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Case Law Database

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

Case No. ADJ218867

Regular

Apr 13, 2011

SANDY FRIZZELL vs. DEPARTMENT OF PARKS AND RECREATION, CHARTIS COSTA MESA, SCIF STATE EMPLOYEES SACRAMENTO

The Workers' Compensation Appeals Board denied reconsideration of a decision regarding Sandy Frizzell's claim against the Department of Parks and Recreation. The petitioner, State Compensation Insurance Fund, contested the 17% disability rating assigned for Ms. Frizzell's headaches, arguing it was improperly calculated. The Board adopted the administrative law judge's report, which found the rating expert's testimony credible and unimpeached. The judge's report explained that the rating appropriately reflected the intermittent nature of the headaches, as testified by the expert.

Workers' Compensation Appeals BoardReconsideration DeniedRating Expert TestimonyUnimpeached TestimonyCredible TestimonyLyme DiseaseContinuing TraumaState Compensation Insurance FundResource EcologistDisability Evaluation Specialist

References

Case No. ADJ7486243

Regular

May 23, 2011

WALTER ROSS III vs. SOUTHGATE PARKS AND RECREATION DISTRICT, YORK INSURANCE SERVICES GROUP, INC.

This case involves a Petition for Removal filed by Applicant Walter Ross III against Southgate Parks and Recreation District and York Insurance Services Group. The Workers' Compensation Appeals Board (WCAB) reviewed the petition and the WCJ's report. Finding no grounds for removal, the WCAB adopted the WCJ's reasoning and denied the petition. The order officially denies Walter Ross III's petition for removal.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ ReportDeny RemovalSouthgate Parks and Recreation DistrictYork Insurance Services GroupADJ7486243Oakland District OfficeDecision and OrderAdministrative Law Judge

References

Case No. ADJ4523909

Regular

Mar 04, 2016

GLORIA BLACKMON vs. ABZ AUTO WRECKAGE, TRUCK INSURANCE COMPANY, FARMERS INSURANCE EXCHANGE

This case concerns an applicant's petition for reconsideration of a denial of medical treatment authorization. The Workers' Compensation Appeals Board (WCAB) denied the petition, upholding the administrative law judge's decision. The key issue was whether an untimely Independent Medical Review (IMR) determination invalidates the IMR process, thereby allowing the WCAB to decide treatment necessity. The majority found the IMR timelines to be directory, not mandatory, and thus the untimely IMR was valid and binding. A dissenting commissioner argued the IMR timelines are mandatory, and an untimely IMR should allow the WCAB to determine treatment necessity.

Workers' Compensation Appeals BoardIndependent Medical ReviewUtilization ReviewSB 863Labor Code section 4610.6(h)Administrative Directormandatory vs. directorymedical treatment disputeprescription medicationsWellbutrin

References

Case No. ADJ1 798995 (SAC 0324817)

Regular

Mar 08, 2016

Richard Hill vs. Tuttle Interior Systems, State Compensation Insurance Fund

The Workers' Compensation Appeals Board (WCAB) reversed a finding that an Independent Medical Review (IMR) determination was moot due to untimeliness. The Board held that while the Utilization Review (UR) decision expired, the subsequent IMR determination, even if issued outside statutory timeframes, remained valid. The WCAB emphasized that untimeliness is not a statutory ground to appeal an IMR decision and that IMR timeframes are directory, not mandatory. Consequently, the case was returned to the trial level, with the existing IMR decision binding unless grounds for appeal under Labor Code section 4610.6(h) are established.

Workers' Compensation Appeals BoardPetition for ReconsiderationUtilization ReviewIndependent Medical ReviewLabor Code § 4610.6SB 863Medical NecessityDirectory vs. Mandatory TimeframesAdministrative DirectorMaximus Federal Services

References

Case No. ADJ1 0024400

Regular

Mar 23, 2016

DARRIN WALKER vs. COUNTY OF LOS ANGELES--SHERIFF'S DEPARTMENT

This case concerns Darrin Walker's claim for workers' compensation benefits related to a lumbar spine injury. The primary dispute centers on the validity of an Independent Medical Review (IMR) decision that denied authorization for surgery due to a potential delay in the IMR process. The Workers' Compensation Appeals Board (WCAB) denied reconsideration, holding that the statutory timeframes for IMR decisions are directory, not mandatory, citing case law. Consequently, the WCAB affirmed the administrative law judge's prior order denying the applicant's appeal of the IMR determination.

References

Case No. ADJ9519638

Regular

Dec 22, 2015

LORA OWENS vs. DEPARTMENT OF PARKS AND RECREATION, STATE COMPENSATION INSURANCE FUND

The Appeals Board denied the defendant's petitions for reconsideration, removal, and disqualification of the judge. The Board granted removal on its own motion to consider imposing sanctions against the defendant's attorney and insurer for disruptive conduct and refusal to comply with court orders. The defendant's arguments regarding the judge's rulings on occupational group number and trial procedures were found to lack merit.

