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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Monell v. Scooter Store, Ltd.

The plaintiff, a 93-year-old woman with limited mobility, commenced an action against The Scooter Store Ltd. and Pride Mobility Products Corporation after her three-wheeled Go-Go Ultra X Scooter allegedly tipped over due to a design defect and inadequate warnings. She claimed negligence, strict tort liability, and breach of warranties. The defendants sought to exclude the plaintiff's expert witness and moved for summary judgment. The court denied the motion to exclude the expert, finding his testimony sufficiently reliable. It also denied summary judgment on the claims of defective design, failure to warn, and negligence, finding genuine issues of material fact. However, summary judgment was granted to the defendants regarding the breach of express warranty claims, which the plaintiff had abandoned.

Products LiabilityDefective DesignFailure to WarnSummary Judgment MotionExpert Witness AdmissibilityMobility Scooter AccidentNegligence ClaimsImplied Warranty ClaimsFederal Civil ProcedureDistrict Court Decision
References
43
Case No. ADJ1544966 (LBO 0393913)
Regular
Jul 10, 2017

JOHN MAXTON vs. LEFIELL MANUFACTURING, PACIFIC COMPENSATION, STATE COMPENSATION INSURANCE FUND

This case involves a dispute over the transportation of an applicant's industrial injury-related scooter. The applicant sustained a lung injury, and a scooter was deemed reasonable medical treatment. A stipulation was reached where the defendant agreed to find a transport solution with the WCAB's jurisdiction reserved. When no agreement was reached, the WCJ ordered the defendant to provide a handicap-adapted vehicle, finding the defendant's offer of a trailer unreasonable. The Appeals Board denied reconsideration, holding that the issue was not subject to UR/IMR and that the WCJ properly enforced the parties' stipulation.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderAdministrative Law JudgeHandicap-Adapted VehicleScooter TransportUtilization ReviewIndependent Medical ReviewStipulationWCAB Jurisdiction
References
4
Case No. ADJ2701561
Regular
Jan 12, 2018

Rodolfo Arroyo vs. Inland Concrete Enterprises, Inc., California Insurance Guarantee Association for Fremont Compensation Insurance Company

The Appeals Board granted the applicant's petition for removal, finding that the administrative law judge (WCJ) erred in ruling the Utilization Review (UR) decision timely. The defendant's UR did not address the physician's request for repair or replacement of the applicant's motorized scooter, instead questioning the general medical necessity of a scooter. Because the UR was invalid as it failed to address the actual request, the Appeals Board has jurisdiction. The case is returned to the trial level for a determination of medical necessity based on substantial evidence, and for a ruling on the admissibility of evidence.

Utilization reviewPetition for removalMedical necessityAgreed Medical EvaluatorTreating physicianAuthorization for treatmentTimeliness of UR decisionSubject matter jurisdictionSubstantial medical evidenceLabor Code section 4604.5
References
5
Case No. ADJ9193432
Regular
Mar 06, 2017

RICARDO HERNANDEZ vs. COSMA EMTE, INC., STATE COMPENSATION INSURANCE FUND

The Appeals Board reconsidered a decision denying applicant's requests for home health care, a motorized scooter, and an orthopedic bed. While affirming the denial of the scooter and bed due to insufficient medical reasoning, the Board deferred the home health care issue. This was to allow further development of the record considering specific prescription requirements for home health care under Labor Code section 4600(h) and relevant case law, as the prior utilization review denial was untimely. The applicant was awarded further medical treatment in the form of a psychiatric consult.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardLabor Code Section 4610Utilization ReviewPrimary Treating PhysicianHome Health CareMotorized ScooterOrthopedic Bed and MattressPsychiatric Consultation
References
10
Case No. ADJ6841263
Regular
Apr 22, 2014

SHERYL WILLIS vs. STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION

This case concerns an applicant's petition for reconsideration of a denial for a lightweight mobility scooter. The applicant argued the administrative director's determination was plainly erroneous and that the relevant Labor Code sections were unconstitutional. The Workers' Compensation Appeals Board denied the petition, finding the applicant failed to raise new issues or challenge constitutionality within their power. The Board also admonished both parties' counsel for unprofessional conduct.

Labor Code Section 4610.6Petition for ReconsiderationAdministrative DirectorIndependent Medical ReviewLightweight Mobility ScooterLabor Code Section 4600Plainly Erroneous Finding of FactBias on Basis of DisabilityConstitutional ChallengeScope of Review
References
7
Case No. ADJ4196316
Regular
Mar 14, 2011

LINDA SMITHEM vs. REDWOOD CITY SCHOOL DISTRICT, PIPS (Protected Insurance Program for Schools) JPA, KEENAN & ASSOCIATES

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration of a Finding and Award. The original award required the defendant to provide a lift for a motorized scooter and a vehicle accommodating it as reasonable medical treatment for the applicant's industrial injury. The defendant argued this was unreasonable medical treatment and that the judge exceeded her authority. The Board adopted the WCJ's report, denying reconsideration, but noted the defendant's ongoing obligation to negotiate in good faith for the required equipment.

Workers' Compensation Appeals BoardRedwood City School DistrictPIPSKeenan \& AssociatesFinding and Awardliftmotorized scootervehiclereasonable medical treatmentLabor Code section 4600
References
0
Case No. MISSING
Regular Panel Decision
Jun 11, 2005

Zu-Hua Lin v. City of New York

The case involves an action to recover damages for personal injuries. The plaintiff, injured in a motor scooter collision, sued the City of New York, which in turn brought a third-party action against Petrocelli Electric Co., Inc. (PEC), its contractor for traffic signal maintenance. The plaintiff alleged a traffic signal outage as the cause of the accident. The Supreme Court initially denied summary judgment motions by PEC and the City of New York. On appeal, it was found that the City established it lacked actual or constructive notice of any outage, and the plaintiff failed to raise a triable issue of fact. Therefore, the appellate court reversed the lower court's order, granting summary judgment to both PEC and the City of New York, dismissing the third-party complaint and the main complaint respectively.

Personal InjuryMotor Scooter AccidentTraffic Signal OutageSummary JudgmentAppellate ReviewThird-Party ActionContractor LiabilityActual NoticeConstructive NoticeDismissal of Complaint
References
1
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