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Case Law Database

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

Case No. ADJ11155531

Regular

Apr 01, 2020

PATRICK ALLEN vs. UNITED PARCEL SERVICE, LIBERTY MUTUAL INSURANCE CO.

The Workers' Compensation Appeals Board granted applicant's petition for removal, rescinded an order compelling attendance at a medical examination, and returned the matter for further proceedings. The Board found the order violated due process because the applicant did not receive prior notice or an opportunity to be heard. The WCJ issued the order as a "walk-through document" without adhering to the required notice of intention procedure. The Board emphasized that due process requires notice and an opportunity to challenge adverse actions before they are issued.

Petition for RemovalOrder Compelling AttendanceMedical ExaminationDue ProcessNoticeOpportunity to be HeardPetition to Compel AttendanceAgreed Medical Evaluator (AME)Walk-through documentWCAB Rule 10789(h)

References

Case No. ADJ4242717 (VNO 0420852) ADJ7278860

Regular

Sep 28, 2016

PHILLIP WILLIAMS vs. DEPARTMENT OF CORRECTIONS & REHABILITATION - CALIFORNIA INSTITUTE FOR WOMEN, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted removal, rescinding a WCJ's order compelling former attorney John Ferrone to attend trial as a witness. The Board found that the only subpoena issued for Ferrone was to attend a trial date that had long passed, was not personally served, and had potentially been withdrawn. Compelling a witness's attendance requires a valid subpoena, and no such valid subpoena existed for the current trial date.

Petition for RemovalAttorney-Client PrivilegeSubpoenaWCJ OrderFraud or MistakeStipulation and OrderMotion to QuashAttorney as WitnessCompelled AttendancePercipient Witness

References

Case No. ADJ8139408

Regular

Jul 30, 2013

MARGARITA RODRIGUEZ vs. ARAMARK CLEAN ROOM SERVICES, ACE AMERICAN INSURANCE COMPANY

This Workers' Compensation Appeals Board case involved a Petition for Removal filed by defendant Aramark Clean Room Services. The Board denied the petition, upholding the judge's decision to take an expedited hearing off calendar. The denial was based on defense counsel's failure to identify the correct employer, which was a prerequisite for addressing issues like Medical Provider Network disputes. The Board emphasized that parties have an affirmative duty to identify the responsible entity early in litigation and that inaccurate stipulations cannot be blindly accepted.

Petition for RemovalWorkers' Compensation Appeals BoardARAMARK CLEAN ROOM SERVICESACE AMERICAN INSURANCE COMPANYSEDGWICK CMSADJ8139408Los Angeles District OfficeRule 10550(a)identity of employersubstantial prejudice

References

Case No. ADJ4441491 (BAK 0130953)

Regular

Feb 08, 2010

JAN WALSH vs. KERN REGIONAL CENTER, STATE COMPENSATION INSURANCE FUND

This case involves State Compensation Insurance Fund's (SCIF) petition for reconsideration of an award granting attendant care for an applicant's medical appointments. SCIF argued the attendant care was not medically necessary, but rather a convenience, and thus not covered under Labor Code section 4600. The Workers' Compensation Appeals Board granted reconsideration solely to correct clerical errors in the date of injury and verb tense in the original findings. The Board otherwise affirmed the WCJ's decision, upholding the award of attendant care.

WCABReconsiderationAttendant CareMedical AppointmentsAgreed Medical EvaluatorReasonably Medically NecessaryLabor Code 4600Petition to ReopenFindings and AwardStipulated Award

References

Case No. ADJ3570526 (VNO 0553441) ADJ3614404 (VNO 0552970)

Regular

May 22, 2014

BIYAZEN JEMBERE vs. AMERIPARK, INC.; NATIONAL LIABILITY & FIRE INSURANCE; OAK RIVER INSURANCE CO., Adjusted by ACCA

The applicant petitioned for removal, seeking to rescind an order compelling attendance at a QME examination due to an alleged lack of opportunity to respond and a valid excuse for a prior missed appointment. The applicant's brother died in Ethiopia, causing him to be out of the country and miss an initial QME appointment. Although the applicant subsequently attended the rescheduled QME exam, rendering the removal petition moot regarding attendance, the Appeals Board dismissed the petition.

