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

Case No. ADJ2309063, 2603988
Regular
Jun 24, 2010

RAINIE JAEGER vs. APOTHE-CARE, INC., dba OWENS PHARMACY, FIREMAN'S FUND INSURANCE COMPANY, AMERICAN AUTO INSURANCE COMPANY, RISK ENTERPRISE MANAGEMENT, WALGREEN'S, AMERICAN MOTORISTS INSURANCE COMPANY, SEDGWICK CMS, Fairmont Premier Insurance Company, American Motorist Insurance Company adjusted by Sedgwick

This case involves a dispute over a worker's compensation claim for a low back injury determined to be a compensable consequence of a prior bilateral carpal tunnel injury. The Board granted reconsideration to correct the date of the compensable consequence injury to October 5, 2004. Furthermore, Fireman's Fund was ordered to reimburse Sedgwick CMS for benefits paid after that date, with the right to seek contribution from Fairmont Premier/REM. The Board rescinded prior findings and substituted new ones, clarifying liability for medical treatment and benefits.

compensable consequence injurybilateral carpal tunnellow back injuryspinal surgeryAgred Medical Evaluator (AME)Fireman's FundSedgwick CMSjoint and several liabilityreimbursementcontribution
References
Case No. ADJ8138407
Regular
Nov 19, 2014

SCOTT LOWE vs. ADT, SEDGWICK CMS

The applicant is Scott Lowe, and the defendants are ADT and Sedgwick CMS. The defendants sought Social Security earnings records from 2005 to the present, claiming it was proper discovery. The Workers' Compensation Appeals Board (WCAB) denied the defendant's petition for removal of the judge's order denying this discovery. The WCAB found that the requested earnings information, starting seven years prior to the injury, was not relevant and removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm.

Petition for RemovalSocial Security earnings recordsdiscoverydue processtemporary total disabilitysubstantial prejudiceirreparable harmreconsiderationadministrative law judgeWorkers' Compensation Appeals Board
References
Case No. ADJ1029994 (LBO 0391256)
Regular
Sep 09, 2004

WALTER PEARCE vs. LAIDLAW EDUCATION SERVICES, SEDGWICK CMS

This order dismisses Laidlaw Education Services' and Sedgwick CMS' petition for removal. The Workers' Compensation Appeals Board adopted and incorporated the administrative law judge's report in reaching this decision. The petition for removal is therefore dismissed.

Petition for RemovalDismissalReconsiderationWorkers' Compensation Appeals BoardAdministrative Law Judge ReportLAIDLAW EDUCATION SERVICESSEDGWICK CMSADJ1029994LBO 0391256
References
Case No. ADJ2655171 (LAO 0886561) ADJ1429155 (LAO 0862514)
Regular
May 22, 2012

GUILLERMO HERNANDEZ vs. MCKESSON CORPORATION, SEDGWICK CMS, INC.

This case involves reconsideration sought by both applicant Guillermo Hernandez and defendant McKesson Corporation/Sedgwick CMS, Inc., regarding prior decisions. The Workers' Compensation Appeals Board (WCAB) granted reconsideration because an initial review indicated the need for further study of the factual and legal issues to ensure a just and reasoned decision. Pending the decision after reconsideration, all communications must be filed in writing with the WCAB Commissioners in San Francisco, not with any district office or e-filed.

Workers' Compensation Appeals BoardReconsideration GrantedMcKesson CorporationSedgwick CMSInc.Guillermo HernandezStatutory Time ConstraintsFactual IssuesLegal IssuesJust and Reasoned Decision
References
Case No. ADJ10663212
Regular
Dec 18, 2017

Applicant vs. Sedgwick CMS, Sedgwick CMS

This case concerns a Petition for Removal filed by an applicant. The Workers' Compensation Appeals Board (WCAB) denied the petition, finding that the applicant failed to demonstrate substantial prejudice or irreparable harm. The WCAB also determined that reconsideration would be an adequate remedy should an adverse final decision be issued. Therefore, the Board adopted the WCJ's report and denied removal as an extraordinary remedy.

