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

Case No. ADJ3533713
Regular
Nov 07, 2011

JUANA LOPEZ vs. THE MERCHANT OF TENNIS, HARTFORD INSURANCE

The Workers' Compensation Appeals Board (WCAB) removed this matter for the purpose of imposing sanctions. The WCAB found that the petition for reconsideration filed by SIR Practice Solutions, LLC on behalf of several lien claimants was skeletal, unintelligible, and violated multiple WCAB rules regarding evidentiary and legal support. The lien claimants and SIR Practice Solutions, LLC failed to object to the Notice of Intention to Impose Sanctions within the allotted time. Therefore, the WCAB imposed sanctions of $250.00 against each individual lien claimant and found SIR Practice Solutions, LLC jointly and severally liable for these sanctions.

Workers' Compensation Appeals BoardRemovalSanctionsLien ClaimantsSIR Practice SolutionsPetition for ReconsiderationSkeletal PetitionAppeals Board Rule 10846Labor Code Section 5813Notice of Intention to Impose Sanctions
References
Case No. ADJ6775950
Regular
Jun 22, 2017

MARTIN MENDOZA vs. W&M TEXTILE, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted a petition for reconsideration filed by lien claimant Physician Funding Solutions, LLC. The Board rescinded the prior order dismissing the lien of Physician Funding Rancho Cucamonga and Rx Funding Solutions Rancho Cucamonga. The WCJ's report, which was adopted by the Board, provided the reasoning for this decision. This order reinstates the dismissed liens.

Physician Funding SolutionsLLCRx Funding SolutionsLLCPetition for ReconsiderationOrder Dismissing LienWorkers' Compensation Appeals BoardWCJ ReportGrant ReconsiderationRescind Order
References
Case No. MISC. 251
Significant
Jul 08, 2008

Ramon B. Pellicer vs.

The Appeals Board denied Ramon B. Pellicer's petition to appear as a non-attorney representative, based on his disciplinary history with the State Bar and legal precedent preventing disbarred or suspended attorneys from practicing before the WCAB.

WCABPetition to PracticeHearing RepresentativeNon-AttorneyInvoluntary Inactive EnrollmentState Bar CourtDisciplinary ChargesRules of Professional ConductBusiness and Professions CodeMoral Turpitude
References
Case No. MISC. 251
En Banc
Jul 08, 2008

Ramon B. Pellicer vs. State Bar of California

The Appeals Board denied Ramon B. Pellicer's petition to appear as a non-attorney hearing representative due to his prior disciplinary record with the State Bar, affirming that disbarred attorneys are precluded from practicing law in any capacity before the WCAB.

WCABPetition to PracticeHearing RepresentativeInvoluntary Inactive EnrollmentState Bar ActRules of Professional ConductDefaultDisciplinary ChargesPractice of LawDefrocked Attorney
References
Case No. VNO 0272543, VNO 0246317
Regular
May 12, 2008

JOSE ACEVES vs. FERNANDO AUTO SALES, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted the State Compensation Insurance Fund's petition for removal, overturning an interim decision that disallowed direct testimony from defendant's medical witnesses. The Board ruled that the restrictions on direct medical witness testimony in Rules 10606 and 10727 do not apply when physicians are testifying as percipient witnesses to issues like billing practices or illegal supervision of aides, rather than about the treatment of specific injured workers. Therefore, the testimony of these physicians is now allowed at trial.

Removal petitionInterim Findings and Awarddirect examinationmedical witnessespercipient witnessesadministrative proceduresbilling practicesscope of practiceLabor Code section 5708WCAB Rules 10606
References
Case No. ADJ10954204
Regular
Sep 15, 2022

MARIA FLORES vs. PINNACLE HEALTH CORP., SUMMARY OF EVIDENCE INSURANCE COMPANY OF THE WEST, AFFINITY HOME HEALTH CARE SERVICES, FALLS LAKE FIRE & CASUALTY INSURANCE, SEDGWICK CMS, HOME HEALTH CARE SOLUTIONS, INC.

