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

Case No. ADJ6862672
Regular
Mar 18, 2011

CARL SHERER vs. SAFEWAY STORES, INC.

The Workers' Compensation Appeals Board granted reconsideration to address a lien claimant's petition regarding an Order Approving Compromise and Release. The lien claimant argued the settlement did not account for their $\$ 2900$ lien, though the WCJ only allowed $\$ 595.04$. Crucially, the Board could not determine if the lien claimant's petition was timely filed due to missing service information. Therefore, the matter is returned to the trial level for evidence on timeliness and a new decision.

Workers' Compensation Appeals BoardSafeway StoresLien ClaimantPetition for ReconsiderationOrder Approving Compromise and ReleaseIndustrial InjuryTimelinessWCJRescindedTrial Level
References
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
Case No. ADJ1332416 (WCK 0031685), ADJ3521523 (WCK 0322592), ADJ4017994 (WCK 0029276)
Regular
May 16, 2014

PAMELA ZEILSTRA vs. TARGET STORES, SEDGWICK CMS

This case involves a Petition for Reconsideration filed by Pamela Zeilstra against Target Stores and Sedgwick CMS. The Workers' Compensation Appeals Board dismissed the petition because it was untimely and not filed from a final order, as required by Labor Code section 5900. The Board clarified that interlocutory procedural orders, which do not determine substantive rights, are not subject to reconsideration. Therefore, the petition was dismissed.

Petition for ReconsiderationUntimely PetitionFinal OrderInterlocutory OrderSubstantive RightLiability DeterminationWCABWorkers' Compensation Appeals BoardAdministrative Law JudgeReport and Recommendation
References
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
Case No. OAK 263916
Regular
Jun 04, 2008

JEFFREY HONEYWELL vs. SAFEWAY STORES

The Workers' Compensation Appeals Board denied lien claimant Bay Surgery Center's petition for reconsideration, upholding the administrative law judge's decision to award partial payment for medical services. The Board also dismissed Safeway Stores' petition for reconsideration as untimely filed. Additionally, the Board admonished the lien claimant's representative for unprofessional comments made about the judge.

Bay Surgery Centerdiscographypump proceduresitemized billsLabor Code section 4603.2substantial evidencereasonableness of chargespenalty assessmentpenalty for unreasonable delayfictitious name permit
References
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
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
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
Case No. ADJ6884377
Regular
Jul 01, 2011

JULIE PATTERSON vs. SAFEWAY INC.

Here's a summary for a lawyer in four sentences: The Workers' Compensation Appeals Board denied reconsideration for lien claimant Cole Chiropractic's petition regarding applicant Julie Patterson's claim against Safeway Inc. The Board adopted the Administrative Law Judge's (ALJ) report, which found that the lien claimant waived issues concerning service of medical reports by failing to raise them before reconsideration. The ALJ also determined that the applicant failed to establish a compensable cumulative injury, and the lien claimant sought reimbursement for treatment for a non-compensable condition outside the statutory liability window. Ultimately, the Board found the Agreed Medical Examiner's opinion more persuasive and denied the lien claimant's request for payment.

WCABSafeway Inc.Julie PattersonADJ6884377Order Denying ReconsiderationPetition for ReconsiderationWCJWCAB Rule 10608(c)waivedRemoval
References
Case No. ADJ976410 (SDO 0364068)
Regular
Sep 17, 2012

DIANNA BALDWIN vs. ROSS STORES, INC.

This case before the Workers' Compensation Appeals Board involves Dianna Baldwin (Applicant) and Ross Stores, Inc. (Defendant). The Board has issued an order dismissing the Applicant's Petition for Reconsideration. This dismissal is based on the Board's review of the record and incorporates the reasons provided in the administrative law judge's Report and Recommendation.

Petition for ReconsiderationReport and RecommendationWorkers' Compensation Administrative Law JudgeDismissedWorkers' Compensation Appeals BoardRoss StoresInc.Dianna BaldwinCase No. ADJ976410SDO 0364068
References
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