Petition for RemovalOrder Suspending ProceedingsPetition to Compel AttendanceMedical EvaluationQualified Medical Evaluator (QME)Excusable NeglectBureaucratic ReasonsEAMSMootWorkers' Compensation Appeals Board (WCAB)

References

Case No. ADJ218892 (OXN 0145664)

Regular

May 01, 2012

JACOBO GARCIA ALVARO vs. SAN MARINO PLASTERING, INC., LUMBERMEN'S UNDERWRITING ALLIANCE, Administered by CAMBRIDGE INTEGRATED SERVICES GROUP

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Reconsideration because the WCJ's order compelling attendance at a medical examination was not a final order. The Board also denied the Petition for Removal, finding no substantial prejudice or irreparable injury to justify removal. Additionally, the applicant's Petition for Reconsideration was unverified, and the defect was not cured despite notice, further supporting its dismissal. Ultimately, the Board affirmed the WCJ's order for the applicant to attend the examination.

Panel Qualified Medical ExaminationPetition for ReconsiderationPetition for RemovalWCJfinal ordersubstantive rightsirreparable harmsubstantial prejudiceverificationLabor Code section 5902

References

Case No. ADJ7160976

Regular

Sep 25, 2012

ANTONETTA WILLIAMS vs. CLAIRE'S STORES, INC., TRAVELERS INSURANCE COMPANY

The Workers' Compensation Appeals Board rescinded the prior award and returned the case for further proceedings because the administrative law judge improperly relied on a secondary treating physician's report. The judge failed to establish that the requested attendant care was authorized or constituted substantial medical evidence. The Board emphasized that the primary treating physician must issue opinions on medical issues and the record needs further development to determine entitlement to attendant care.

Attendant carePrimary treating physicianSecondary treating physicianMedical treatment authorizationUtilization reviewSubstantial medical evidenceWorkers' Compensation Appeals BoardFindings and AwardReconsiderationAgreed Medical Examiner

References

Case No. ADJ3604849 (VNO 0545037)

Regular

Aug 17, 2009

TOMAS ARAMBULA vs. TODD RUTKIN, INC., BERKSHIRE HATHAWAY HOMESTATE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed petitions for reconsideration filed by Tami Navon and Ira Reinherz, D.C., finding the challenged orders compelling deposition attendance were interlocutory. The WCAB denied Reinherz's petition for removal, stating he failed to demonstrate prejudice from being compelled to attend his deposition as a lien claimant. However, the WCAB granted Navon's petition for removal, rescinding the order compelling her deposition as she is not a party or lien claimant and required proper subpoena service.

Workers Compensation Appeals BoardRemovalReconsiderationPetitionDepositionCompel AttendanceLien ClaimantAdministrative Law JudgeInterlocutory OrdersSubstantive Right

References

Case No. ADJ951151 (MON 0340495)

Regular

Feb 16, 2010

Debra Faerber vs. CONTINENTAL AIRLINES, AMERICAN HOME ASSURANCE

The Workers' Compensation Appeals Board (WCAB) reconsidered a prior decision that denied California jurisdiction over the applicant's hand injury. The WCAB found that the injury, occurring en route to California, should be considered an injury occurring within California due to the nature of flight attendant employment. This decision allows the case to proceed to the trial level for resolution of all remaining workers' compensation issues. The WCAB's decision aims to protect flight attendants from potential denial of claims by deeming in-flight injuries as occurring outside any jurisdiction.

Workers' Compensation Appeals BoardDebra FaerberContinental AirlinesAmerican Home AssuranceJurisdictionReconsiderationFindings of FactFlight AttendantContract of HireProvisional Employment

References

Case No. ADJ10145265

Regular

Jul 21, 2017

KUSUM NARAYAN vs. ESKATON PROPERTIES, INC.

