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

Case No. ADJ584782 AHM 0114457
Regular
Apr 18, 2011

James Green vs. Ralph's Grocery Company

The Workers' Compensation Appeals Board granted reconsideration to determine if Ralph's Grocery Company's appeal of a Rehabilitation Unit order was timely. The Board found the appeal was timely because the defendant received the order on July 3, 2008, and filed their appeal on July 10, 2008. Consequently, the Board rescinded the prior order, finding Ralph's Grocery Company is not liable for vocational rehabilitation services or maintenance allowance. This decision is based on the applicant's right to such benefits expiring on January 1, 2009.

Workers' Compensation Appeals BoardRalph's Grocery CompanyPermissibly Self-InsuredVocational Rehabilitation Maintenance Allowance (VRMA)Vocational Rehabilitation ServicesRehabilitation Unit (RU)Decision and Order (D&O)LachesLabor Code section 139.5Timeliness of Appeal
References
Case No. ADJ1518346 (MON 0297186) ADJ1191000 (MON 0297189) ADJ1545243 (MON 0298423)
Regular
Nov 30, 2017

THOMAS MARTINEZ vs. RALPHS GROCERY COMPANY

This case involved Ralphs Grocery Company seeking reconsideration of a WCJ's order allowing a $51,400.37 lien for medical treatment from the Motion Picture Health Fund (MPHF). Following reconsideration, Ralphs and MPHF entered into a voluntary settlement agreement. As a result, the Board rescinded the original WCJ's decision and approved the lien settlement for $29,500.00.

Workers' Compensation Appeals BoardRalphs Grocery CompanySedgwick Claims Management Serviceslien claimMotion Picture Health Fundmedical treatment expensepenaltiesinterestreconsiderationFindings and Orders
References
Case No. ADJ741196 (MON 0219371)
Regular
Sep 03, 2010

FRED CALHOUN vs. RALPHS GROCERY COMPANY

This is an Order from the Workers' Compensation Appeals Board (WCAB) denying a Petition for Reconsideration. The WCAB adopted the report of the workers' compensation administrative law judge (WCJ) as the basis for denial. Therefore, the WCAB affirmed its prior decision, whatever that may have been, against Fred Calhoun and in favor of Ralphs Grocery Company.

Workers' Compensation Appeals BoardRalphs Grocery CompanyPermissibly Self-InsuredOrder Denying ReconsiderationPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeWCJMichael Sullivan & Associates
References
Case No. ADJ2523911 (MON 0281750) ADJ2669536 (MON 0287852) ADJ2826764 (LAO 0791910)
Regular
Apr 25, 2013

GEORGE MORENO vs. RALPHS GROCERY COMPANY

The Workers' Compensation Appeals Board (WCAB) granted removal of the WCJ's February 6, 2013 decision in the case of George Moreno v. Ralphs Grocery Company. The WCAB rescinded the decision and returned the matter to the trial level for further proceedings and a new decision by the WCJ. This action is procedural and does not constitute a final ruling on the merits.

Workers' Compensation Appeals BoardRemovalGranting RemovalDecision after RemovalRescindedReturned to Trial LevelFurther ProceedingsAdministrative Law JudgeWCJPetition for Removal
References
Case No. ADJ3603216 (VNO 0544110), ADJ4356270 (VNO 0544111)
Regular
Oct 23, 2014

NAVINDRA MOHAN vs. RALPH'S GROCERY COMPANY

This case involves a Petition for Reconsideration filed by a lien claimant against Ralph's Grocery Company, which was dismissed by the Workers' Compensation Appeals Board. The dismissal was based on the petition being untimely filed. The Board adopted the administrative law judge's report, stating the petition was filed more than 25 days after the Order Dismissing Lien Claim, violating the statutory filing period. Consequently, the Petition for Reconsideration was dismissed.

