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

Case No. ADJ7699249
Regular
Jan 09, 2012

DEREK DEMUN vs. SQUAW VALLEY SKI CORP.

This case involved applicant Derek Demun's workers' compensation claim against Squaw Valley Ski Corp. and its insurer, Safety National Casualty Corp. The Appeals Board granted reconsideration, amending the prior decision. The amendment clarifies that the applicant is entitled to 24-hour home health care for the first 60 days post-hospitalization, followed by indefinitely eight hours per day, provided by his parents. The Board also affirmed the award of central air conditioning and heating for the applicant's home.

Workers' Compensation Appeals BoardDerek DemunSquaw Valley Ski Corp.Safety National Casualty Corp.Matrix Absence ManagementInc.ReconsiderationWCJ reportHome health careCraig Hospital
References
Case No. ADJ460672 (SFO 0499592), ADJ1224818 (SFO 0499593)
Regular
May 03, 2012

HAMID KHAZAELI vs. SPEDIA.COM INC. and SYSMASTER CORP., GREAT AMERICAN INSURANCE COMPANY

This case involves an applicant, Hamid Khazaeli, who filed a petition with the Workers' Compensation Appeals Board (WCAB). The petition sought reconsideration, removal, disqualification, and to compel testimony from judicial officers. The WCAB, adopting the recommendation of the administrative law judge, has dismissed Khazaeli's petition. Therefore, the applicant's request for further review and action is denied.

ADJ460672ADJ1224818SFO 0499592SFO 0499593Spedia.com Inc.Sysmaster Corp.Great American Insurance CompanyPetition for ReconsiderationPetition for RemovalDisqualification
References
Case No. ADJ460672 (SFO 0499592) ADJ1224818 (SFO 0499593)
Regular
Jul 07, 2010

HAMID KHAZAELI vs. SPEDIA.COM INC. and SYSMASTER CORP., GREAT AMERICAN INSURANCE COMPANY

This case concerns applicant Hamid Khazaeli's repeated, unsuccessful attempts to challenge an administrative order allowing defendant Sysmaster Corp.'s law firm to withdraw. The Appeals Board dismissed Khazaeli's petitions for reconsideration and removal, finding the order was procedural and did not affect his substantive rights or cause irreparable harm. The Board noted Khazaeli's history of filing frivolous petitions that delay proceedings and warned of sanctions and a potential vexatious litigant declaration if such behavior continues.

WCABPetition for ReconsiderationPetition for RemovalLaw Firm DismissalAttorney of RecordIndustrial InjurySales RepresentativeCumulative TraumaAdministrative Law JudgeEAMS
References
Case No. ADJ4532675
Regular
Sep 29, 2010

PAUL BLADEN vs. LUMEI OPTOELECTRONICS CORP.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to further study the case of Paul Bladen v. Lumei Optoelectronics Corp. After reviewing the record and the WCJ's report, the WCAB has decided to deny the petition for reconsideration. The WCAB adopted the factual and legal reasoning of the WCJ's report in its decision. Therefore, the petition for reconsideration was denied.

Appeals BoardReconsiderationDeniedOpinion and DecisionWCJ ReportPetition for ReconsiderationFactual and Legal IssuesWorkers' CompensationAdministrative Law JudgePaul Bladen
References
Case No. ADJ3512142 (MON 0288509)
Regular
Jan 12, 2009

JOSE LUIS LARA vs. BRATIFF HOME CORP. dba METRO DINER and SCOTT BROFFMAN as substantial shareholder; UNINSURED EMPLOYERS BENEFIT TRUST FUND

The Appeals Board reversed the WCJ's finding that the applicant was an employee of Metro Diner on the date of injury, concluding that he was an independent contractor.

Workers' Compensation Appeals BoardBratiff Home Corp.Metro DinerScott BroffmanUninsured Employers Benefit Trust FundADJ3512142MON 0288509Opinion and Order Granting ReconsiderationDecision After ReconsiderationAdministrative Law Judge
References
Case No. ADJ2263859 (LBO 0377745)
Regular
Feb 02, 2015

GUADALUPE MONTANO vs. COUNTRYWIDE FINANCIAL CORP., ACE USA/ESIS

In *Montano v. Countrywide Financial Corp.*, the Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration. The WCAB adopted the findings of the administrative law judge's report. The petition was dismissed solely because it was untimely filed.