Petition for RemovalExtraordinary RemedySubstantial PrejudiceIrreparable HarmReconsiderationAdequate RemedyWCJ ReportAdopt and IncorporateDenial of RemovalAppeals Board
References
Case No. ADJ11377591
Regular
Feb 10, 2023

MARIA ANDRADE (Deceased) vs. DELTA AIRLINES, ACE AMERICAN INSURANCE COMPANY, SEDGWICK CMS

This case involved a worker's compensation settlement for Maria Andrade against Delta Airlines, which was submitted for approval shortly before Ms. Andrade's death. The Workers' Compensation Appeals Board (WCAB) denied reconsideration of the administrative law judge's (WCJ) order finding the Compromise and Release (C&R) agreement unenforceable. The WCAB adopted the WCJ's reasoning, which concluded that the applicant's death before the C&R was approved constituted a material change in circumstances, rendering the agreement invalid as liability for future medical care ceased. The Board cited precedent emphasizing their discretion in approving C&Rs and highlighted that the settlement primarily addressed future medical care that would no longer be needed.

Workers Compensation Appeals BoardPetition for ReconsiderationDenying PetitionDelta AirlinesACE AMERICAN INSURANCE COMPANYSEDGWICK CMSAdjudication NumberWorkers' Compensation Administrative Law JudgeOpinion and OrderCompromise and Release
References
Case No. ADJ1760143
Regular
Aug 12, 2010

JAMES FREDRICKSON vs. FOSTER LUMBER YARD, HARTFORD FIRE INSURANCE COMPANY, SEDGWICK CMS a.k.a. SEDGWICK SACRAMENTO

This order denies reconsideration of a Workers' Compensation Appeals Board decision. The Board adopted the WCJ's report as the basis for denial. The Board also retroactively deemed the petition timely filed due to administrative oversight preventing earlier review. The petition for reconsideration is therefore denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeLab. Code§ 5909Due ProcessTimely FiledShipley v. WCABState Farm Fire and Casualty v. WCAB (Felts)Denial of Reconsideration
References
Case No. ADJ7182186
Regular

EULISES MENDEZ vs. ALBERTSON'S, SEDGWICK CMS

The Workers' Compensation Appeals Board (WCAB) dismissed Eulises Mendez's Petition for Reconsideration. This dismissal was based on the principle that reconsideration can only be granted for final orders, not interlocutory procedural rulings. The WCAB clarified that pre-trial orders regarding evidence, discovery, or trial scheduling are not final and thus not subject to reconsideration. The applicant was admonished for filing an improper petition and warned of potential sanctions for future similar conduct.

Petition for ReconsiderationDismissalInterlocutory OrderFinal OrderSubstantive RightLiabilityNotice of IntentionWCABALJLabor Code 5900
References
Case No. ADJ1342611 (VNO 0441003), ADJ1741808 (VNO 0451440), ADJ1305070 (VNO 0443590), ADJ1323906 (VNO 0450865)
Regular
Jan 08, 2014

Mark A. Margolis vs. Albertson, Sedgwick CMS

The Workers' Compensation Appeals Board dismissed a petition for reconsideration filed by the petitioner. This dismissal occurred because the petitioner voluntarily withdrew their petition. The original decision being reconsidered was issued on October 18, 2012. This order officially closes the reconsideration process for that decision.

Petition for ReconsiderationDismissalWithdrawn PetitionWorkers' Compensation Appeals BoardAlbertsonSedgwick CMSMark MargolisOctober 18 2012 decisionADJ1342611VNO 0441003
References
Case No. ADJ7705383
Regular
Dec 11, 2012

RICHARD CARRILLO vs. MANPOWER, SEDGWICK CMS

In this workers' compensation case, the applicant, Richard Carrillo, filed a petition for reconsideration of a July 5, 2012 decision. However, the petitioner subsequently withdrew their petition for reconsideration. Consequently, the Workers' Compensation Appeals Board issued an order dismissing the petition.

Petition for ReconsiderationDismissalWithdrawnWorkers' Compensation Appeals BoardManpowerSedgwick CMSApplicantDecisionSanta Ana District OfficeADJ7705383
References
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