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

Case No. ADJ1407862 ADJ8053285
Regular
Jan 29, 2014

RAYMOND SCHAUER vs. WINDSOR UNIFIED SCHOOL DISTRICT, REDWOOD EMPIRE SCHOOL INSURANCE GROUP

In this workers' compensation case, venue is transferred from the Santa Rosa to the San Francisco District Office. This change is necessary because the assigned judge must recuse himself and the alternative judge has been disqualified. The San Francisco Presiding Judge will assign a new judge and schedule a lien conference. This order facilitates the continued proceedings for Applicant Raymond Schauer against Windsor Unified School District.

Venue changeRecusalJudge challengeAppeals Board Rule 10453Santa Rosa District OfficeSan Francisco District OfficePresiding JudgeLien conferencePermissibly Self-InsuredWindsor Unified School District
References
Case No. MON 0292635
Regular
May 20, 2008

ZENA GARCIA vs. SANTA MONICA MALIBU UNIFIED SCHOOL DISTRICT

The Appeals Board denied the lien claimant's petition for reconsideration, upholding the administrative law judge's decision that the lien claimant failed to meet its burden of proving the reasonableness of its charges for surgery. Despite prior direction to develop the record regarding rebuttal evidence, the lien claimant presented no further evidence, leaving its charges appearing disproportionate. The Board affirmed the use of the 2004 fee schedule as a guide to establish the reasonable value of the services.

KunzOutpatient Surgery Fee ScheduleReconsiderationLien ClaimantReasonable ValueRebuttal EvidenceBurden of ProofGeographic ComparablesComparative StudyIndustrial Injury
References
Case No. ADJ2380227 (LBO 0376292) ADJ2803570 (AHM 0086412)
Regular
Mar 28, 2011

CHRIS FELICIJAN vs. SANTA ANA UNIFIED SCHOOL DISTRICT

In Felicijan v. Santa Ana Unified School District, the Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration as untimely. The WCAB adopted the administrative law judge's report, which found the petition was filed 36 days after the decision, exceeding the 20-day statutory limit plus a 5-day mailing extension. Therefore, the WCAB ordered the dismissal of the petition.

Workers' Compensation Appeals BoardPetition for Reconsiderationuntimelydismissadministrative law judgeReport and RecommendationFindings and OrderLab. Code§ 5903Code Civ. Proc.
References
Case No. ADJ4435696 [ANA 0406876] ADJ1243268 [ANA 0406877]
Regular
Sep 02, 2008

ANN JOHNSON vs. SANTA ANA UNIFIED SCHOOL DISTRICT

The School District failed to provide proper notice of its Medical Provider Network (MPN) to the applicant at the time of injury. The District is liable for reasonable medical treatment self-procured by the applicant.

Workers' Compensation Appeals BoardMedical Provider Network (MPN)Santa Ana Unified School Districtnotice requirementsAdministrative Director Rule 9767.12(a)Knight v. United Parcel Serviceburden of proofself-procured treatmentliabilityreconsideration
References
Case No. ADJ7547129
Regular
Sep 30, 2016

PETRA CABANAS PINO vs. INGLEWOOD UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board denied the defendant Inglewood Unified School District's Petition for Removal. The defendant argued the judge improperly took the trial off calendar. The Board found the defendant failed to show the order would cause significant prejudice or irreparable harm. Therefore, the Petition for Removal was denied, without addressing other issues raised.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ OrderTrial Off CalendarSignificant PrejudiceIrreparable HarmPermissibly Self-InsuredInglewood Unified School DistrictAdministrative Law JudgeReport and Recommendation
References
Case No. ADJ3517491 (SBR 0339570)
Regular
Apr 30, 2010

MARIA OROZCO vs. RIALTO UNIFIED SCHOOL DISTRICT, KEENAN ASSOCIATES RIVERSIDE

The Workers' Compensation Appeals Board (WCAB) dismissed Maria Orozco's Petition for Reconsideration against Rialto Unified School District and Keenan Associates. The WCAB adopted the reasoning of the workers' compensation administrative law judge's Report and Recommendation. The order of dismissal was filed on April 30, 2010. No specific details of the underlying dispute are provided in this order.

