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

Case No. STK 182176
Regular
Mar 07, 2008

ShAENA SOUTHARD vs. HALLMARK CARDS/ROYAL SUNALLIANCE, SARA LEE/BROADSPIRE

The Workers' Compensation Appeals Board denied Sara Lee's petition for reconsideration, affirming the WCJ's finding of cumulative injury sustained while working for Sara Lee. The Board relied on the Labor Code § 5402(b) presumption of compensability due to Sara Lee's failure to deny the claim within 90 days of receiving the DWC-1 form. Additionally, the Board found the medical opinion of Dr. Feinberg, which attributed a portion of the injury to Sara Lee's employment, to be credible and substantial evidence.

WCABPetition for ReconsiderationCumulative InjurySara LeeHallmark CardsLabor Code § 5402(b)Presumption of CompensabilityAgreed Medical EvaluatorQualified Medical EvaluatorDr. Steven D. Feinberg
References
Case No. MON 0320089 MON 0297024
Regular
Oct 24, 2007

, \DONALD LEE (Deceased), CARRIE LEE (Widow)\, Carrie Lee vs. NORRIS INDUSTRIES, Permissibly SelfInsured, Administered by S.R.S.; THE TRAVELERS; CALIFORNIA CASUALTY INSURANCE COMPANY

This case involves a widow's petition for reconsideration of a finding that her deceased husband's death was not industrially caused by bladder/urological issues. The applicant argued she was denied due process due to new evidence presented at the final hearing, requesting the record be reopened. The majority denied the petition, adopting the WCJ's report. However, one commissioner dissented, believing the applicant should have had the opportunity for further discovery based on changed testimony from a defendant's witness and newly presented information.

Workers' Compensation Appeals BoardDonald LeeCarrie LeeNorris IndustriesThe TravelersCalifornia Casualty Insurance CompanyPetition for ReconsiderationJoint Findings and OrdersIndustrial InjuryBladder
References
Case No. ADJ7212869
Regular
Sep 25, 2013

MARIA BERNAL vs. SARA LEE BAKERY, ACE AMERICAN INSURANCE COMPANY

This case involves a Petition for Removal filed by a party in a workers' compensation matter before the Appeals Board. The petitioner subsequently withdrew the petition. Consequently, the Workers' Compensation Appeals Board has issued an order formally dismissing the withdrawn petition. No further action will be taken on the dismissed matter.

Petition for RemovalWorkers' Compensation Appeals BoardApplicantDefendantCase No.ADJ7212869Los Angeles District OfficeSara Lee BakeryACE American Insurance CompanyESIS
References
Case No. ADJ1421850 (FRE0216376)
Regular
Aug 17, 2009

BILL CUSTER vs. SARA LEE BAKERY GROUP

The Workers' Compensation Appeals Board granted reconsideration to review a finding of serious and willful misconduct by the employer, Sara Lee Bakery Group. The applicant sustained a knee and groin injury due to a broken bread tray, and the initial finding of misconduct was based on testimony about past practices. However, the Board found no evidence that the employer's executive or managing officers knew serious injury was probable or acted with reckless disregard for consequences. Consequently, the prior award finding serious and willful misconduct was rescinded, and a new decision was issued stating the injury was not caused by the employer's serious and willful misconduct.

Workers' Compensation Appeals BoardSerious and Willful MisconductLabor Code § 4553Findings and AwardReconsiderationRescindedApplicantDefendantRoute SalesmanIndustrial Injury
References
Case No. ADJ8406355
Regular
Sep 06, 2016

JORGE GARCIA vs. SARA LEE CORPORATION, ACE AMERICAN INSURANCE COMPANY c/o ESIS

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a judge's award finding Sara Lee Corporation liable for a penalty based on the full $8,000 supplemental job displacement voucher, plus penalties for medication delays and attorney fees. The WCAB agreed that the penalty for the delayed voucher should be limited to 25% of the *actual amount used* by the applicant, not the full voucher amount. The WCAB otherwise affirmed the judge's findings on medication delays and attorney fees, adopting the judge's report.