WCABOccupational Group NumberRemoval PetitionPetition for ReconsiderationPetition for DisqualificationWCJ ConductBiasRight to CounselDue ProcessInvited Error

References

Case No. ADJ9746664

Regular

Feb 06, 2017

CANDACE MARTINEZ vs. CALIFORNIA DEPARTMENT OF PARKS AND RECREATION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and affirmed the WCJ's finding that the applicant was not a credible witness regarding her neck and back injury claims, as she failed to meet her burden of proof. The Board adopted the WCJ's reasoning that the applicant's medical evidence lacked substantiality and did not explain the mechanism of injury. However, the Board rescinded the prior order that the applicant take nothing, recognizing a stipulation and WCJ finding of industrial injury to the applicant's shoulders. Therefore, the applicant's findings of fact for the shoulders are affirmed, but her claims for neck and back injuries were denied based on credibility and lack of evidence.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeCredibility DeterminationPreponderance of the EvidenceIndustrial InjuryMechanism of InjurySubstantial EvidenceStipulationIndustrial Injury to Shoulders

References

Case No. ADJ4623846

Regular

Jun 25, 2013

ERIC FULLER vs. MOUNTAINS RECREATION & CONSERVATION AUTHORITY, STATE COMPENSATION INSURANCE FUND

This case involves the applicant's petition for reconsideration regarding a compromise and release order for $60,000, specifically challenging the $7,200 attorney fee withholding. The Board dismissed the petitions because the April 10, 2013 order was not a final order, as it explicitly stated the attorney fee was pending further agreement or court order. The applicant's remedy is to reach an agreement with his former attorney or file a declaration of readiness to proceed. The WCJ retains jurisdiction to resolve the attorney fee dispute, rendering the petitions for reconsideration unnecessary for the applicant to obtain relief.

Workers' Compensation Appeals BoardCompromise and Releaseattorney fee withholdingPetitions for ReconsiderationWCJReport and Recommendationfinal ordersubstantive rightliabilityDeclaration of Readiness

References

Case No. ADJ11144491

Regular

Nov 19, 2018

RALPH CONWAY vs. COUNTY OF SANTA CLARA/ PARKS AND RECREATION

This case involves a petition for reconsideration of a workers' compensation decision. The Appeals Board dismissed the petition because it was filed from an interlocutory procedural order, specifically the denial of a replacement QME. Such orders are not considered "final" as they do not determine substantive rights or liabilities. The Board also noted that the petition did not demonstrate substantial prejudice or irreparable harm, even if considered for removal.

Workers' Compensation Appeals BoardPetition for ReconsiderationFinal OrderSubstantive RightLiabilityThreshold IssueInterlocutory DecisionProcedural DecisionEvidentiary DecisionQualified Medical Examiner

References

Case No. ADJ6841263

Regular

Apr 22, 2014

SHERYL WILLIS vs. STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION

This case concerns an applicant's petition for reconsideration of a denial for a lightweight mobility scooter. The applicant argued the administrative director's determination was plainly erroneous and that the relevant Labor Code sections were unconstitutional. The Workers' Compensation Appeals Board denied the petition, finding the applicant failed to raise new issues or challenge constitutionality within their power. The Board also admonished both parties' counsel for unprofessional conduct.

Labor Code Section 4610.6Petition for ReconsiderationAdministrative DirectorIndependent Medical ReviewLightweight Mobility ScooterLabor Code Section 4600Plainly Erroneous Finding of FactBias on Basis of DisabilityConstitutional ChallengeScope of Review

References

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Updated Daily

Case Law Database

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

Case No. ADJ218867

Regular

Apr 13, 2011

SANDY FRIZZELL vs. DEPARTMENT OF PARKS AND RECREATION, CHARTIS COSTA MESA, SCIF STATE EMPLOYEES SACRAMENTO

References

Case No. ADJ7486243

Regular

May 23, 2011

WALTER ROSS III vs. SOUTHGATE PARKS AND RECREATION DISTRICT, YORK INSURANCE SERVICES GROUP, INC.

References

Case No. ADJ4523909

Regular

Mar 04, 2016

GLORIA BLACKMON vs. ABZ AUTO WRECKAGE, TRUCK INSURANCE COMPANY, FARMERS INSURANCE EXCHANGE

References

Case No. ADJ1 798995 (SAC 0324817)

Regular

Mar 08, 2016

Richard Hill vs. Tuttle Interior Systems, State Compensation Insurance Fund

References

Case No. ADJ1 0024400

Regular

Mar 23, 2016

DARRIN WALKER vs. COUNTY OF LOS ANGELES--SHERIFF'S DEPARTMENT

References

Case No. ADJ9519638

Regular

Dec 22, 2015

LORA OWENS vs. DEPARTMENT OF PARKS AND RECREATION, STATE COMPENSATION INSURANCE FUND

WCABOccupational Group NumberRemoval PetitionPetition for ReconsiderationPetition for DisqualificationWCJ ConductBiasRight to CounselDue ProcessInvited Error

References

Case No. ADJ9746664

Regular

Feb 06, 2017

CANDACE MARTINEZ vs. CALIFORNIA DEPARTMENT OF PARKS AND RECREATION, STATE COMPENSATION INSURANCE FUND

References

Case No. ADJ4623846

Regular

Jun 25, 2013

ERIC FULLER vs. MOUNTAINS RECREATION & CONSERVATION AUTHORITY, STATE COMPENSATION INSURANCE FUND

Workers' Compensation Appeals BoardCompromise and Releaseattorney fee withholdingPetitions for ReconsiderationWCJReport and Recommendationfinal ordersubstantive rightliabilityDeclaration of Readiness

References

Case No. ADJ11144491

Regular

Nov 19, 2018

RALPH CONWAY vs. COUNTY OF SANTA CLARA/ PARKS AND RECREATION

References

Case No. ADJ6841263

Regular

Apr 22, 2014

SHERYL WILLIS vs. STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION

References

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