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Case Law Database

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

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. 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 The Board rescinded prior findings and substituted new ones, clarifying liability for medical treatment and benefits.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. ADJ1332416 (WCK 0031685), ADJ3521523 (WCK 0322592), ADJ4017994 (WCK 0029276)

Regular

May 16, 2014

PAMELA ZEILSTRA vs. TARGET STORES, SEDGWICK CMS

This case involves a Petition for Reconsideration filed by Pamela Zeilstra against Target Stores and Sedgwick CMS. The Workers' Compensation Appeals Board dismissed the petition because it was untimely and not filed from a final order, as required by Labor Code section 5900. The Board clarified that interlocutory procedural orders, which do not determine substantive rights, are not subject to reconsideration. Therefore, the petition was dismissed.

Petition for ReconsiderationUntimely PetitionFinal OrderInterlocutory OrderSubstantive RightLiability DeterminationWCABWorkers' Compensation Appeals BoardAdministrative Law JudgeReport and Recommendation

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. ADJ14346787, ADJ9216939, ADJ10470278

Regular

Mar 03, 2025

DANNY REGALADO vs. COUNTY OF LOS ANGELES, SEDGWICK CMS

The Workers' Compensation Appeals Board has granted both the applicant, Danny Regalado, and the defendant, County of Los Angeles/Sedgwick CMS, petitions for reconsideration regarding a 'Findings, Award, and Order' issued on December 3, 2024. The original F&A addressed industrial injuries to Regalado's lumbar spine (cumulative trauma ending January 15, 2016) and right upper extremity (specific injury on September 20, 2013), awarding temporary and permanent disability benefits. The WCJ admitted errors in the initial ruling, recommending corrections to the temporary disability period for ADJ14346787 and the permanent disability rate for ADJ9216939. A final Decision After Reconsideration is deferred pending further review of the merits of the petitions and the entire record.

ADJ14346787ADJ9216939ADJ10470278Petition for ReconsiderationFindings Award and Ordercumulative traumatemporary disabilitypermanent partial disabilityapportionmentanti-attribution clause

References

Case No. ADJ10286121

Regular

Jan 05, 2017

BETTY JOHNSON vs. SEDGWICK CLAIMS MANAGEMENT SERVICES, SEDGWICK CMS

Defendant sought removal of a trial setting order, claiming prejudice from insufficient discovery due to applicant's failure to disclose prior injuries to overlapping body parts. The Workers' Compensation Appeals Board (WCAB) reviewed the petition and noted that the trial had already occurred. As the parties reached a resolution and entered into stipulations with request for award, the WCAB dismissed the petition for removal as moot.

Petition for RemovalMandatory Settlement ConferenceWorkers' Compensation Appeals BoardPQMETreating DoctorPrior InjuriesOverlapping Body PartsSubstantial PrejudiceIrreparable HarmAdditional Discovery

References

Case No. ADJ392463 LAO 0860641 ADJ3776938 LAO 0860640 ADJ4582098 LAO 0860639

Regular

Aug 13, 2013

RENEE MOE vs. RALPHS GROCERY COMPANY, permissibly self-insured; SEDGWICK CMS, Sedgwick

Here's a summary for a lawyer, in four sentences maximum: The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration because it was filed from a non-final interlocutory order. The WCAB also denied the defendant's petition for removal, adopting the Workers' Compensation Judge's report. The judge had vacated the dismissal of a lien claimant's lien for psychiatric treatment, finding good cause due to the claimant's representative's verified explanation of illness and retirement. The WCAB admonished the defendant for improperly filing the petition, which unnecessarily delayed proceedings.

