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

Case No. ADJ408647 (FRE 0248555)
Regular
Apr 26, 2013

PATROCINA RAMSEY vs. SKYWEST AIRLINES, SEDGWICK CLAIMS MANAGEMENT

The Workers' Compensation Appeals Board granted reconsideration in *Ramsey v. Skywest Airlines* and amended the prior decision. Specifically, the first paragraph of the "Orders" from the February 14, 2013 decision was rescinded. The matter was then returned to the trial level for further proceedings regarding potential sanctions.

Patrocina RamseySkyWest AirlinesSedgwick Claims ManagementADJ408647FRE 0248555Workers' Compensation Appeals BoardOpinion and Order Granting ReconsiderationDecision After ReconsiderationWCJsanctions
References
Case No. ADJ7850702
Regular
May 04, 2012

MARTA BLACHOWICZ vs. SKYWEST AIRLINES, SEDGWICK CLAIMS MANAGEMENT SERVICES

In this workers' compensation case, the defendant, Skywest Airlines, sought reconsideration of a February 21, 2012 decision. They claimed a mutual mistake in the mathematical calculation of permanent disability and asserted the stipulation for a job displacement voucher did not reflect the parties' true agreement. The applicant countered that the stipulation was a good-faith negotiated settlement. The Administrative Law Judge recommended denying reconsideration, finding the defendant failed to demonstrate mutual mistake. Ultimately, the Petition for Reconsideration was dismissed as withdrawn by the petitioner.

Workers Compensation Appeals BoardPetition for ReconsiderationDismissalSkywest AirlinesSedgwick Claims Management ServicesSan Luis ObispoPetition to Set AsideStipulated AwardMutual MistakeMathematical Error
References
Case No. ADJ3235467
Regular
Jul 13, 2012

Carlos Garcia vs. Skywest Airlines, American Home Assurance Company, ; Sedgwick CMS

Applicant Carlos Garcia's petition for reconsideration of the May 8, 2012 decision by the Workers' Compensation Appeals Board (WCAB) has been withdrawn by the petitioner. Consequently, the WCAB has issued an order dismissing this petition. The dismissal is based solely on the petitioner's withdrawal. The case number for this matter is ADJ3235467.

Petition for ReconsiderationWithdrawn PetitionDismissal OrderWorkers' Compensation Appeals BoardSkywest AirlinesAmerican Home Assurance CompanySedgwick CMSCase Number ADJ3235467LAO 0861706May 8 2012 Decision
References
Case No. ADJ9343159, ADJ1368987 (MON0362038)
Regular
Sep 15, 2017

JAMES ISAAC vs. UNITED AIRLINES

The Workers' Compensation Appeals Board (WCAB) dismissed United Airlines' petition as procedurally improper. United Airlines filed a "Petition to Set Aside Order Approving Compromise and Release" instead of the correct "Petition for Reconsideration." The WCAB will return the matter to the Workers' Compensation Judge (WCJ) to address United Airlines' original petition. This ruling does not substantively rule on the merits of setting aside the compromise and release.

Petition to Set AsideOrder Approving Compromise and ReleasePetition for ReconsiderationWorkers' Compensation Appeals BoardWCJDismissedGallagher Bassett ServicesUnited AirlinesADJ9343159ADJ1368987
References
Case No. AHM 0077308 AHM 0075910
Regular
Jul 30, 2007

CLIFFORD GAMBLE vs. UNITED AIRLINES, GALLAGHER BASSETT SERVICES, ET AL.

The Workers' Compensation Appeals Board (WCAB) dismissed United Airlines' petition for reconsideration as untimely filed. United Airlines sought to clarify VRMA liability, arguing it shouldn't extend to periods the applicant interrupted rehabilitation services. The WCAB found no bad faith or frivolousness, noting the petition was a reasonable attempt to clarify a potential ambiguity in the original decision.

Workers' Compensation Appeals BoardUnited AirlinesGallagher Bassett ServicesClifford GamblePetition for ReconsiderationDecision After RemittiturVocational Rehabilitation Maintenance AllowanceVRMAQualified Injured WorkerTimely Filing
References
Case No. ADJ6721897
Regular
May 15, 2012

ERIC BOLDEN vs. UNITED AIRLINES

The Workers' Compensation Appeals Board granted reconsideration of the WCJ's decision in the case of Bolden v. United Airlines. The Board rescinded the WCJ's prior decision and returned the matter for further proceedings and a new decision. This action is not a final determination of the case's merits. Both parties retain their rights regarding future appeals.

Petition for ReconsiderationWCJ's ReportGrant ReconsiderationRescind DecisionFurther ProceedingsDecision After ReconsiderationTrial LevelWorkers' Compensation Appeals BoardEric BoldenUnited Airlines
References
Case No. SAC 289384
Regular
Apr 04, 2008

NICK MILIVOJEVICH vs. UNITED AIRLINES

This case involves a clerical error in a prior award of attorney's fees for applicant Nick Milivojevich against United Airlines. The Workers' Compensation Appeals Board corrected the award to reflect the correct appellate attorney's fees of $\$ 6,050.00$ and disallowed costs, maintaining its continuing jurisdiction to rectify such errors. The corrected award is payable to Farrell, Fraulob & Brown, A Professional Corporation.

Workers' Compensation Appeals BoardClerical ErrorOpinion and AwardAttorney's FeesAppellate Attorney's FeesCostsContinuing JurisdictionToccalinoMorganUnited Airlines
References
Case No. ADJ8490774
Regular
Jan 06, 2014

JAIME ROSPIGLIOSI vs. UNITED AIRLINES

The Workers' Compensation Appeals Board (WCAB) denied United Airlines' petition for removal. The defendant's request for a new Qualified Medical Examiner (QME) was denied because the original QME selection process was valid and timely. The WCAB found the petition lacked merit, bordered on frivolous, and admonished defense counsel for failing to include their State Bar number. The existing QME's reports will stand, and the case will proceed without further delay.

Petition for RemovalWCABUnited AirlinesGallagher Bassett ServicesPQMEPanel QMEDr. CremetaMedical Unit8 CCR 30(b)duplicative request
References
Case No. ADJ6909532
Regular
Mar 01, 2010

TRINA HOLA vs. SOUTHWEST AIRLINES, PSI

The Workers' Compensation Appeals Board (WCAB) considered a Petition for Removal filed by Trina Hola against Southwest Airlines. The WCAB reviewed the petition and the administrative law judge's report. Based on their review and the judge's report, the WCAB denied the Petition for Removal.

Petition for RemovalWorkers' Compensation Appeals BoardSouthwest AirlinesXchangingadministrative law judge reportdeny removalTRINA HOLAADJ6909532unassigned district officejudicial review
References
Case No. ADJ526691 (LBO 0329338) ADJ3636578 (VNO 0535001)
Regular
Oct 22, 2019

JITKA VAN DYNE-PARMET vs. UNITED AIRLINES, INC.

The Workers' Compensation Appeals Board granted reconsideration to United Airlines regarding a 100% permanent disability award for Jitka Van Dyne-Parmet. Defendant argued the award improperly added multiple disabilities instead of combining them per the applicable rating schedule. The Board rescinded the award due to an inadequate trial record lacking clear stipulations and admitted evidence. The case is returned to the trial level to prepare a proper record for a new decision.

Workers' Compensation Appeals BoardUnited AirlinesPermissibly Self-InsuredSedgwick Claims Management ServicesPetition for ReconsiderationFindings of Fact and AwardPermanent DisabilityAgreed Medical ExaminersMultiple Disabilities Table1997 Rating Schedule
References
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