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

Case No. ADJ10186320
Regular
Feb 19, 2019

ELEUTERIO POLINA, vs. RALPHS GROCERY STORE

The Workers' Compensation Appeals Board denied Ralphs Grocery Store's petition for reconsideration. Defendant argued the administrative law judge erred in finding hypertension and stroke industrially caused. The Board affirmed the judge's decision, relying on the qualified medical evaluator's opinion that work stress and night shift work were contributing factors to the applicant's hypertension, which in turn led to the stroke. The Board emphasized that industrial factors only need to be a contributing cause for an injury to be compensable, and the location of symptom onset is irrelevant if the exposure occurred during employment.

HypertensionStrokeWork StressNight ShiftCumulative InjuryMedical CausationQualified Medical EvaluatorCardiologistCircadian RhythmCatecholamine
References
6
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 Consequently, the Board rescinded the prior order, finding Ralph's Grocery Company is not liable for vocational rehabilitation services or maintenance allowance.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
7
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 As a result, the Board rescinded the original WCJ's decision and approved the lien settlement for $29,500.00.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
2
Case No. ADJ4604933 (LBO 0347944) ADJ441100 (LBO 0347945) ADJ1350325 (LBO 0347946) ADJ2864784 (LBO 0347947) ADJ2043098 (LBO 0339856)
Regular
Nov 08, 2010

PETER AVALOS vs. RALPH'S GROCERY COMPANY

Defendant Ralph's Grocery Company sought reconsideration of an award finding applicant Peter Avalos sustained cumulative trauma injuries. The defendant contested the temporary total disability award, arguing the applicant had left the labor market and the award exceeded the statute of limitations. Furthermore, Ralph's argued the permanent disability finding lacked due process and proper apportionment due to inadmissible evidence and multiple prior injuries. The Appeals Board granted reconsideration to defer the permanent disability issue for further proceedings.

Workers' Compensation Appeals BoardCumulative trauma injuryTemporary total disabilityPermanent disabilityApportionmentLabor marketDue processSubstantial evidencePrivate permanent disability ratingAdmissibility
References
5
Case No. ADJ4363746 (AHM 0151277)
Regular
Oct 17, 2011

MARGARITA MENDOZA vs. RALPH'S GROCERY

This order dismisses Margarita Mendoza's Petition for Reconsideration in her workers' compensation case against Ralph's Grocery. The Appeals Board adopted the administrative law judge's report, finding the petition untimely. Even if timely, the Board would have denied the petition on its merits based on the judge's reasoning. Therefore, the petition for reconsideration is dismissed.

Petition for ReconsiderationDismissal OrderWorkers' Compensation Appeals BoardWCJ ReportUntimely PetitionMerits DenialRalph's GrocerySelf-insuredADJ4363746AHM0151277
References
0
Case No. 15-cv-4357 (PAC)
Regular Panel Decision
Aug 02, 2017

Chavis v. Wal-Mart Stores, Inc.

Cory Chavis, an Asset Protection Manager at a Walmart in Suffern, New York, sued Wal-Mart Stores, Inc. and Wal-Mart Stores East, LP, alleging religious discrimination and retaliation under Title VII. Chavis sought a religious accommodation to not work on Sundays due to her Sabbath observance. While initially requiring her to use vacation days, Walmart later granted her accommodation. Chavis subsequently claimed a hostile work environment and discriminatory denial of seventeen promotions. The court granted defendants' motion for summary judgment in part, dismissing claims of failure to accommodate and hostile work environment, as well as most promotion claims. However, it denied summary judgment on Chavis's retaliation claim and promotion claims for specific MAPM and ASM positions, finding genuine issues of material fact.

Religious DiscriminationRetaliationSummary JudgmentFailure to PromoteTitle VIIHostile Work EnvironmentSabbath AccommodationWalmartEmployment LawNew York Law
References
48
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
0
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
0
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
0
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
3
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