Petition for ReconsiderationDenial of RemovalFinal OrderSubstantive RightInterlocutory OrderExcusable NeglectLien ClaimantActivation FeeDismissal of LienVacating Dismissal

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. ADJ2147971

Regular

Sep 21, 2012

JOEL DE LEON vs. BIG LOTS; SEDGWICK CMS

This case involves a petition for reconsideration and removal by applicant Joel De Leon against Big Lots and Sedgwick CMS. The Workers' Compensation Appeals Board dismissed the petition for reconsideration because it was not filed from a "final" order that determined substantive rights or liabilities. The Board also denied removal, finding no showing of substantial prejudice or irreparable harm, and adopted the Judge's reasoning. Therefore, the petition was dismissed, and removal was denied.

Petition for ReconsiderationDismissalDenial of RemovalFinal OrderSubstantive RightLiabilityInterlocutory OrderProcedural DecisionEvidentiary DecisionPre-trial Order

References

Showing 1-10 of 1,098 results

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Updated Daily

Case Law Database

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

Case No. ADJ10663212

Regular

Dec 18, 2017

Applicant vs. Sedgwick CMS, Sedgwick CMS

Petition for RemovalExtraordinary RemedySubstantial PrejudiceIrreparable HarmReconsiderationAdequate RemedyWCJ ReportAdopt and IncorporateDenial of RemovalAppeals Board

References

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

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

References

Case No. ADJ1332416 (WCK 0031685), ADJ3521523 (WCK 0322592), ADJ4017994 (WCK 0029276)

Regular

May 16, 2014

PAMELA ZEILSTRA vs. TARGET STORES, SEDGWICK CMS

References

Case No. ADJ1029994 (LBO 0391256)

Regular

Sep 09, 2004

WALTER PEARCE vs. LAIDLAW EDUCATION SERVICES, SEDGWICK CMS

Petition for RemovalDismissalReconsiderationWorkers' Compensation Appeals BoardAdministrative Law Judge ReportLAIDLAW EDUCATION SERVICESSEDGWICK CMSADJ1029994LBO 0391256

References

Case No. ADJ14346787, ADJ9216939, ADJ10470278

Regular

Mar 03, 2025

DANNY REGALADO vs. COUNTY OF LOS ANGELES, SEDGWICK CMS

ADJ14346787ADJ9216939ADJ10470278Petition for ReconsiderationFindings Award and Ordercumulative traumatemporary disabilitypermanent partial disabilityapportionmentanti-attribution clause

References

Case No. ADJ10286121

Regular

Jan 05, 2017

BETTY JOHNSON vs. SEDGWICK CLAIMS MANAGEMENT SERVICES, SEDGWICK CMS

Petition for RemovalMandatory Settlement ConferenceWorkers' Compensation Appeals BoardPQMETreating DoctorPrior InjuriesOverlapping Body PartsSubstantial PrejudiceIrreparable HarmAdditional Discovery

References

Case No. ADJ392463 LAO 0860641 ADJ3776938 LAO 0860640 ADJ4582098 LAO 0860639

Regular

Aug 13, 2013

RENEE MOE vs. RALPHS GROCERY COMPANY, permissibly self-insured; SEDGWICK CMS, Sedgwick

Petition for ReconsiderationDenial of RemovalFinal OrderSubstantive RightInterlocutory OrderExcusable NeglectLien ClaimantActivation FeeDismissal of LienVacating Dismissal

References

Case No. ADJ2655171 (LAO 0886561) ADJ1429155 (LAO 0862514)

Regular

May 22, 2012

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

Workers' Compensation Appeals BoardReconsideration GrantedMcKesson CorporationSedgwick CMSInc.Guillermo HernandezStatutory Time ConstraintsFactual IssuesLegal IssuesJust and Reasoned Decision

References

Case No. ADJ2147971

Regular

Sep 21, 2012

JOEL DE LEON vs. BIG LOTS; SEDGWICK CMS

Petition for ReconsiderationDismissalDenial of RemovalFinal OrderSubstantive RightLiabilityInterlocutory OrderProcedural DecisionEvidentiary DecisionPre-trial Order

References

Showing 1-10 of 1,098 results

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