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

Case No. ADJ3512142 (MON 0288509)
Regular
Jan 12, 2009

JOSE LUIS LARA vs. BRATIFF HOME CORP. dba METRO DINER and SCOTT BROFFMAN as substantial shareholder; UNINSURED EMPLOYERS BENEFIT TRUST FUND

The Appeals Board reversed the WCJ's finding that the applicant was an employee of Metro Diner on the date of injury, concluding that he was an independent contractor.

Workers' Compensation Appeals BoardBratiff Home Corp.Metro DinerScott BroffmanUninsured Employers Benefit Trust FundADJ3512142MON 0288509Opinion and Order Granting ReconsiderationDecision After ReconsiderationAdministrative Law Judge
References
Case No. ADJ6500027
Regular
Jun 22, 2009

MARK SCOTT vs. SOUTHERN CALIFORNIA EDISON

The Workers' Compensation Appeals Board granted reconsideration of a finding that applicant Mark Scott sustained an industrial injury to his left knee. The Board found that the medical evidence presented, specifically operative reports, lacked any causation analysis and therefore did not substantially support the finding of industrial injury. Consequently, the case was remanded to the trial level for further development of the medical record concerning causation. The Board also deferred ruling on the statute of limitations defense pending this further development.

Workers' Compensation Appeals BoardSouthern California EdisonMark ScottAOE/COEStatute of LimitationsContinuous TraumaCumulative InjuryLabor Code Section 5405Reynolds v. Workers' Comp. Appeals Bd.Statute of Limitations Tolling
References
Case No. ADJ7701496
Regular
Nov 08, 2012

GILBERTO SALDANA vs. SCOTT CHUONG, FARMERS INSURANCE EXCHANGE

The Workers' Compensation Appeals Board (WCAB) affirmed a prior decision finding that Scott Chuong was not the applicant's employer when he sustained a back injury while painting Chuong's home. The applicant was instead found to be employed by Filiberto Montano, an unlicensed and uninsured contractor who hired the applicant. The WCAB also imposed $250 in sanctions against the applicant's attorney for frivolous filings and violations of WCAB Rules, finding no good cause to excuse these actions.

Workers' Compensation Appeals BoardGilberto SaldanaScott ChuongFarmers Insurance ExchangeADJ7701496Opinion and Decision After ReconsiderationOrder Imposing SanctionsLabor Code section 5813WCAB Rule 10561Filiberto Montano
References
Case No. ADJ1372815
Regular
Apr 24, 2009

SCOTT SCHWARTZ vs. WEST COAST WOOD PRODUCTS

This is an order from the Workers' Compensation Appeals Board denying a petition for reconsideration filed by Scott Schwartz. The Board adopted and incorporated the report of the workers' compensation administrative law judge, finding no grounds to overturn the prior decision. The specific reasons for the denial are detailed in the referenced judge's report, which is not provided here. The order was filed on April 24, 2009.

Workers' Compensation Appeals BoardReconsideration deniedAdministrative law judge reportApplicant Scott SchwartzDefendant West Coast Wood ProductsADJ1372815VNO 0267967Order denying reconsiderationPetition for reconsiderationWCJ report adopted
References
Case No. ADJ2736625 (OAK 0345167) ADJ6471430
Regular
Jul 21, 2010

Reginald Scott vs. California Department of Corrections, State Compensation Insurance Fund

This case involves applicant Reginald Scott's petition for reconsideration of a prior Appeals Board decision that modified his permanent disability award and vacated penalties against the defendants. Scott argued the Board erred in determining Labor Code section 4658 does not apply to inmates and that penalties should have been imposed. However, the Appeals Board dismissed Scott's petition as untimely. The Board found that Scott's petition was filed after the 25-day jurisdictional deadline, even with an extension for a weekend closure. Therefore, the Appeals Board lacked the power to consider the merits of his arguments and dismissed the petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationOpinion and DecisionFindings and AwardPermanent Disability AwardLabor Code section 4658InmatesPenaltiesUntimely PetitionJurisdictional Time Limit
References
Case No. ADJ2736625 (OAK 0345167) ADJ6471430
Regular
Jul 21, 2010