Petition for ReconsiderationDismissedUntimelyWorkers' Compensation Appeals BoardAdministrative Law JudgeReport and RecommendationRecord ReviewIncorporated ReportPermissibly Self-InsuredAdjusted by ACE USA/ESIS
References
Case No. ADJ4387448 (SJO 0267422)
Regular
Aug 03, 2010

BALGOVIND SHARMA vs. LAM RESEARCH CORP., MATRIX SAN JOSE

This case concerns applicant Balgovind Sharma's claim for workers' compensation penalties against Lam Research Corp. and Matrix San Jose for alleged unreasonable delay in authorizing medical treatment. Following a stipulation on August 4, 2009, which agreed to authorize specific treatments, applicant sought penalties for sixteen prior, unaddressed treatment requests. The Workers' Compensation Appeals Board (WCAB) affirmed the trial judge's decision, finding that applicant did not "expressly exclude" penalty claims from the stipulation as required by Labor Code section 5814(c). Consequently, all accrued penalty claims, including those not specifically mentioned in the stipulation, were conclusively presumed resolved by the stipulation.

ADJ4387448Lam Research Corp.Matrix San JoseBalgovind SharmaReconsiderationStipulationMedical treatment authorizationPetition for PenaltyUnreasonable DelaySection 5814(c)
References
Case No. ADJ1491093 (MON 0109851) ADJ686324 (MON 0281527)
Regular
Oct 11, 2010

ANGELICA GABRIELLA vs. TAD TECHNICAL SERVICE CORP., LIBERTY MUTUAL 29073 GLENDALE

This case involves an applicant seeking reconsideration from the Workers' Compensation Appeals Board (WCAB) regarding their workers' compensation claim against TAD Technical Service Corp. and Liberty Mutual. The WCAB reviewed the applicant's petition and the findings of the workers' compensation administrative law judge. Finding no grounds for reversal, the WCAB denied the petition for reconsideration. The order adopts and incorporates the judge's reasoning, upholding the original decision.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationWCJ reportADJ1491093ADJ686324DENYING RECONSIDERATIONANGELICA GABRIELLATAD TECHNICAL SERVICE CORP.LIBERTY MUTUALRONNIE G. CAPLANE
References
Case No. VEN 0115536
Regular
Aug 04, 2008

ROBERT FROELICH vs. CONTRACTORS LABOR POOL, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCATION, RELIANCE NATIONAL INSURANCE CO., GM NORTHROP CORP., NATIONAL FIRE INSURANCE COMPANY OF HARTFORD

This case concerns a dispute over workers' compensation liability following an industrial injury sustained by an employee who was a general employee of Contractors Labor Pool (insured by insolvent Reliance) and a special employee of GM Northrup Corp. The Workers' Compensation Appeals Board granted reconsideration to reverse a prior finding, determining that National Fire Insurance Company's policy for GM Northrup Corp. constituted "other insurance." Consequently, National Fire Insurance Company is now liable for the applicant's benefits, and the California Insurance Guarantee Association is not liable as the claim is not a "covered claim."

CIGAReliance National InsuranceNational Fire Insurance Companycovered claimsother insurancegeneral employerspecial employerjoint and several liabilitypolicy constructionInsurance Code section 1063.1
References
Case No. VNO 452114, VNO 452108
Regular
Aug 17, 2007

AURELIA SANCHEZ vs. PARACELSUS HEALTH CORP.

The Appeals Board granted reconsideration of the WCJ's decision, finding that the Agreed Medical Examiner's (AME) opinion regarding the applicant's neck injury was not substantial evidence. This was due to the AME's failure to review relevant medical records and consider the applicant's subsequent neck surgery. The case is returned to the trial level for further development of the record, including potentially obtaining a supplemental opinion from the AME or appointing a new medical examiner.

Workers Compensation Appeals BoardAurelia SanchezParacelsus Health Corp.industrial injurybilateral handswristsneck injuryorthopedic agreed medical examinerAMEDr. Jeffrey A. Berman
References
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