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

Case No. ADJ7621915
Regular
Jun 12, 2014

MIRIAN OCHOA vs. SODEXHO, INC.

The Workers' Compensation Appeals Board (WCAB) denied Sodexho, Inc.'s Petition for Removal in the case of Mirian Ochoa. The WCAB adopted the administrative law judge's report and found that the petitioner may have materially misrepresented the record. The Board noted that the judge may investigate sanctions for this potential violation of WCAB Rule 10561(b)(5)(A). Consequently, the Petition for Removal was denied.

Petition for RemovalWCAB Rule 10561(b)(5)(A)Materially misrepresentedSanctionsWorkers' Compensation Administrative Law JudgeDeny removalReport of the workers' compensation administrative law judgeADJ7621915SODEXHOINC.
References
0
Case No. SAL 0113718
Regular
Mar 21, 2008

MANUEL DeLANDA vs. SODEXHO, AIGRM

The applicant sought reconsideration of a workers' compensation claim dismissed with prejudice due to repeated failures to appear at hearings and a medical evaluation. The Appeals Board granted reconsideration, amending the dismissal to be without prejudice. This decision acknowledges the applicant's lack of participation but prioritizes the public policy of disposing of cases on their merits.

Workers' Compensation Appeals BoardReconsiderationDismissal with PrejudiceDismissal without PrejudiceApplication for Adjudication of ClaimLaborerLeft Hand InjuryLeft Wrist InjuryLeft Upper Extremity InjurySequela
References
3
Case No. ADJ4058005 (MON0342293)
Regular
May 13, 2013

ROSA LOPEZ vs. SODEXHO, INSURANCE COMPANY OF PENNSYLVANIA

The Workers' Compensation Appeals Board denied the applicant's request for 100% permanent disability, upholding the prior award of 72%. Defendant's petition was granted to amend the award to grant credit for permanent disability advances and correct the temporary disability rate calculation. The Board also amended the award to apply the Labor Code section 4656(c)(1) limitations on temporary total disability payments, which a dissenting commissioner argued was improper due to a lack of evidence regarding payment commencement dates. The parties are to adjust the temporary disability amount or submit disputes for further determination.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings & AwardStipulationIndustrial InjuryPermanent DisabilityTemporary Total DisabilityLabor Code Section 4656(c)(1)Temporary Disability IndemnityCredit for Advances
References
6
Case No. ADJ3637927 (VNO 0498934)
Regular
Aug 27, 2009

TERESA CARBALLO vs. SODEXHO/SIMI VALLEY HOSPITAL, INSURANCE COMPANY OF PENNSYLVANIA

The Workers' Compensation Appeals Board denied reconsideration, upholding its prior decision to rescind orders that disallowed two lien claims for medical treatment. The Board found that the lien claimants' petitions for reconsideration were timely filed within the extended 25-day period allowed for mail service. Therefore, the prior decision to return the matter for further proceedings on the merits of the lien claims stands.

Workers' Compensation Appeals BoardReconsiderationLien ClaimsDue ProcessTimelinessService by MailLabor CodeCode of Civil ProcedureAppeals Board RuleMedical Treatment
References
0
Case No. ADJ3637927
Regular
Jun 19, 2009

TERESA CARBALLO vs. SODEXHO/SIMI VALLEY HOSPITAL, INSURANCE COMPANY OF PENNSYLVANIA

This Workers' Compensation Appeals Board decision rescinded prior orders disallowing two lien claims due to due process violations. The lien claimants were denied a fair hearing and the opportunity to present evidence on the merits of their claims. The Board remanded the case to the trial level for a proper trial on the disputed lien claims. The decision also noted violations by the defendant's counsel regarding filings and verification.

Workers' Compensation Appeals BoardReconsiderationLien ClaimsDiscovery OrderDue ProcessTermination SanctionMedical TreatmentIndustrial InjuryCompromise and ReleaseShow Cause Order
References
3
Case No. ADJ7040828
Regular
Aug 14, 2018

ADRIANA SOLERA vs. SODEXHO, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, GALLAGHER BASSETT SERVICES

The Workers' Compensation Appeals Board affirmed an award of 100% permanent disability for Adriana Solera, finding her vocational expert's opinion substantial evidence of her inability to return to gainful employment due to the extensive effects of her industrial injury. The Board also granted reconsideration to amend a finding regarding self-procured medical treatment, acknowledging the applicant withdrew that issue and noting a lack of evidence to support the original finding. The Board adopted the Workers' Compensation Judge's reasoning for the permanent disability award, emphasizing credible medical and applicant testimony.

Permanent total disabilityVocational expertSelf-procured medical treatmentReconsiderationFindings of Fact and AwardWCJDEU ratingGainful employmentVocational rehabilitationBurns
References
2
Case No. ADJ3074171 (MON 0359277)
Regular
May 01, 2014

RAMIRO PORRAS vs. SODEXHO, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA by GALLAGHER BASSETT SERVICES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration for a lien claimant seeking additional payment for translation services and attorney fees. The WCAB affirmed the original decision, finding the lien claimant was already adequately compensated and not entitled to further payment or attorney fees due to inflated billings and "unclean hands." Reconsideration was granted solely to correct a typographical error in the date referenced in a finding of fact.

Lien claimantTranslation servicesMediated settlementAccord and satisfactionAttorney feesLabor Code section 5813Unclean handsPetition for reconsiderationFindings and AwardTypographical error
References
0
Case No. ADJ3670956
Regular
Mar 13, 2023

JULIE WYATT vs. SODEXHO, THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, GALLAGHER BASSETT SERVICES, INC

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the original award. The applicant, Julie Wyatt, was injured in 2002 and awarded future medical treatment. The defendant's denial of the medication Zanaflex was found to be untimely, rendering it invalid and subject to review by the Board. The Board found the medication medically necessary based on physician reports, despite an Independent Medical Review (IMR) denial.

ADJ3670956SODEXHOGALLAGHER BASSETTPetition for ReconsiderationDENYINGWCJ reportJULIE WYATTApril 192002Back
References
1
Case No. ADJ6697087
Regular
Jul 26, 2010

MARIA GARCIA vs. SODEXHO INC.; INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, Administered By GALLAGHER BASSETT SERVICES, INC.

This case involves an industrial injury to applicant Maria Garcia's left knee and lumbar spine. The primary dispute concerns whether applicant was properly notified of the employer's Medical Provider Network (MPN), which affects her right to self-procure medical treatment. The Workers' Compensation Appeals Board granted reconsideration to further develop the record regarding the employer's compliance with MPN notice requirements, particularly at the time of injury. The Board rescinded the prior award and remanded the case for further proceedings and a new decision on these notice issues and their impact on self-procured treatment liability.

Workers' Compensation Appeals BoardMedical Provider NetworkMPN noticesself-procured medical treatmentindustrial injuryleft kneelumbar spinehousekeeperfindings and awardreconsideration
References
1
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