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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. ADJ6704462
Regular
Sep 26, 2013

GÉRARDO ALVAREZ vs. SC ASSOCIATES, INC., STATE COMPENSATION INSURANCE FUND

This case involves a defendant's petition for removal challenging an order for supplemental medical reports. The Appeals Board denied removal, holding that the WCJ acted appropriately in allowing QME reports to be supplemented due to potential deficiencies in their adherence to regulations concerning the review of prior medical records and reporting of information considered. The Board found that the alleged non-compliance with specific procedural rules related to report preparation does not automatically render the reports inadmissible, and that further development of the record is permissible when no substantial evidence exists. Furthermore, the defendant failed to demonstrate irreparable harm or substantial prejudice required for the extraordinary remedy of removal.

Petition for RemovalOrder Re Supplemental ReportsDr. Ronald ZlotolowDr. Noel LustigQME reportsLabor Code Section 4628WCAB Rule 10606medical-legal reportinadmissibilityprior medical records
References
Case No. ADJ3080176 (LAO 0871214)
Regular
Sep 14, 2018

ROSS ISAACS vs. DOUG APATOW AGENCY, INC., STATE COMPENSATION INSURANCE FUND

The Appeals Board denied defendant's petition for removal, upholding the WCJ's order allowing the deposition of the Agreed Medical Evaluator (AME), Dr. Berman. Defendant argued the deposition was improper because Dr. Berman's prior reports were stricken from the record. However, the Board found no substantial prejudice or irreparable harm, noting the order permitted further record development. The Board clarified that even if Dr. Berman's reports were considered stricken, the WCJ could still develop the record by seeking supplemental information from the AME.

Removal petitionAgreed Medical EvaluatorOtorhinolaryngologyMinute OrderPetition to StrikeOrder Taking Case Off CalendarSupplemental medical reportsDepositionSubstantial prejudiceIrreparable harm
References
Case No. ADJ2036926 (FRE 0233858) ADJ1097945 (FRE 0233859)
Regular
Sep 16, 2010

LINDLA PINI vs. COUNTY OF FRESNO, YORK INSURANCE SERVICES GROUP, INC.

The Workers' Compensation Appeals Board granted the defendant's petition for removal, rescinding the judge's order to take the cases off calendar. The judge had determined further medical evidence was needed before trial, but the Board found this premature, as no evidence had yet been admitted. The Board stated that the necessity of augmenting the medical record can only be established after trial or submission for decision, not beforehand. The cases were returned to the trial level to be set for trial, with the judge retaining the power to supplement the record if necessary post-trial.

removalrescinded orderoff calendarmedical record developmentAlmaraz/Guzmansubstantial medical evidencesupplemental reportAME depotrial exhibitsmandatory settlement conference
References
Case No. ADJ8843441
Regular
Oct 16, 2013

AUSTIN KWOMO vs. LOS ANGELES METROPOLITAN TRANSIT AUTHORITY

The Appeals Board granted the defendant's Petition for Removal, rescinding the WCJ's order to take the case off calendar. The Board found the WCJ prematurely ordered further medical record development before trial or submission for decision. Therefore, the case is returned to the trial level for proceedings consistent with *McDuffie*, with the WCJ retaining discretion to supplement the record *after* trial if necessary. The petition for disqualification of the WCJ was denied.

Petition for RemovalOrder Off CalendarFurther Development of RecordMedical OpinionsThreshold MatterTrialSubmission for DecisionExhibitsWitnessesSupplementation of Medical Record
References
Case No. MON 254928
Significant
Feb 25, 2002

James McDuffie, Applicant vs. Los Angeles County Metropolitan Transit Authority, Permissibly Self-Insured, c/o Constitution State Service Company

The Board holds that where the medical record requires further development after trial, the preferred procedure is to first seek supplemental opinions from the physicians who have already reported in the case before considering the appointment of a new medical examiner.

En Banc DecisionMedical Record DevelopmentSupplemental OpinionsAgreed Medical Evaluator (AME)Qualified Medical Evaluator (QME)Court Appointed Medical EvaluatorFurther DevelopmentApportionmentPermanent DisabilityBus Operator
References
Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ6916816
Regular
Feb 05, 2013

SARAH HOAGLAND vs. COUNTY OF YUBA

This case concerns a workers' compensation applicant, Sarah Hoagland, who was ordered to produce business records and tax returns. The Appeals Board granted her Petition for Removal, ruling that her tax returns are privileged and cannot be compelled. However, Hoagland must produce her business records, though she may seek protective orders for third-party privacy concerns or request in-camera review. Charity records were deemed outside the subpoena's scope and require a more specific demand.

Petition for RemovalSubpoena Duces TecumTax Records PrivilegeRevenue and Taxation Code Section 19282Webb v. Standard Oil Co.Schnabel v. Superior CourtPublic Policy ExceptionConfidential Financial InformationThird-Party Privacy RightsProtective Order
References
Case No. ADJ10939613, ADJ11371215
Regular
Jan 22, 2019

BRIAN COLLINS vs. CITY OF VACAVILLE, INNOVATIVE CLAIMS SOLUTIONS, INC.

The Workers' Compensation Appeals Board granted removal, rescinding an order that quashed subpoenas for an applicant's former employer personnel and medical records. The Board found that Evidence Code sections 1043-1046, which govern discovery of police personnel records, are not applicable to routine workers' compensation discovery. Filing a workers' compensation claim places the applicant's medical condition at issue, making these records essential for the defense. Therefore, requiring strict adherence to the *Pitchess* procedure would be an absurd procedural hurdle in this context.

Workers' CompensationPetition for RemovalQuashed SubpoenasPolice Officer Personnel RecordsEvidence Code Sections 1043-1046Penal Code Sections 832.7-832.8Pitchess MotionRoutine DiscoveryMedical RecordsPersonnel Records
References
Case No. MON 0306639
Regular
Aug 09, 2007

Eugene Minet vs. QWEST COMMUNICATIONS

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior order due to an inadequate trial record, noting that findings of industrial injury must be supported by substantial medical evidence. The Board emphasized that medical reports were disorganized and not properly admitted as exhibits, and that lay testimony alone is insufficient for establishing cumulative trauma. The case is returned to the trial judge for further proceedings to create a proper record and a new decision.

Workers' Compensation Appeals BoardQwest CommunicationsFindings of Fact and Orderorthopedic injuryvision injurycumulative injurypreponderance of the evidencemedical recordneutral orthopedic physiciantrial record
References
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