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

Case No. ADJ4189587
Regular
Mar 24, 2017

VERA ZAY vs. STUART ANDERSON'S BLACK ANGUS, CHUBB GROUP INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board denied Vera Zay's petition for reconsideration in the case against Stuart Anderson's Black Angus. The Board adopted and incorporated the reasoning of the workers' compensation administrative law judge's report. Additionally, the Board admonished defense counsel for violating page limits, citing non-existent evidence, and raising new issues on reconsideration, warning of potential sanctions.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationAdministrative Director Rule 10205.12(10)Page-limit requirementEvidence not in the recordNew issues on reconsiderationSanctionsLab. Code§ 5813Cal. Code Regs.
References
Case No. SDO 0322942
Regular
Jan 31, 2008

ROBERT WEIS vs. VULCAN MATERIALS COMPANY, ZURICH NORTH AMERICA

The applicant claims an admitted industrial spinal injury caused his umbilical hernia, but the WCJ denied benefits for the hernia, finding it nonindustrial. The applicant argues the Qualified Medical Evaluator's opinion supports industrial causation for the hernia, contradicting the defense. The Appeals Board granted reconsideration to obtain a report from the WCJ regarding this contested issue.

Workers' Compensation Appeals BoardVulcan Materials CompanyZurich North AmericaRobert Weisindustrial injuryspineherniaumbilical herniatruck driverqualified medical evaluator
References
Case No. ADJ1666303
Regular
Oct 21, 2011

ALTHEA RUSSELL vs. SECURITAS SECURITY SERVICES, BROADSPIRE

This case involves a supplemental award of attorney's fees to the applicant's attorneys, Charles Clark and Stuart Barth, following a successful defense against the defendant's petition for writ of review. The Court of Appeal remanded the matter to the Workers' Compensation Appeals Board (WCAB) to make this supplemental award under Labor Code § 5801. The WCAB reviewed the fee requests and, after disallowing fees for a separate sanctions motion, awarded Clark $2,800.00 and Barth $1,207.50 for their appellate services.

Labor Code § 5801supplemental attorney's feeswrit of reviewpetition for writ of reviewreasonable feeattorney servicesWorkers' Compensation Appeals BoardSecuritas Security ServicesBroadspireCourt of Appeal
References
Case No. ADJ7534183
Regular
Sep 13, 2013

RITA RODRIGUEZ vs. TEAMSTERS UNION LOCAL # 890, STATE COMPENSATION INSURANCE FUND

This Workers' Compensation Appeals Board order dismisses a petition for reconsideration because it was filed against an interlocutory order. Reconsideration is only permissible for final orders that determine substantive rights and liabilities. The previous order directing liens to be "paid, adjusted or litigated" did not resolve substantive issues. Therefore, the petition was dismissed as the order was not final and appealable.

Petition for ReconsiderationFinal OrderInterlocutory OrderSubstantive RightsLiabilitiesLiensPaidAdjustedLitigatedMaranian
References
Case No. ADJ2496388 (AHM 0127594)
Regular
Nov 02, 2009

Janie Stuart vs. OWENS ILLINOIS; Permissibly SelfInsured, Administered by GALLAGHER BASSETT

Attorney's fees and costs granted to Janie Stuart's attorney, Ullasini Joy Dholakia, in the amount of $2,100.00 and $116.20 respectively.

Workers' Compensation Appeals BoardLabor Code Section 5801Supplemental Attorney's FeesPetition for Writ of ReviewReasonable Attorney's FeesCostsOwens IllinoisGallagher BassettUllasini Joy DholakiaDholakia & Associates
References
Case No. ADJ7079625
Regular
Apr 16, 2012

NOEL MORTON vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS, Legally Uninsured, SCIF STATE EMPLOYEES ROHNERT PARK

The Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration of an Amended Findings and Award. This decision was made due to statutory time constraints and the need for further study of the factual and legal issues. The WCAB intends to thoroughly review the record to issue a just and reasoned decision, and all future filings must be submitted in writing to the Board's Commissioners.

