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

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ6542976
Regular
Dec 03, 2012

AURORA MORENO vs. ARROWHEAD REGIONAL MEDICAL CENTER

This case involves Aurora Moreno (Applicant) versus Arrowhead Regional Medical Center (Defendant). The defendant sought reconsideration of a prior decision, and the Workers' Compensation Appeals Board (WCAB) has granted this petition. The WCAB requires reconsideration to thoroughly study the factual and legal issues for a just and reasoned decision. All future filings must be submitted in writing to the WCAB Commissioners' office in San Francisco.

WORKERS' COMPENSATION APPEALS BOARDRECONSIDERATIONPETITION FOR RECONSIDERATIONARROWHEAD REGIONAL MEDICAL CENTERCOUNTY OF SAN BERNARDINDO DEPARTMENT OF RISK MANAGEMENTADJ6542976LOS ANGELES DISTRICT OFFICESTATUTORY TIME CONSTRAINTSFACTUAL AND LEGAL ISSUESJUST AND REASONED DECISION
References
Case No. ADJ2103088 (OAK 0267250), ADJ9764355, ADJ9764356, ADJ9764357
Regular
Mar 04, 2016

Donna Funcheon vs. San Leandro Hospital, TRANSPORTATION INSURANCE COMPANY, ZURICH INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration to address liability apportionment and penalty awards in a case involving San Leandro Hospital and its insurers, Transportation Insurance Company (TIC) and Zurich Insurance Company (Zurich). The Board affirmed TIC's 80% liability for benefits while transferring sole administration responsibility to Zurich, reversing the prior finding that TIC should administer. The Board denied the applicant's request for increased penalties for delayed permanent disability, finding the WCJ's initial award was already in error. Finally, the Board corrected a procedural issue by ordering all penalties, including those for delayed attorney fees, to be paid directly to the applicant, not the attorney.

Workers' Compensation Appeals BoardTransportation Insurance CompanyZurich Insurance CompanyLabor Code section 5814Labor Code section 4650Labor Code section 5814.5Permanent Disability IndemnityAttorney FeesReconsiderationPetition for Reconsideration
References
Case No. ADJ295703 (ANA 0301797) ADJ4701843 (ANA 0301798)
Regular
Jun 04, 2013

MARLENE RASK vs. FOUNTAIN VALLEY REGIONAL HOSPITAL, PACIFICA HOSPITAL, TRAVELERS PROPERTY CASUALTY COMPANY

This Workers' Compensation Appeals Board case involves Marlene Rask's claim for cumulative trauma from Hepatitis C, sustained while employed as a registered nurse. The original award found 10.5% permanent disability, but both the applicant and defendant Travelers contested this. The Board rescinded the prior award because the administrative law judge did not adequately clarify the date of injury for the cumulative trauma claim. The matter is returned to the trial level for further proceedings to determine this crucial date.

Workers' Compensation Appeals BoardMarlene RaskFountain Valley Regional HospitalPacifica HospitalTravelers Property Casualty CompanyADJ295703ADJ4701843Long Beach District OfficeOpinion and Decision After ReconsiderationJoint Findings and Award and Order
References
Case No. ADJ1153404 (BAK 0112784)
Regular
May 28, 2009

Barbara Clark vs. SAN JOAQUIN COMMUNITY HOSPITAL, ADVENTIST HEALTH SYSTEM

This case involves an applicant, Barbara Clark, whose petition for writ of review was denied by the Court of Appeal. The Court found her petition frivolous and intended to harass the defendant, San Joaquin Community Hospital (represented by Adventist Health System). Consequently, the Court remanded the matter to the Workers' Compensation Appeals Board (WCAB) to award attorney fees and costs against Clark. The WCAB, finding the requested fees and costs reasonable, awarded Adventist Health and its attorney $5,266.47 against Barbara Clark.