Petition for ReconsiderationDismissedWorkers' Compensation Appeals BoardAdministrative Law JudgeReport and RecommendationRialto Unified School DistrictKeenan Associates RiversideADJ3517491SBR 0339570San Bernardino District Office
References
Case No. ADJ855554 (ANA 0388777)
Regular
Aug 24, 2011

CHRISTI HOWARTH vs. LONG BEACH UNIFIED SCHOOL DISTRICT; Permissibly Self-Insured, Administered By TRISTAR RISK MANAGEMENT

This case before the Workers' Compensation Appeals Board concerns a petition for disqualification filed by applicant Christi Howarth against the Long Beach Unified School District. The Board reviewed the petition and the report of the workers' compensation administrative law judge. Based on this review, the Board has adopted the judge's report and denied the disqualification petition.

Petition for DisqualificationWorkers' Compensation Appeals BoardWCJ reportdeny disqualificationrecord reviewadministrative law judgeTRISTAR RISK MANAGEMENTLONG BEACH UNIFIED SCHOOL DISTRICTApplicantDefendants
References
Case No. ADJ6957361
Regular
Jan 12, 2012

ROBERTO BARAJAS vs. FRESNO UNIFIED SCHOOL DISTRICT

This case concerns a petition for reconsideration by Fresno Unified School District regarding a workers' compensation award for Roberto Barajas. The District challenged the permanent disability rating, arguing the Agreed Medical Examiner improperly included grip strength loss alongside range of motion limitations, contrary to AMA Guides guidelines. Additionally, the District contested a 10% penalty for delayed permanent disability advances and sought a reduction in benefits based on an offer of regular work. The Workers' Compensation Appeals Board denied reconsideration, affirming the WCJ's findings on the permanent disability rating by finding the AME appropriately applied *Almaraz/Guzman II* principles for calculating impairment. The Board also upheld the penalty for delayed advances and rejected the District's claim regarding work offer reductions.

Workers' Compensation Appeals BoardFresno Unified School DistrictRoberto BarajasFindings of Fact and Awardpermanent disabilityright wrist injuryright hand injuryright finger injurygroundskeeper/gardenerLabor Code section 4650
References
Case No. ADJ3262016
Regular
Sep 18, 2015

BETTY DYKEMAN vs. WALNUT VALLEY UNIFIED SCHOOL DISTRICT, VALLEY INSURANCE PROGRAM

This case involves Betty Dykeman's workers' compensation claim against Walnut Valley Unified School District for a 1992 back injury. The School District sought reimbursement from a lien claimant, Monrovia Memorial Hospital, for an alleged overpayment of medical services provided in 2009. The Workers' Compensation Appeals Board denied reconsideration, adopting the WCJ's report. The WCJ denied the reimbursement claim due to insufficient and conflicting evidence regarding the value of the medical services and the amount of the alleged overpayment.

Petition for ReconsiderationWorkers' Compensation Appeals BoardWalnut Valley Unified School DistrictYork Risk Services GroupLien ClaimantMonrovia Memorial HospitalPetition for ReimbursementStipulated AwardMedical TreatmentSurgery
References
Case No. SBA 0077861, SBA 0083526, SBA 0083527
Regular
Apr 11, 2008

JUAN GUTERREZ vs. SANTA BARBARA SCHOOL DISTRICT, Permissibly Self-Insured; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, on behalf of FREMONT INDEMNITY INSURANCE CO., In liquidation

This case involves an applicant, Juan Guterrez, and defendants Santa Barbara School District and the California Insurance Guarantee Association (CIGA). Both the applicant and CIGA sought reconsideration of the Workers' Compensation Administrative Law Judge's (WCJ) decisions from February 7, 2008. The Appeals Board is granting reconsideration to obtain a WCJ report on CIGA's petition, which is necessary to understand all issues before rendering a unified decision.

Workers' Compensation Appeals BoardCIGAFremont Indemnity Insurance Co.liquidationReconsiderationWCJReport and RecommendationDecision After ReconsiderationSanta Barbara School DistrictPermissibly Self-Insured
References
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