The Workers' Compensation Appeals Board denied a petition for reconsideration filed by Home Health Care Solutions. The applicant, an LVN, was injured in a car accident while traveling between patients for multiple agencies. The Board adopted the WCJ's report, which found the injury arose out of and occurred in the course of employment for Home Health Care Solutions. This decision was based on the fact that the applicant was required to use her own vehicle, which extended the employer-employee relationship beyond direct service. The WCJ also found the going and coming rule did not bar the claim due to the required use of transportation between patient locations.

Workers' Compensation Appeals BoardPetition for ReconsiderationGoing and Coming RuleAOE/COELVNCar AccidentAutomobile ExceptionTransitEmployment RelationshipRequired Vehicle Use
References
Case No. ADJ4005250 (LAO 0885426) ADJ1477978 (LAO 0885427)
Regular
May 05, 2014

TRINIDAD HERNANDEZ vs. PRODUCTS SOLUTIONS, REDWOOD FIRE AND CASUALTY INSURANCE

This Workers' Compensation Appeals Board case, ADJ4005250, involved applicant Trinidad Hernandez and defendants Products Solutions and Redwood Fire and Casualty Insurance. The Board issued an order dismissing the Petition for Reconsideration. This dismissal occurred because the petitioner voluntarily withdrew their petition. Therefore, the Board officially closed the reconsideration process for this matter.

Petition for ReconsiderationDismissedWithdrawnWorkers' Compensation Appeals BoardApplicantDefendantsCase NumberLAO District OfficeOrder DismissingTrinidad Hernandez
References
Case No. ADJ11756653
Regular
Apr 08, 2020

EUGENIO ABAC vs. CITISTAFF SOLUTIONS, INC.; OLD REPUBLIC c/o GALLAGHER BASSETT

This case, concerning Eugenio Abac and his employer Citistaff Solutions, Inc., has been decided by the Workers' Compensation Appeals Board (WCAB) after reconsideration. The WCAB affirmed the February 11, 2020 Findings of Fact, adopting and incorporating the reasoning of the workers' compensation administrative law judge. This means the original decision regarding Mr. Abac's workers' compensation claim remains in effect.

Workers' Compensation Appeals BoardReconsiderationOpinion and DecisionFindings of FactAdministrative Law JudgeWCJCitistaff SolutionsOld RepublicGallagher BassettADJ11756653
References
Case No. ADJ2857080 (LBO 0314435)
Regular
Apr 08, 2014

Susan North vs. Staff Pay Agency, Sedgwick, California Insurance Guarantee Association

This case involves a lien claimant, Rehab Solutions, whose claim for $5,046.50 was disallowed due to failure to prove the reasonableness of charges. The Workers' Compensation Appeals Board (WCAB) granted reconsideration but ultimately affirmed the decision that Rehab Solutions would take nothing on its lien claim. The WCAB agreed with the finding that Rehab Solutions and its representative engaged in frivolous conduct by insisting on trial without probative evidence. Sanctions were considered, with Rehab Solutions and its representative potentially liable for $2,500, but the findings regarding sanctions were ordered to be placed within the Notice of Intention to Impose Sanctions rather than the main Findings of Fact.

Lien claimantRehab SolutionsPetition for ReconsiderationFindings and OrdersEvidentiary RulingNotice of Intention to Impose Sanctionsindustrial injurylow backlower extremityleft side of body
References
Case No. ADJ8238066, ADJ10006514
Regular
Oct 03, 2016

JUAN REYES vs. NEW SOLUTIONS, LLC, FIRSTCOMP, A DIVISION OF MARKET SERVICE, INCORPORATED, d/b/a MARKEL INSURANCE SERVICES

The Workers' Compensation Appeals Board (WCAB) has dismissed a Petition for Removal filed by New Solutions, LLC and its insurer, FirstComp. The petitioner voluntarily withdrew the petition. Therefore, the WCAB has formally ordered the dismissal of the removal request.

Petition for RemovalWithdrawn PetitionWorkers' Compensation Appeals BoardDismissalADJ8238066ADJ10006514New Solutions LLCFirstcompMarkel Insurance ServicesLong Beach District Office
References
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