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

Case No. ADJ9165288
Regular
Dec 02, 2014

WILBERT SPRY vs. SAFEWAY/SAFEWAY, INC.

The Workers' Compensation Appeals Board denied Safeway's petition for removal, which sought to quash a second subpoena for medical records. The Board found that Safeway failed to demonstrate irreparable harm or substantial prejudice, and that reconsideration would be an adequate remedy. The Board also noted that workers' compensation proceedings are governed by the Labor Code, not the Code of Civil Procedure.

Workers' Compensation Appeals BoardPetition for RemovalMotion to QuashSubpoena Duces TecumDuplicative RecordsOn Time RecordsWatson Wellness CenterWCJCal. Code Civ. Proc.2020.220
References
6
Case No. ADJ9540058
Regular
Oct 18, 2019

SAMANTHA BUTLER vs. SAFEWAY, ALBERTSONS HOLDINGS

The Workers' Compensation Appeals Board denied Safeway's Petition for Removal, finding it an extraordinary remedy not warranted in this case. The Board determined that Safeway failed to demonstrate substantial prejudice or irreparable harm if removal was denied. Furthermore, the Board concluded that reconsideration would be an adequate remedy if a final decision adverse to Safeway ultimately issues. The WCJ's report also noted Safeway's procedural violation by attaching previously filed deposition transcripts.

Petition for RemovalWorkers' Compensation Appeals BoardSubstantial prejudiceIrreparable harmReconsideration adequate remedyOrder closing discoveryDeclaration of Readiness to ProceedQualified Medical ExaminationPermanent disabilitySpine surgery consultation
References
8
Case No. ADJ3590276 (SJO 0195595)
Regular
Mar 05, 2009

LISA TORRES vs. SAFEWAY, INC.

The Workers' Compensation Appeals Board affirmed a prior award finding Safeway, Inc. liable for $\$ 856.80$ in unpaid medical treatment by lien claimant José Reynoso, D.C. Safeway argued the lien was untimely filed, asserting Labor Code section 4904 only applies to EDD liens. The Board adopted the judge's reasoning that section 4904 is not limited to EDD liens and that sections 4903.5 and 4904 are not inconsistent. Consequently, Safeway's petition for reconsideration was denied, and the original award was upheld.

Workers' Compensation Appeals BoardSafewayInc.Retail ClerkIndustrial InjuryLien ClaimantLabor Code Section 4903.5Labor Code Section 4904Findings Award and OrderPenalty and Interest
References
0
Case No. ADJ3207867
Regular
Apr 21, 2011

JACKIE PLASKETT vs. SAFEWAY INC.

The Workers' Compensation Appeals Board denied Safeway Inc.'s petition for reconsideration of an award for applicant Jackie Plaskett. Safeway argued a Utilization Review (UR) doctor's opinion should have overridden the Agreed Medical Examiner (AME) and primary treating physician's recommendations for aquatherapy. The Board found the UR doctor misapplied treatment guidelines and was internally inconsistent, while the AME's opinion, corroborated by the treating physician, constituted substantial evidence for the necessary treatment. The Board also noted an improperly filed reply brief.

Workers' Compensation Appeals BoardSafeway Inc.Petition for ReconsiderationReport of Workers' Compensation Administrative Law JudgeWCAB Rule 10848Utilization ReviewAgreed Medical ExaminerPrimary Treating PhysicianMedical Treatment Utilization ScheduleMTUS
References
0
Case No. GRADE
Regular
Dec 09, 2009

KIM VUKCEVICH vs. SAFEWAY, INC., WHOLE FOODS MARKETS, ACE INSURANCE

The Appeals Board reverses the WCJ’s decision that Whole Foods must reimburse Safeway for benefits paid to the applicant. The Board finds that Safeway failed to prove a second cumulative trauma injury by substantial medical evidence.