Petition for ReconsiderationUntimelyDismissalLien Activation FeeAdministrative Law JudgeLabor Code Section 5903Code of Civil Procedure Section 1013Workers' Compensation Appeals BoardRalph's Grocery CompanyNavindra Mohan
References
Case No. ADJ1926394 (POM 0267363)
Regular
Jul 20, 2009

Francisco Costa vs. Ralph's Grocery Company

The Workers' Compensation Appeals Board granted reconsideration of a $100\%$ permanent disability award to Francisco Costa. Defendant Ralph's Grocery Company argued that $20\%$ of the disability should be apportioned to Costa's pre-existing congenital spinal stenosis, citing medical opinions. The Board found that the medical record justified apportionment but lacked sufficient detail on the basis for the physicians' opinions. Consequently, the Board rescinded the award and returned the case to the trial level for further development of the medical record regarding apportionment.

WCABRalph's Grocery CompanyFrancisco Costapermanent disabilityapportionmentcongenital spinal stenosiscauda equina syndromedecompression surgeryQMEsubstantial medical evidence
References
Case No. ADJ8859237
Regular
Apr 25, 2014

FABIAN PINEDA vs. RALPH'S GROCERY COMPANY, SEDGWICK

In this workers' compensation case, Ralph's Grocery Company filed a Petition for Removal, which they subsequently withdrew. Consequently, the Workers' Compensation Appeals Board has ordered the Petition for Removal dismissed. No further action will be taken on this matter.

Petition for RemovalDismissedWithdrawnWorkers' Compensation Appeals BoardRalph's Grocery CompanySedgwickADJ8859237Van Nuys District OfficeBradford & BarthelFrank Mastroni
References
Case No. ADJ2065472
Regular
Aug 15, 2013

CARLOS DURAN vs. RALPHS GROCERY COMPANY, SEDGWICK

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of the WCJ's prior decision in *Carlos Duran v. Ralphs Grocery Company*. The WCAB rescinded the WCJ's decision and returned the case to the trial level for further proceedings and a new decision. This action means the prior decision is no longer in effect and the case will be reheard by the WCJ. The parties retain their rights to seek further reconsideration of any new decision.

WCABReconsiderationRescindedReturned to Trial LevelFurther ProceedingsWCJ DecisionAdministrative Law JudgeRalphs Grocery CompanySedgwickCarlos Duran
References
Case No. ADJ3792824 (AHM 0116452) ADJ4206809 (AHM 0116457) ADJ143286 (AHM 0116470)
Regular
Jan 21, 2011

BRUCE SERVISS vs. RALPHS GROCERY COMPANY; Permissibly Self-Insured

The Workers' Compensation Appeals Board granted reconsideration of a prior award concerning an alleged late payment of benefits by Ralphs Grocery Company. The Board rescinded the original award, finding the administrative law judge's decision lacked specific findings on which benefits were delayed and the amounts involved. This matter is returned to the trial level for further proceedings and a new decision with specific findings, including whether penalties and attorney fees under Labor Code section 5814.5 are warranted.

WCABReconsiderationPenaltyUnreasonable DelayAttorney FeeSection 5814.5Findings AwardRescindedTrial LevelTimely Payment
References
Case No. ADJ843658 (LBO 0359099)
Regular
May 05, 2010

NANCY MOLL vs. RALPH'S GROCERY COMPANY, SEDGWICK CLAIMS MANAGEMENT

The Workers' Compensation Appeals Board denied Ralph's Grocery Company's petition for reconsideration. The defendant argued the administrative law judge erred in finding a cumulative industrial injury to the applicant's neck, citing a lack of substantial medical evidence and the WCJ's failure to consider a report from Dr. Kim. The Board adopted the WCJ's report, finding that Dr. Schiffman's reports adequately explained the delayed onset of cervical spine complaints, thus supporting the applicant's claim for the neck injury. The Board also admonished the applicant's counsel for improperly attaching an exhibit not previously entered into evidence.

Workers' Compensation Appeals BoardRalph's Grocery CompanySedgwick Claims ManagementNancy MollFindings and Awardindustrial injurybilateral shoulderselbowswristsneck
References
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