REGINALD SCOTT vs. CALIFORNIA DEPARTMENT OF CORRECTIONS and STATE COMPENSATION INSURANCE FUND

The applicant, Reginald Scott, sought reconsideration of a previous Workers' Compensation Appeals Board (WCAB) decision regarding his permanent disability award and penalties against the defendant. Scott argued that Labor Code section 4658 should apply to inmates and that penalties against the defendant were improperly vacated. However, the WCAB dismissed Scott's petition for reconsideration. The dismissal was based solely on the fact that the petition was filed after the jurisdictional deadline.

Workers' Compensation Appeals BoardPetition for ReconsiderationTimelinessLabor Code Section 4658InmatesPermanent Disability AwardPenaltiesJurisdictional Time LimitService by MailOpinion and Decision
References
Case No. ADJ10731404
Regular
Oct 09, 2018

PRESTON LEE BROWN SCOTT vs. CITY OF LOS ANGELES, OPSEC; THE HARTFORD

The Workers' Compensation Appeals Board (WCAB) is issuing a notice of intention to declare applicant Preston Lee Brown Scott a vexatious litigant. This action is prompted by Mr. Scott's repeated filing of unmeritorious and repetitive claims and petitions, despite being informed of procedural rules and settlement agreements. If declared a vexatious litigant, Mr. Scott will be subject to a pre-filing order requiring him to obtain permission before filing any new documents or applications with the WCAB. This measure aims to prevent further abuse of the judicial process and conserve WCAB resources.

Vexatious litigantAppeals BoardPre-filing orderPropria personaReconsiderationLabor CodeCarve-out agreementADRCompromise and ReleaseSection 132a
References
Case No. ADJ10110995
Regular
Oct 14, 2020

PRESTON LEE BROWN SCOTT vs. CITY OF LOS ANGELES, THE HARTFORD

The applicant, Preston Lee Brown Scott, was declared a vexatious litigant in 2018 and is subject to a pre-filing order. This order requires him to obtain prior approval from a judge before filing any documents with the Workers' Compensation Appeals Board (WCAB). He has filed multiple petitions for reconsideration without this approval. The WCAB has reviewed these filings and found no significant change in circumstances to warrant acceptance. Therefore, the documents submitted by Mr. Scott are not accepted for filing.

Vexatious litigantPre-filing orderWorkers' Compensation Appeals BoardRule 10430Rule 10782In pro perPetition for ReconsiderationAdjudication of claimDeclaration of readinessPleading
References
Case No. OAK 294681
Regular
Nov 14, 2007

SCOTT SIMPSON vs. GEO OPTIONS, INC., EARTFORD INSURANCE COMPANY

The Workers' Compensation Appeals Board affirmed the WCJ's decision regarding permanent disability apportionment, finding substantial medical evidence supported a 50% apportionment to pre-existing conditions. The Board also upheld the WCJ's finding of unreasonable delay in medical treatment, justifying a penalty against the defendant. A minor clerical error in the award regarding penalty references was corrected.

Workers' Compensation Appeals BoardScott SimpsonGeo Options Inc.Hartford Insurance CompanyOAK 294681Opinion and Decision After Reconsiderationpermanent disabilityapportionmentspondylolisthesisqualified medical examiner
References
Case No. SJO 0224503
Significant

Scott Kunz vs. Patterson Floor Coverings, Inc., Golden Eagle Insurance Co.

The Board held that a defendant's failure to object to a medical treatment bill on a specific basis, such as lack of medical necessity, under Labor Code section 4603.2, does not constitute a waiver of that objection. The matter was remanded to develop the record on this issue.

Alpine Surgery CentersPatterson Floor CoveringsGolden Eagle InsuranceScott Kunzlien claimfacility feemedical necessityLabor Code section 4603.2Official Medical Fee Scheduleoutpatient surgery center
References
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