the case. A final decision after reconsideration is pending.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting PetitionSeptember 27 2007 decisionFactual and legal issuesJust and reasoned decisionFurther proceedingsReconsideration UnitSan Francisco CaliforniaAdelson Testan Brundo Jimenez
References
0
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