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

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ12345287
Regular
Jun 17, 2025

TOMAS OSORIO vs. MISSION RUBBER COMPANY LLC, PERSONNEL STAFFING GROUP aka RITE STAFF, INC., KALIFORNIA BUSINESS STAFFING LLC, INSURANCE COMPANY OF THE WEST

The Petition for Removal of the decision issued on April 30, 2025 has been withdrawn by petitioner. Therefore, it will be dismissed.

Petition for RemovalDismissedWithdrawnWorkers' Compensation Appeals BoardADJ12345287Mission Rubber CompanyPersonnel Staffing GroupRite StaffXL Insurance CompanyGallagher Bassett
References
Case No. ADJ1744141
Regular
Nov 10, 2010

YANTI SHARIFF vs. RITE AID CORPORATION, TRAVELERS INDEMNITY COMPANY OF ILLINOIS

The defendant, Rite Aid Corporation, sought reconsideration of a Stipulation and Order requiring them to pay two lien claimants, Sanjiv Jain, M.D. and Advanced Radiology. Rite Aid argued these stipulations were entered into in error, claiming Dr. Jain's lien was previously dismissed and Advanced Radiology's lien was settled. The Workers' Compensation Appeals Board (WCAB) dismissed the petition for reconsideration because it was unverified. However, the WCAB noted Rite Aid can still file a Declaration of Readiness for a hearing to address good cause for setting aside the stipulations.

Petition for ReconsiderationDismissing PetitionStipulation and OrderLien ClaimantUnverified PleadingVacate Lien OrdersAdministrative Law JudgeLien DismissedLien SettledDeclaration of Readiness
References
Case No. ADJ7341449
Regular
Oct 01, 2012

CINTHIA QUINTANILLA vs. RITE AID, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board (WCAB) denied Cinthia Quintanilla's petition for reconsideration in the case against Rite Aid and Travelers Property Casualty Company. The WCAB adopted the findings of the workers' compensation administrative law judge (WCJ) and gave them great weight, particularly regarding credibility. This order upholds the WCJ's original decision without further elaboration.

QuintanillaRite AidTravelers Property Casualty CompanyADJ7341449Reconsideration DeniedWCJ ReportCredibility FindingGarza v. WCABWorkers' Compensation Appeals BoardAdministrative Law Judge
References
Case No. ADJ7308695
Regular
Apr 16, 2014

MARIA ZAMUDIO vs. STAFF CHEX, CARE WEST INSURANCE COMPANY, PEGASUS RISK MANAGEMENT

This case involves Maria Zamudio's workers' compensation claim against Staff Chex and its insurer. The Workers' Compensation Appeals Board (WCAB) issued an order dismissing Zamudio's petition for reconsideration. The dismissal was based on the petition being filed untimely, as detailed in the administrative law judge's report which the WCAB adopted. Therefore, Zamudio's reconsideration request was denied.

Petition for ReconsiderationUntimelyDismissedWorkers' Compensation Appeals BoardAdministrative Law JudgeReport and RecommendationWorkers' CompensationStaff ChexCare West Insurance CompanyPegasus Risk Management
References
Case No. SBR 0297153
Regular
Dec 16, 2007

KAREN SPARKS vs. RITE AID CORPORATION, TRAVELERS PROPERTY \& CASUALTY

Rite Aid sought to disqualify the Workers' Compensation Judge (WCJ) based on an alleged consanguinity or bias towards the applicant's law firm. The Board denied the petition because consanguinity with a law firm is legally impossible, and the petition failed to provide specific facts demonstrating bias. While the WCJ noted a personal relationship with someone represented by the firm, this alone, without evidence of actual bias, was insufficient for disqualification.

Workers Compensation Appeals BoardDisqualification petitionConsanguinityAffinityCode of Civil Procedure section 641(b)Administrative Law Judge (WCJ)Rose Klein & MariasBiasDeclarationWCAB Rule 10452
References
Case No. ADJ8522341
Regular
Mar 21, 2013

JULIE ROWE vs. RITE AID CORPORATION, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board denied Rite Aid Corporation's petition for reconsideration, affirming an earlier order compelling them to authorize spinal surgery. The Board found that Dr. Aryan's transmitted medical documents, including a fax cover sheet and prescriptions, collectively constituted a valid request for authorization under Labor Code section 4062(b). Defendant's arguments regarding the insufficiency of the request and Dr. Aryan's status as a consulting physician were rejected. The Board agreed with the WCJ that the defendant failed to timely object to the recommended surgery.

Rite Aid CorporationTravelers Property Casualty Company of AmericaWCABADJ8522341Petition for ReconsiderationLabor Code section 4062(b)Dr. Henry Aryanspinal surgery authorizationtreating physicianconsulting physician
References
Case No. GRO 0034768
Regular
Mar 07, 2008

JESSICA SMITH vs. RITE AID CORPORATION, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, TRAVELERS INSURANCE COMPANY

This Workers' Compensation Appeals Board case, Jessica Smith v. Rite Aid Corporation, involves an order dismissing a petition for removal. The petitioner voluntarily withdrew their petition for removal. Consequently, the Board has dismissed the petition, rendering it ineffective and requiring no further action.

Petition for RemovalWithdrawn PetitionDismissed PetitionWorkers' Compensation Appeals BoardRite Aid CorporationTravelers Property Casualty Company of AmericaTravelers Insurance CompanyGRO 0034768Frank M. BrassRick Dietrich
References
Case No. OAK 0326623
Regular
Jan 22, 2008

HENRIETTA BARCLAY vs. RITE AID, TRAVELERS INSURANCE COMPANY

The applicant's claim that the excision of her distal clavicle constitutes an "amputation" under Labor Code section 4656(c)(2)(C) was denied, as the Board held that term refers to external body parts. However, the Board deferred the issue of temporary disability indemnity, allowing further proceedings on the applicant's claims of unreasonable medical treatment delays estopping the defendant from asserting the statutory limits. The Board also declined to rule on the constitutionality of the statute, citing lack of jurisdiction.

Workers' Compensation Appeals BoardRite AidTravelers Insurance CompanyReconsiderationIndustrial InjuryRight ShoulderSurgeryExcisionDistal ClavicleAmputation
References
Case No. SAC 0344938
Regular
Oct 22, 2007

GAELENE SCOTT vs. RITE AID, TRAVELERS PROPERTY AND CASUALTY COMPANY

The Workers' Compensation Appeals Board rescinded a prior award that denied temporary disability benefits based on Labor Code section 4656(c)(1)'s 104-week limit. The Board found the applicant's argument regarding the constitutionality of the statute could not be addressed, but remanded the case. The matter is returned to the trial level to determine the actual date temporary disability payments first commenced, which is crucial for calculating the 104-week aggregate limit.

Workers' Compensation Appeals BoardRite AidTravelers Property and Casualty Companypetition for reconsiderationtemporary disability indemnityLabor Code section 4656(c)(1)aggregate disability paymentscompensable weeksunconstitutional statuteHawkins v. Amberwood Products
References
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