Workers' Compensation Appeals BoardNoel MortonState of California Department of CorrectionsLegally UninsuredSCIFPetition for ReconsiderationAmended Findings and AwardReconsideration GrantedDecision After ReconsiderationOffice of the Commissioners
References
Case No. ADJ8-481702
Regular
May 30, 2017

SALVATORE PUCCIO vs. ONLINE GRAPHICS AND FINISHING, EMPLOYERS COMPENSATION INSURANCE COMPANY

This case involves a worker who suffered orthopedic injuries from a fall and subsequently had a stroke in the hospital. The Appeals Board granted reconsideration, finding the stroke to be a compensable consequence of the industrial injury. This was based on the expert opinion that the necessity to withhold anticoagulation medication due to the orthopedic injuries directly increased the risk of the stroke. Therefore, the Board amended the original order to include the stroke as industrially caused, remanding the case for further proceedings.

Salvatore PuccioOnline Graphics and FinishingEmployers Compensation Insurance CompanyADJ8-481702Petition for ReconsiderationCompensable ConsequenceIndustrial InjuryAtrial FibrillationCerebral Vascular AccidentAnticoagulant Therapy
References
Case No. ADJ1337418 (GOL 0091701) ADJ850408 (GOL 0091702)
Regular
May 26, 2009

DAWAYNE MOGENSEN vs. SANTA YNEZ RIVER WATER DISTRICT, ACWA/JOINT POWERS INSURANCE AUTHORITY

This case concerns an applicant's claim for reimbursement for an orthopedic bed following a stipulated award for future medical treatment for industrial neck and back injuries. The applicant's treating physician supported the need for the bed for pain relief and improved sleep. However, the Agreed Medical Evaluator (AME) opined that there was no evidence-based research to support the medical necessity of such a bed, which the majority decision followed. The dissenting opinion argues the AME's opinion was not substantial evidence as it was based on a legally incorrect premise that beds are never compensable, and that the treating physician's recommendation, coupled with the absence of a negative guideline, should have been sufficient.

Workers' Compensation Appeals BoardDawayne MogensenSanta Ynez River Water DistrictACWA/Joint Powers Insurance AuthorityADJ1337418ADJ850408Petition for ReconsiderationFuture Medical TreatmentOrthopedic BedDr. Richard Kahmann
References
Case No. LBO 0286709
Regular
Jul 12, 2007

FREDDIE C. MOSBY, JR. vs. BEST BUY, LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Liberty Mutual Insurance Company's petition for removal, upholding the WCJ's order to exclude the Agreed Medical Evaluator's (AME) reports and depositions. The Board adopted the WCJ's reasoning that the exclusion was appropriate, finding the defendant's arguments regarding ex parte communications and invited error unpersuasive. The case is now returned to the trial level for further proceedings.

Petition for RemovalAgreed Medical Evaluator (AME)Ex Parte CommunicationsInvited ErrorPrejudicialWCJ Report and RecommendationDiscovery Not ClosedTrial LevelWorkers' Compensation Appeals Board (WCAB)Liberty Mutual Insurance Company
References
Case No. ADJ2109115; ADJ3790194; ADJ4103411
Regular
Aug 01, 2013

LETICIA BENAVIDES vs. BON APPETIT DANISH; MACY'S; CHUBB GROUP OF INSURANCE CO.

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The applicant sought penalties and attorney fees for the late payment of a Compromise and Release (C&R) settlement, alleging Chubb Group failed to make timely and correct payment. The Board found that the delay was due to a single instance of human error involving an incorrect address on the C&R, which was promptly corrected upon discovery. The applicant also contributed to the delay by not notifying Chubb of the non-receipt of payment for over three months. Therefore, the Board concluded there was no unreasonable delay justifying penalties.

Workers Compensation Appeals BoardPetition for ReconsiderationDeniedWCJ ReportDefective VerificationCured VerificationSupplemental PetitionCompromise and ReleaseLate PaymentChubb Group
References
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