Workers' Compensation Appeals BoardRemittiturPetition for Writ of ReviewFrivolous PetitionSanctionsAttorney FeesCostsUnreasonable DelayMeritless PetitionLabor Code Section 5801
References
Case No. ADJ1153404
Regular
Jan 03, 2014

BARBARA DIEFENBACH, (BARBARA CLARK) vs. SAN JOAQUIN COMMUNITY HOSPITAL, Permissibly Self-Insured, Administered By ADVENTIST HEALTH SYSTEM

This case involves a petition for reconsideration filed by Barbara Diefenbach (Applicant) against San Joaquin Community Hospital. The Workers' Compensation Appeals Board (WCAB) denied the petition on its merits, adopting the reasoning of the administrative law judge. Furthermore, the petition was subject to dismissal for failure to serve all adverse parties. The Board also admonished the petitioner for procedural violations, including attaching an unauthorized medical report and filing a supplemental petition improperly.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationDENIEDLabor Code section 5905WCAB Rule 10842WCAB Rule 10848sanctionsLab. Code§ 5813administrative law judge
References
Case No. ADJ3795048
Regular
Feb 11, 2010

PAULINE WATKINS vs. COUNTY OF SAN DIEGO

This case involves Pauline Watkins, the applicant, and the County of San Diego, the defendant, regarding a workers' compensation claim. The Workers' Compensation Appeals Board (WCAB) has issued an order denying a Petition for Reconsideration filed by one of the parties. The WCAB adopted the reasoning of the workers' compensation administrative law judge's report in making its decision to deny reconsideration. Therefore, the original decision in this workers' compensation matter stands.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeDeniedCounty of San DiegoPauline WatkinsADJ3795048SDO 0342816Frank M. BrassJames C. Cuneo
References
Case No. ADJ4149139 (WCK 0053691) ADJ789817 (WCK 0050159)
Regular
Sep 30, 2014

SHEILA MARTIN vs. SAN RAMON REGIONAL MEDICAL CENTER, SEDGWICK CLAIMS MANAGEMENT SERVICES

This Workers' Compensation Appeals Board case involves a Petition for Reconsideration filed by the defendants. The petitioner has formally withdrawn this petition. Consequently, the Board has dismissed the Petition for Reconsideration of the August 26, 2014 decision.

Petition for ReconsiderationDismissedWithdrawnWorkers' Compensation Appeals BoardSan Ramon Regional Medical CenterSedgwick Claims Management ServicesSheila MartinCase NumbersOpinion and OrderAugust 26 2014
References
Case No. ADJ7846929
Regular
Jul 03, 2014

PAMELA LEWIS (Deceased) vs. CITY AND COUNTY OF SAN FRANCISCO, Permissibly Self-Insured

This Workers' Compensation Appeals Board order dismisses a Petition for Removal filed by Pamela Lewis's estate (represented by Charles Davis, San Francisco City Attorney). The petitioner, likely the defense, voluntarily withdrew their petition. Consequently, the Board has deemed the petition dismissed and will take no further action on the matter.

Petition for RemovalDismissalWorkers' Compensation Appeals BoardCity and County of San FranciscoSelf-InsuredPamela LewisDeceasedADJ7846929San Francisco District OfficeOrder of Dismissal
References
Case No. ADJ3362574
Regular
Oct 18, 2012

LAURA BIGGS vs. SAN BERNARDINO COUNTY MEDICAL CENTER, SAN BERNARDINO COUNTY

The Workers' Compensation Appeals Board (WCAB) dismissed Laura Biggs' Petition for Reconsideration in this case against San Bernardino County Medical Center and San Bernardino County. The dismissal was based on the WCAB's review of the record and adoption of the administrative law judge's report and recommendation. The report provided the reasoning for the dismissal, which the WCAB incorporated by reference. Therefore, the petition for reconsideration was officially dismissed.

Petition for ReconsiderationWorkers' Compensation Appeals BoardDismissalReport and RecommendationAdministrative Law JudgeSan Bernardino County Medical CenterLaura BiggsWorkers' Compensation CaseLegal DocumentCase Number
References
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