This case involves a worker's compensation applicant seeking disqualification of the Administrative Law Judge (ALJ). The applicant alleges the ALJ ignored the statute of limitations by allowing the defendant to accept some injuries while denying others after eleven years, and erroneously ordered the applicant to attend a QME exam with another patient's medical records. The ALJ's report details a history of discovery disputes and orders compelling attendance at medical evaluations, noting that no witnesses have been sworn. The Appeals Board adopted the ALJ's report, finding no grounds for disqualification and denying the applicant's petition.

Petition for DisqualificationWorkers' Compensation Appeals BoardWCJPQMESupplemental PleadingRule 10848Nature and Extent of InjuryCompel AttendancePanel QMEStatute of Limitations

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. ADJ11155531

Regular

Apr 01, 2020

PATRICK ALLEN vs. UNITED PARCEL SERVICE, LIBERTY MUTUAL INSURANCE CO.

References

Case No. ADJ4242717 (VNO 0420852) ADJ7278860

Regular

Sep 28, 2016

PHILLIP WILLIAMS vs. DEPARTMENT OF CORRECTIONS & REHABILITATION - CALIFORNIA INSTITUTE FOR WOMEN, STATE COMPENSATION INSURANCE FUND

Petition for RemovalAttorney-Client PrivilegeSubpoenaWCJ OrderFraud or MistakeStipulation and OrderMotion to QuashAttorney as WitnessCompelled AttendancePercipient Witness

References

Case No. ADJ8139408

Regular

Jul 30, 2013

MARGARITA RODRIGUEZ vs. ARAMARK CLEAN ROOM SERVICES, ACE AMERICAN INSURANCE COMPANY

References

Case No. ADJ4441491 (BAK 0130953)

Regular

Feb 08, 2010

JAN WALSH vs. KERN REGIONAL CENTER, STATE COMPENSATION INSURANCE FUND

WCABReconsiderationAttendant CareMedical AppointmentsAgreed Medical EvaluatorReasonably Medically NecessaryLabor Code 4600Petition to ReopenFindings and AwardStipulated Award

References

Case No. ADJ3570526 (VNO 0553441) ADJ3614404 (VNO 0552970)

Regular

May 22, 2014

BIYAZEN JEMBERE vs. AMERIPARK, INC.; NATIONAL LIABILITY & FIRE INSURANCE; OAK RIVER INSURANCE CO., Adjusted by ACCA

References

Case No. ADJ218892 (OXN 0145664)

Regular

May 01, 2012

JACOBO GARCIA ALVARO vs. SAN MARINO PLASTERING, INC., LUMBERMEN'S UNDERWRITING ALLIANCE, Administered by CAMBRIDGE INTEGRATED SERVICES GROUP

Panel Qualified Medical ExaminationPetition for ReconsiderationPetition for RemovalWCJfinal ordersubstantive rightsirreparable harmsubstantial prejudiceverificationLabor Code section 5902

References

Case No. ADJ7160976

Regular

Sep 25, 2012

ANTONETTA WILLIAMS vs. CLAIRE'S STORES, INC., TRAVELERS INSURANCE COMPANY

References

Case No. ADJ3604849 (VNO 0545037)

Regular

Aug 17, 2009

TOMAS ARAMBULA vs. TODD RUTKIN, INC., BERKSHIRE HATHAWAY HOMESTATE COMPANY

Workers Compensation Appeals BoardRemovalReconsiderationPetitionDepositionCompel AttendanceLien ClaimantAdministrative Law JudgeInterlocutory OrdersSubstantive Right

References

Case No. ADJ951151 (MON 0340495)

Regular

Feb 16, 2010

Debra Faerber vs. CONTINENTAL AIRLINES, AMERICAN HOME ASSURANCE

Workers' Compensation Appeals BoardDebra FaerberContinental AirlinesAmerican Home AssuranceJurisdictionReconsiderationFindings of FactFlight AttendantContract of HireProvisional Employment

References

Case No. ADJ10145265

Regular

Jul 21, 2017

KUSUM NARAYAN vs. ESKATON PROPERTIES, INC.

Petition for DisqualificationWorkers' Compensation Appeals BoardWCJPQMESupplemental PleadingRule 10848Nature and Extent of InjuryCompel AttendancePanel QMEStatute of Limitations

References

Showing 1-10 of 244 results

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