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Case Law Database

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

Case No. SDO 0275596 SDO 0275597 SDO 0278804 SDO 0278006
Regular
Nov 06, 2007

ANDREA BROUSSARD vs. HOUSEHOLD AUTOMOTIVE FINANCE, ZURICH AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board denied a Petition for Removal, adopting the findings of the Administrative Law Judge. The petition was found to be untimely and lacked merit, as the petitioner failed to demonstrate significant prejudice or irreparable harm, and other remedies such as ordering a trial transcript were available. The Board also noted the petition was considered timely filed for the purpose of their denial.

Petition for RemovalWorkers' Compensation Appeals BoardInjury AOE/COEPanel QMESummary of EvidenceAugmentation of RecordUntimely PetitionSignificant PrejudiceIrreparable HarmReconsideration
References
0
Case No. SDO 267260 SDO 267660 SDO 267662 SDO 267663
Regular
Aug 21, 2007

MARIA L. BAUTISTA vs. MARRIOTT INTERNATIONAL, INC.

The Workers' Compensation Appeals Board dismissed a lien claimant's petition for removal because it was untimely and moot. The petition sought to rescind an order taking cases off calendar and remove the judge, but it was filed after the statutory deadlines for both removal and disqualification. Additionally, the parties had already reached a settlement on the lien claimant's claim.

Lien ClaimantPetition for RemovalDismissalUntimelyDisqualificationSettlementWCJWCABOff CalendarRescind
References
2
Case No. ADJ513626 (SDO 0296833)
Regular
May 26, 2017

ROBERT GRAVLIN vs. CITY OF VISTA

The Workers' Compensation Appeals Board (WCAB) is granting reconsideration on its own motion in the case of Robert Gravlin v. City of Vista. This action is taken to allow for further study of the legal and factual issues after a prior Opinion and Order were issued. All future correspondence related to this reconsideration must be filed directly with the WCAB Commissioners' office in San Francisco, not with any district office. Parties are reminded that a Workers' Compensation Judge cannot approve a settlement while a case is pending before the Appeals Board on reconsideration.

Workers' Compensation Appeals BoardBoard Motion ReconsiderationCity of VistaPermissibly Self-InsuredADJ513626SDO 0296833San Diego District OfficeOrder Granting ReconsiderationOpinion and OrderPetition for Reconsideration
References
0
Case No. ADJ4609608 (SDO 0128566) ADJ359238 (SDO 0177353) ADJ2367088 (SDO 0203407) ADJ501165 (SDO 0230909) ADJ4697798 (SDO 0230913) ADJ4262068 (SDO 0230915) ADJ8302988
Regular
Oct 23, 2018

Matthew Lawrie vs. Lawrie and Company, Inc., Lawrie Racing, State Compensation Insurance Fund

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration. The petition was dismissed because it did not seek reconsideration of a final order or award, which is a prerequisite for such a petition. Furthermore, the petition was found to be "skeletal," lacking specific details, evidence, or legal citations required by statute and regulation. As a result, the Board found the petition procedurally defective.

Workers' Compensation Appeals BoardPetition for ReconsiderationFinal OrderWCJ ReportDismissalSubstantive RightThreshold IssueInterlocutory DecisionProcedural DecisionEvidentiary Decision
References
4
Case No. ADJ488924 (SDO 0329999), ADJ226519 (SDO 0302236), ADJ2353553 (SDO 0250184), ADJ4021935 (SDO 0269434)
Regular
Dec 10, 2020

Craig Stevens vs. Subsequent Injuries Benefits Trust Fund

The Workers' Compensation Appeals Board (WCAB) rescinded a previous order denying benefits from the Subsequent Injuries Benefits Trust Fund (SIBTF). Applicant Craig Stevens sought SIBTF benefits for a claimed subsequent cumulative trauma injury to his neck ending April 2, 2009, with a compensable consequence injury to his right shoulder and low back. The WCAB found the medical evidence regarding the causation, date of injury, and permanent disability ratings for the alleged subsequent injuries, as well as prior injuries, to be insufficient and inconsistent. The case was returned to the trial level for further development of the record, including obtaining new medical opinions to clarify the various injuries and establish SIBTF eligibility thresholds.