Supplemental Job Displacement VoucherIndependent Medical ReviewLabor Code section 5814PenaltyReconsiderationFindings and AwardWCJAppeals BoardAttorney's feesActual time spent
References
Case No. ADJ9859155
Regular
Dec 03, 2016

WILLIAM LEE vs. AC TRANSIT

The Workers' Compensation Appeals Board granted a Petition for Removal concerning William Lee's case against AC Transit. The Board rescinded an Order Limiting Subpoena Duces Tecum issued on August 16, 2016. The matter has been returned to the trial level for further proceedings and a new decision by the workers' compensation administrative law judge.

Petition for RemovalOrder Limiting Subpoena Duces TecumRescindedTrial LevelFurther ProceedingsDecision After RemovalWorkers' Compensation Appeals BoardWCJAC TransitYork Risk Services
References
Case No. ADJ6698870
Regular
Jun 09, 2010

STELLE LEE vs. UNIVERSITY OF CALIFORNIA, DAVIS, (psi) by SEDGWICK CMS (tpa)

The Workers' Compensation Appeals Board denied reconsideration of an order finding that Stella Lee did not sustain an industrial injury. The Board adopted the reasoning of the administrative law judge, who found that the Agreed Medical Examiner's report constituted substantial evidence. The applicant's arguments that the AME was biased and that other medical opinions were ignored were insufficient to overturn this finding. Applicant's excluded exhibits were duplicative or did not meet evidentiary standards.

Workers' Compensation Appeals BoardReconsideration DeniedAgreed Medical ExaminerAMEIndustrial InjuryChemical ExposureDermatitisCausationExpert OpinionMedical Evidence
References
Case No. ADJ7948355
Regular
May 12, 2015

Sara Thomas vs. West Anaheim Medical Center, Hartford Accident Indemnity Company, Corvel, Stanbridge College, Farmers Insurance Exchange

This case denies Sara Thomas's petition for reconsideration of a prior ruling. The Appeals Board found that Thomas failed to meet her burden of proof to establish an industrial injury to her back. Despite her testimony about a specific mechanism of injury, the medical evidence did not support this causation. The Board also rejected her argument that the record should have been further developed, noting she had ample time to obtain supportive medical evidence.

Workers' Compensation Appeals BoardSara ThomasWest Anaheim Medical CenterHartford Accident Indemnity CompanyCorvelStanbridge CollegeFarmers Insurance ExchangeADJ7948355Petition for ReconsiderationIndustrial Injury
References
Case No. ADJ7567617
Regular
Jun 05, 2015

EDWIN LEE (Decedent), MIJUNG LEE (Guardian ad Litem and Trustee) vs. ABBA BAIL BONDS, STATE COMPENSATION INSURANCE FUND

This case concerns the division of attorney fees awarded from a workers' compensation death settlement. The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision that undervalued the services of the decedent's initial attorney, Todd Arron. The WCAB found that while Arron's initial efforts were crucial to establishing liability, current attorney Robert Lee handled the bulk of the case. Consequently, the WCAB rescinded the prior award and reallocated the $43,633.33 fee, awarding one-third ($14,544.44) to Arron and two-thirds ($29,088.89) to Lee.

Workers' Compensation Appeals BoardGuardian ad LitemTrusteeAbba Bail BondsState Compensation Insurance FundOrder Approving Compromise and ReleaseAttorney FeesLien ClaimantPetition for ReconsiderationFindings of Fact and Award
References
Case No. ADJ2800461 (VNO 0521396)
Regular
Dec 23, 2008

WON JAE LEE vs. HYOUNG KOOK LEE dba GLENDALE NEWS SERVICES, KOREAN CENTRAL DAILY NEWS, REDWOOD FIRE AND CASUALTY, UNINSURED EMPLOYERS BENEFITS TRUST FUND

This case involves a dispute over whether the applicant was an employee of Korean Central Daily News (Daily) or an independent contractor of Hyoung Kook Lee (HKL) when injured while delivering newspapers. The Workers' Compensation Appeals Board affirmed the WCJ's finding that the applicant was an employee of Daily. The Board found that Daily exercised sufficient control over the applicant's work, including providing the newspapers, customers, and delivery instructions, despite HKL's role as a purported manager.

Workers' Compensation Appeals BoardIndustrial InjuryNewspaper CarrierEmployee StatusIndependent Business OwnerAgencyControl of WorkEmployer LiabilityUninsured Employers Benefit Trust FundReconsideration Denied
References
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