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

Case No. ADJ7673518, ADJ7647749
Regular
Jan 23, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION / CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant sustained industrial injury to her neck. While the applicant testified to injuring her neck in a workplace incident and this was partially corroborated, the Board found insufficient evidence for other claimed injuries. The Board specifically disagreed with the administrative law judge's credibility assessment concerning the neck injury itself, relying on medical reports and testimony supporting the neck injury claim. The Board affirmed the denial of claims for all other alleged injuries, finding insufficient medical evidence to link them to the incident.

Petition for ReconsiderationFindings and OrderIndustrial InjuryNeck InjuryBack InjurySpine InjuryUpper ExtremitiesPsycheGastroesophageal SystemInternal System
References
Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. LAO 862841
Regular
Feb 28, 2008

BAHATI H. SALAS vs. LIVHOME, INC.

The Workers' Compensation Appeals Board granted removal and quashed the applicant's notice for a second deposition of Dr. Peterson. The Board found no good cause for a second deposition, as the applicant's representative was present at the first and failed to question Dr. Peterson on relevant matters despite having all necessary documentation. Allowing repeated depositions without changed circumstances would be neither expeditious nor inexpensive, contradicting the Board's mandate.

RemovalMotion to QuashDepositionAgreed Medical Evaluator (AME)Due ProcessGood CauseCredibilitySubsequent DepositionLabor Code 4062.3Substantial Justice
References
Case No. ADJ3970584 (LAO 0836632)
Regular
Nov 04, 2011

RUSSELL NELSON vs. RENAISSANCE HOLLYWOOD HOTEL

The Appeals Board granted the defendant's Petition for Removal, reversing an earlier WCJ order that denied a second deposition of the applicant. This decision allows the defendant to depose the applicant and the appointed physician, Dr. Sadoff, regarding subsequent employment and industrial injury. The Board found good cause for the second deposition, as new information may be relevant to permanent disability and apportionment. The case was taken off calendar pending these depositions, but the request for reassignment of the WCJ was denied.

Petition for RemovalArmin M. SadoffM.D.Regular PhysicianSubsequent EmploymentSubsequent Industrial InjurySecond DepositionCompelling AttendanceCross-examinationPermanent Disability
References
Case No. ADJ4353489 (VNO 0469742)
Regular
Aug 18, 2011

, JEFFREY JONES, vs. , INTERLINK MORTGAGE SERVICES; STATE COMPENSATION INSURANCE FUND,

This case concerns a claimant's eight-year delay in pursuing his workers' compensation claim, during which time he filed an application but took no further action. The claimant then sought to depose a retired QME who is elderly and ill. The Appeals Board granted the defendant's Petition for Removal, finding no good cause for the deposition due to the claimant's unexplained delay and lack of stated necessity. Consequently, the Board rescinded the orders compelling the deposition and denied the claimant's petition.

Petition for RemovalQualified Medical Evaluator (QME)DepositionOrder Compelling DepositionStrike ReportIndustrial InjuryApplication for Adjudication of ClaimPetition for DismissalPetition to Compel DepositionBurden of Proof
References
Case No. ADJ8750265
Regular
Apr 17, 2017

EDUARDO VILCHES CABRERA vs. TOWN OF SCOTIA CO. PACIFIC LUMBER, TRISTAR RISK MANAGEMENT

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, rescinding a prior order that denied the defendant's request to compel the applicant's deposition. The Board found good cause existed for the deposition because a 2014 MRI showed a worsening of the applicant's knee condition, necessitating a second surgery, despite a prior QME report attributing 100% of permanent disability to the original 2006 industrial injury. This new development raised questions about potential subsequent injuries or intervening causes that could affect reimbursement. The Board permitted the deposition to gather information regarding the applicant's employment and any events between the QME's 2013 evaluation and the 2014 MRI.

Petition for RemovalSecond Order Denying Petition to CompelStipulations and AwardQualified Medical EvaluatorPetition to Compeldepositionmaterial change in medical conditionreimbursementsubsequent employmentgood cause
References
Case No. ADJ11240744
Regular
Jan 16, 2019

CODY BACA vs. JOHN MUIR HEALTH

The Workers' Compensation Appeals Board denied the applicant's petition for removal of an order allowing a second deposition. The applicant argued prejudice due to potential questions about an unrelated criminal matter and a hold on medical discovery. The Board found no evidence of irreparable harm or substantial prejudice, as the applicant could object to inappropriate questions during the deposition. The Board also noted that an evidentiary hearing on the deposition issue had already occurred and that medical discovery was only postponed, not indefinitely halted.

Petition for RemovalSecond DepositionUnrelated Criminal MatterFifth AmendmentPrejudiceIrreparable HarmEvidentiary HearingMedical DiscoveryPQME EvaluationDeclaration of Readiness
References
Case No. ADJ10837556; ADJ11301347
Regular
Dec 30, 2020

MANUEL RODRIGUEZ vs. COSTCO WHOLESALE, HELMSMAN MANAGEMENT SERVICES

The Appeals Board granted removal, rescinded the WCJ's order allowing a second deposition, and returned the matter for further proceedings due to an insufficient record. Applicant's petition for reconsideration was dismissed as the WCJ's order was not a final decision. The Board found that the applicant's filing was timely construed as an objection to the deposition order, and the WCJ failed to provide sufficient basis for the order or consider evidence. Additionally, the defendant improperly served the order, violating WCAB rules.

RemovalPetition for ReconsiderationOrder Granting LeaveSecond DepositionDue ProcessAdministrative Law JudgeWorkers' Compensation Appeals BoardThreshold IssueFinal DecisionExtraordinary Remedy
References
Case No. ADJ9924983 ADJ9925009
Regular
Feb 26, 2019

JESUS RODRIGUEZ GARCIA vs. BARRETT BUSINESS SERVICES, INC., ACE AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed defendant's petition for reconsideration and denied their petition for removal. The Board found that the order quashing the second deposition of Dr. Aun was a discovery order, not a final decision, and thus not subject to reconsideration. Defendant failed to demonstrate irreparable harm or substantial prejudice required for removal, as they could still petition the court to reevaluate the need for the depositions. The Board also found no violation of due process, as defendant had an opportunity to present their arguments to the judge.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalProtective OrderQuash DepositionDue ProcessIrreparable HarmSubstantial PrejudiceMedical EvidenceDeposition Leave
References
Case No. ADJ3712610
Regular
Nov 24, 2014

ANNIE FRANKLIN vs. FAITHFUL CENTRAL MISSIONARY BAPTIST, GUIDEONE MUTUAL

In this workers' compensation case, the applicant, Annie Franklin, sought removal from a finding allowing her and her daughter to be deposed a second time. The defendants demonstrated good cause for these additional depositions due to conflicting medical opinions and subsequent changes in relevant labor code sections since the initial depositions. The Workers' Compensation Appeals Board (WCAB) denied the Petition for Removal, adopting the WCJ's reasoning and finding no showing of significant prejudice or irreparable harm. Reconsideration after a final award remains an adequate remedy for the applicant.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ reportirreparable harminadequate remedyFindings and Ordersecond depositionhome health careAME'sgood cause
References
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