Cumulative traumaIndustrial injuryLeft shoulderSafewayWhole FoodsACE InsuranceReimbursementMedical evidenceBurden of proofQualified Medical Examiner
References
2
Case No. ADJ2445523 (SAL 0073199)
Regular
Jun 26, 2014

JUANITA NUNO vs. SAFEWAY, INC., Permissibly Self-Insured

The Workers' Compensation Appeals Board dismissed Safeway's petition for reconsideration and removal concerning a finding about a potential surgical consult. The Board found the judge's finding was not a final order subject to reconsideration as it was prospective and contingent. Similarly, it was not an order or decision subject to removal because it did not definitively order any action or decide any rights. Safeway's argument that applicant's trust in a specific doctor was irrelevant was not addressed as the petition was dismissed on procedural grounds.

Petition for ReconsiderationPetition for RemovalWorkers' Compensation Appeals BoardAmended Findings and OrderMedical Provider Network (MPN)Labor Code Section 4616Primary Treating PhysicianSurgical ConsultExpedited HearingDeclaration of Readiness to Proceed
References
5
Case No. 2018 NY Slip Op 02409
Regular Panel Decision
Apr 05, 2018

76th & Broadway Owner LLC v. Consolidated Edison Co. of N.Y. Inc.

The Appellate Division, First Department, reversed a Supreme Court order denying summary judgment to Consolidated Edison Company of New York Inc. and Safeway Construction Enterprises, Inc. The case originated from a personal injury action where an employee was injured at a construction site. The Appellate Division found that the plaintiffs failed to raise a triable issue of fact because their accident report, relied upon as evidence, constituted inadmissible hearsay and speculation, failing to meet the business records exception. Consequently, Con Ed and Safeway were entitled to summary judgment, and the complaint and cross claims against them were dismissed.

Summary JudgmentHearsayBusiness Records ExceptionSpeculationPersonal InjuryConstruction Site AccidentAppellate ReviewBurden of ProofEvidenceNegligence
References
4
Case No. SJO 0195595
Regular
Mar 24, 2008

LISA TORRES vs. SAFEWAY, INC.

The Workers' Compensation Appeals Board has granted Safeway, Inc.'s petition for reconsideration in the case of Lisa Torres. This decision allows the Board to further study the factual and legal issues of the case to ensure a just and reasoned decision. All future communications regarding this matter should be directed to the Reconsideration Unit.

Petition for ReconsiderationWorkers' Compensation Appeals BoardSafeway Inc.Permissibly Self-InsuredSelf-AdministeredOpinion and Order GrantingStatutory time constraintsFactual and legal issuesReconsideration UnitDecision After Reconsideration
References
0
Case No. ADJ6978404
Regular
Jun 08, 2010

DIANA BURKE vs. SAFEWAY, INC.

This case involves a petition for reconsideration filed by applicant Diana Burke against Safeway, Inc., which was denied by the Workers' Compensation Appeals Board (WCAB). The WCAB adopted the report of the workers' compensation administrative law judge, finding no grounds for reconsideration. Therefore, the WCAB formally ordered the denial of the petition.

Workers' Compensation Appeals BoardSafeway Inc.Permissibly Self-InsuredDenying ReconsiderationPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeWCJ ReportRecord ReviewIncorporated ReportOrder Denying Reconsideration
References
0
Case No. 531185
Regular Panel Decision
Jan 07, 2021

Matter of Lewandowski v. Safeway Envtl. Corp.

Zdzislaw Lewandowski, a former World Trade Center cleanup worker, appealed a Workers' Compensation Board decision that disallowed his claim for chronic obstructive pulmonary disease (COPD). Lewandowski sought benefits for various ailments, including depression, breathing problems, gastroesophageal reflux disease (GERD), and rhinitis. The Board had established his claims for GERD and posttraumatic stress disorder (PTSD) but maintained the disallowance for COPD due to insufficient evidence of a causal relationship. The Appellate Division, Third Department, affirmed the Board's decision regarding the disallowance of the COPD claim, finding it supported by substantial evidence. However, the court reversed the Board's denial to revisit Lewandowski's date of disablement and average weekly wage, remitting the matter for consideration of the date most beneficial to the claimant under Workers' Compensation Law § 164, and for further proceedings consistent with its decision.

World Trade Center cleanupChronic Obstructive Pulmonary DiseaseGERDPTSDAgoraphobiaPanic DisorderCausationMedical EvidenceDate of DisablementAverage Weekly Wage
References
19
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