Subsequent Injuries Benefits Trust FundSIBTF eligibilitycumulative trauma injurycompensable consequence injurypermanent disabilityapportionmentmedical evidencecausationfurther development of the recordLabor Code section 4751
References
9
Case No. ADJ487631 (SDO 0364797) ADJ4115516 (SDO 0364799) ADJ1905154 (SDO 0364884) ADJ2454297 (SDO 0271850)
Regular
Nov 07, 2011

MARIELA LEWIS vs. REMEDY TEMP INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, INTERCARE INSURANCE SERVICES, RELIANCE INSURANCE COMPANY, COMPLEX TOOLING & MOLDING, SOUTHERN CALIFORNIA PERMANENTE MEDICAL GROUP, MANPOWER, FIREMAN'S FUND INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) rescinded the arbitrator's decision finding a single cumulative trauma injury due to insufficient medical evidence. Co-defendants Kaiser and Fireman's Fund argued the arbitrator improperly merged multiple claims and lacked authority to establish a single cumulative trauma period. The WCAB agreed that Dr. Mack's opinion, on which the arbitrator relied, was speculative regarding causation and apportionment across multiple employers. The matter is returned to the arbitrator for further proceedings to clarify medical evidence and the date of injury.

Cumulative TraumaSpecific InjuryApportionmentJurisdictionReconsiderationLiquidationContributionInsurance Guarantee AssociationPrimary Treating PhysicianSupplemental Report
References
1
Case No. ADJ588686 (SDO 0309857) ADJ2275487 (SDO 0311854) ADJ1079800 (SDO 0309856)
Regular
Mar 12, 2014

GRAZYNA KOZAK vs. QUIDEL CORPORATION, CNA INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the petition for reconsideration, affirming the WCJ's decision. The Board found the defense exhibits, including surveillance videos and vocational expert reports, were properly admitted. They also upheld the use of the AMA schedule for permanent disability, finding the applicant's earlier reports did not qualify for the prior rating schedule. Finally, the Board gave great weight to the WCJ's credibility findings regarding the applicant and found the opinions of some expert witnesses to be unsubstantial.

Petition for ReconsiderationWorkers' Compensation Appeals BoardWCJ credibility findingvocational expert reportssubrosa filmscustodian of recordspermanent disability rating schedulePDRSpermanent and stationary statussubstantial evidence
References
1
Case No. ADJ599226 (SDO 0230732) ADJ1694291 (SDO 0261435) ADJ3923024 (SDO 0261437)
Regular
Jun 15, 2009

JUANITA SCOTT vs. KAISER FOUNDATION HOSPITALS, Permissibly Self-Insured

The Appeals Board affirmed the prior award of childcare as a necessary medical treatment for applicant Juanita Scott. The Board found substantial evidence supporting the need for childcare due to applicant's incapacitation from industrial injuries. Defendant's arguments regarding agreement to submit the issue to the AME, ripeness for adjudication, and double recovery were rejected. While acknowledging the fluidity of childcare needs, the Board left implementation details to the parties or the WCJ, emphasizing jurisdiction remains.

Agreed Medical EvaluatorAMEchildcare reimbursementcumulative traumadaycareindustrial injurymedical treatmentnurse care managerpermanent disabilitypsyche
References
7
Case No. ADJ599226 (SDO 0230732) ADJ1694291 (SDO 0261435) ADJ3923024 (SDO 0261437)
Regular
May 07, 2013

JUANITA SCOTT vs. KAISER FOUNDATION HOSPITALS

This case involves Kaiser's request for removal to include the issue of "cessation of payment of child care and home care" at trial, arguing prejudice from a prior ruling and potential fraud by service providers. The Appeals Board granted removal, amending the WCJ's ruling to ensure the May 9, 2013 hearing focuses solely on temporary disability. Remaining issues, including Kaiser's concerns about child and home care payments and alleged fraud, will proceed to a Mandatory Settlement Conference on that date, with a future trial to be scheduled. The Board aims for judicial economy and due process by consolidating these issues.

Workers' Compensation Appeals BoardPetition for RemovalCessation of paymentChild careHome careSubpoenaed witnessesIrreparable harmJudicial economyMandatory Settlement ConferencePretrial Conference Statement
References
0
Case No. ADJ2041648 (SDO 0319858) ADJ2762432 (SDO 0319859) ADJ772603 (SDO 0319860)
Regular

STACIE L. NELDAUGHTER vs. COUNTY OF SAN DIEGO

The Workers' Compensation Appeals Board denied the County of San Diego's petition for removal. The County sought to rescind a six-month continuance granted for the applicant, alleging prejudice and discovery abuses, but failed to demonstrate significant harm. The Board found the County's arguments insufficient to justify removal and returned the cases to the trial level. The PWCJ is to schedule a status conference after January 26, 2010, to determine if further continuance is warranted based on a "clear showing of good cause."

Petition for RemovalOrder Granting ContinuancePrejudiceIrreparable HarmADA AccommodationDisability CoordinatorContinued HearingStatus ConferenceMandatory Settlement ConferenceDiscovery Abuses
References
0
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