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Case Law Database

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

Case No. ADJ9325717
Regular
Jul 01, 2014

JESSICA RAMIREZ vs. SAN BERNARDINO COUNTY SUPERINTENDENT OF SCHOOLS, Permissibly Self-Insured, Member of SCSRM JPA WITH CSAC EIA, Administered By, CORVEL

This order dismisses Jessica Ramirez's Petition for Removal in her workers' compensation case against San Bernardino County Superintendent of Schools. The Workers' Compensation Appeals Board (WCAB) adopted the reasoning of the workers' compensation administrative law judge's report. The WCAB found no grounds to grant the removal and therefore dismissed the petition.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ reportDismissalSan Bernardino County Superintendent of SchoolsSCSRM JPACSAC EIACorvelADJ9325717Ronnie G. Caplane
References
0
Case No. ADJ4251494 (SAL 0115860), ADJ4386202 (SAL 0117920)
Regular
May 15, 2009

LYNDA PONSI vs. GONZALEZ UNIFIED SCHOOL DISTRICT, MONTEREY COUNTY SCHOOLS, JPA

The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration, finding the WCJ's order non-final. Removal was granted to clarify the applicant's claimed injuries, as the medical record required further development beyond Dr. Leonard's report, which was deemed biased and lacking objectivity. The Board vacated the WCJ's order for an AME, permitting parties 30 days to agree on one, or the WCJ may appoint a regular physician.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFindings and OrderWorkers' Compensation Judge (WCJ)Qualified Medical Evaluator (QME)Independent Medical Evaluator (IME)Substantial Medical EvidenceHypertensionHeart Disease
References
4
Case No. ADJ4196316
Regular
Mar 14, 2011

LINDA SMITHEM vs. REDWOOD CITY SCHOOL DISTRICT, PIPS (Protected Insurance Program for Schools) JPA, KEENAN & ASSOCIATES

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration of a Finding and Award. The original award required the defendant to provide a lift for a motorized scooter and a vehicle accommodating it as reasonable medical treatment for the applicant's industrial injury. The defendant argued this was unreasonable medical treatment and that the judge exceeded her authority. The Board adopted the WCJ's report, denying reconsideration, but noted the defendant's ongoing obligation to negotiate in good faith for the required equipment.

Workers' Compensation Appeals BoardRedwood City School DistrictPIPSKeenan \& AssociatesFinding and Awardliftmotorized scootervehiclereasonable medical treatmentLabor Code section 4600
References
0
Case No. ADJ9060626
Regular
Oct 05, 2015

PATRICK SCHOLLER vs. TRINITY ALPS UNIFIED SCHOOL DISTRICT, SHASTA-TRINITY SCHOOLS INSURANCE GROUP, JPA-PSI, administered by SCHOOLS INSURANCE AUTHORITY

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal. The Board rescinded the prior order allowing a new Qualified Medical Examiner (QME) panel due to a delay in a supplemental report. The Board sustained the defendant's objection, finding that disqualifying the original QME was not warranted. Defendant is authorized to request the replacement QME not prepare a report if an examination has already occurred.

Petition for RemovalQualified Medical Examiner panelSupplemental ReportMedical-Legal ExpensesPanel Qualified Medical ExaminerWCJPetition for RemovalMinutes of Hearing and OrderRescindedSustained Objection
References
0
Case No. ADJ8172168; ADJ8075196
Regular
Apr 17, 2013

RONALD PROCK vs. COUNTY OF BUTTE, Permissibly Self-Insured, JOINT POWERS AUTHORITY

This case involves a deputy sheriff, Ronald Prock, who suffered disabling heart symptoms in 2011, years after his retirement in 2001. The Workers' Compensation Appeals Board (WCAB) affirmed the prior findings, establishing the date of injury as December 31, 2002, to December 31, 2003, for cumulative trauma exposure. This determination assigns liability to the County of Butte JPA, as Prock was not employed by them or any other entity on the date his disability manifested and was known to be work-related (July 3, 2011). The WCAB clarifies that Labor Code section 5412's date of injury, which occurred after the last date of exposure, controls liability in this situation.

Workers' Compensation Appeals BoardRonald ProckCounty of ButteJoint Powers AuthorityPermissibly Self-InsuredDeputy SheriffCumulative TraumaDate of InjuryManifestation of DisabilityStatute of Limitations
References
1
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