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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. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ8656037
Regular
Mar 18, 2019

STERLING FORBES vs. HARLEM GLOBETROTTERS, TRAVELERS DALLAS

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to study factual and legal issues in Sterling Forbes' case against Harlem Globetrotters and Travelers. However, the parties have since negotiated a settlement. Consequently, the WCAB has rescinded the WCJ's August 22, 2017 Findings and Award. The case is returned to the trial level for the WCJ to determine the reasonableness of the proposed settlement.

Workers' Compensation Appeals BoardReconsiderationSettlementFindings and AwardRescindedReturned to Trial LevelWCJReasonableness of SettlementNegotiated SettlementInjured Worker
References
Case No. ADJ7035398
Regular
Mar 10, 2010

ANDREW MERLOS vs. COCA COLA ENTERPRISES, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

Defendant Coca Cola Enterprises petitioned for removal of a WCJ's order requiring an adjuster to appear in person at trial with settlement authority. Defendant argued the adjuster was in Ontario, travel was costly, settlement authority was present at the MSC, and the order denied due process. The Appeals Board granted removal, finding the order would not facilitate settlement and the expense was unjustified given the parties' positions. The Board amended the order to allow the adjuster to appear by telephone with settlement authority.

Workers' Compensation Appeals BoardPetition for RemovalOrder to AppearSettlement AuthorityMandatory Settlement ConferenceDue ProcessQualified Medical EvaluationPermanent DisabilityTrial AppearanceTelephone Appearance
References
Case No. ADJ4364152
Regular
Oct 14, 2008

PATRICIA A. NEWTON vs. SBC PACIFIC BELL

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior July 30, 2008 Joint Findings and Order because the applicant's attorney informed the Board that the case was being settled. The case is remanded to the trial level, where the WCJ will either re-issue the original decision if settlement is not finalized within 30 days, or proceed with settlement approval or other appropriate action if settlement papers are timely filed. This order allows the parties to finalize their settlement while preserving their rights.

ReconsiderationRescinded OrderRemandedTrial LevelSettlementTentative SettlementWCJJoint Findings and OrderFinalized SettlementAdministrative Law Judge
References
Case No. VNO 0472333
Regular
Jul 30, 2007

LIBORIO LOPEZ vs. SPEARS MANUFACTURING COMPANY, ZENITH NORTH AMERICA

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior order imposing sanctions against the defendant for allegedly failing to have settlement authority at a mandatory settlement conference. The Board found that while the defendant's refusal to settle was noted, it did not constitute a frivolous or bad-faith action warranting sanctions under Labor Code section 5813. The petition for removal was also denied.

Mandatory settlement conferencePetition for removalSanctionsLabor Code section 5813Agreed medical evaluatorWCAB Rule 10843WCAB Rule 10561WCAB Rule 10563Settlement authorityDisqualification of WCJ
References
Case No. ADJ4197101 (GOL 0096890)
Regular
Jun 21, 2010

DAVID HENKEL vs. WEYRICK COMPANIES, INC., STATE COMPENSATION INSURANCE FUND

The Appeals Board granted the defendant's petition for removal and rescinded the Order to Show Cause re: Sanctions. The Board found the WCJ's order compelling the claims adjuster's attendance at a Mandatory Settlement Conference with only 90 minutes notice and a 47-mile commute was unreasonable and violated due process. While the WCJ has authority to order appearances, the manner of the order and the lack of reasonable notice rendered the subsequent sanction order an excess of authority. The Board concluded that the adjuster's failure to appear under these circumstances did not constitute bad-faith tactics.

Workers' Compensation Appeals BoardPetition for RemovalOrder to Show Cause re: SanctionsMandatory Settlement ConferenceClaims AdjusterCompelling AttendanceReasonable NoticeDue ProcessExcess of AuthoritySettlement Negotiations
References
Case No. ADJ2904305 (GOL 0095697) ADJ1827151 (GOL 0095698)
Regular
Aug 02, 2010

GUADALUPE CARRILLO vs. SAN ANTONIO VILLAGE HOA, STATE FARM INSURANCE COMPANIES

The Workers' Compensation Appeals Board denied a lien claimant's petition for reconsideration regarding a disallowed lien balance of $9,349.46. The claimant, a doctor, failed to obtain required written authorization for work hardening services billed under CPT Code 97545. Despite a claim of verbal authorization and a general request for multiple modalities, the Board found the lack of specific written authorization for the disputed services to be determinative. Therefore, the administrative law judge's disallowance of the lien balance was upheld.

Workers' Compensation Appeals BoardLien claimantPetition for ReconsiderationCompromise and ReleaseWork hardeningWork conditioningCPT Code 97545Prior authorizationVerbal authorizationWritten authorization
References
Case No. ADJ7083577
Regular
Aug 02, 2012

JULIO BARRERA vs. ZARCOS TRUCKING, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded the trial judge's decision, returning the case for further proceedings. This action was based on the WCAB's finding that the lien claimant failed to comply with Rule 10562 by not having a person with settlement authority present by telephone during a conference. The WCAB clarified that telephone appearance alone is insufficient; a representative must appear in person or by attorney, and settlement authority must be available. This is not a final decision on the merits, and parties retain rights for future reconsideration.

Workers' Compensation Appeals BoardZarcos TruckingState Compensation Insurance FundADJ7083577Opinion and Order Granting ReconsiderationDecision After ReconsiderationWorkers' Compensation Administrative Law JudgeWCJLien ClaimantWCAB Rule 10562
References
Case No. ADJ1702197
Regular
Oct 01, 2012

LUIS CARDOZO vs. KOOS FASHION dba CDK FASHION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied a lien claimant's petitions for reconsideration, removal, and disqualification of the administrative law judge. The claimant, Beverly Hills Center for Arthroscopic and Outpatient Surgery, argued the judge improperly approved a global settlement for $375,000, claiming duress, lack of due process, and inadequate compensation. The Board found the WCJ's reports adequately addressed these contentions and upheld the settlement approval.

Lien ClaimantReconsiderationRemovalDisqualificationWCJGlobal SettlementDuressDue ProcessAdequate CompensationBias
References
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