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

Case No. ADJ6616915, ADJ7949365

Regular

May 29, 2012

MOHAMMAD TAHVILDAR RAZAVI vs. WHOLE FOODS MARKET, INC., ACE AMERICAN INSURANCE COMPANY

This case involves applicant Mohammad Tahvildar Razavi's appeal regarding delays in workers' compensation benefits from Whole Foods Market, Inc. The Appeals Board denied Razavi's petition for reconsideration, affirming its prior decision. The Board found that while there was a delay in paying interest on an attorney fee check, the applicant failed to prove any unreasonable delay in the payment of permanent disability benefits. The Board reiterated that the applicant's contentions were not adequately supported by evidence or specific citations.

WORKERS' COMPENSATION APPEALS BOARDPETITION FOR RECONSIDERATIONDENYGRANTFINDINGS OF FACTAWARDOPINION AND ORDERADMINISTRATIVE LAW JUDGEPERMANENT DISABILITYTEMPORARY DISABILITY

References

Case No. ADJ6616915

Regular

Mar 14, 2011

MOHAMMAD TAHVILDAR-RAZAVI vs. WHOLE FOODS MARKET, INC., ACE AMERICAN INSURANCE COMPANY, GALLAGHER BASSETT

This case involves an applicant seeking reconsideration of a Workers' Compensation Appeals Board decision awarding 6% permanent disability for a right shoulder injury. The applicant argued for an increased award based on various legal interpretations and procedural errors, including improper PQME appointment and calculation of benefits. The Board denied the petition for reconsideration, adopting the WCJ's report. The Board also strongly admonished the applicant's counsel for unprofessional conduct and personal attacks against the WCJ.

Tahvildar-RazaviWhole Foods MarketACE American Insurance CompanyGallagher BassettPetition for ReconsiderationFindings and AwardIndustrial InjuryRight ShoulderPermanent DisabilityOgilvie

References

Case No. ADJ7959067

Regular

Jul 17, 2012

MOJGAN RAZAVY vs. SPHERION CORPORATION, NATIONAL UNION FIRE INSURANCE

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, rescinding the order allowing further discovery. The Board found that discovery should have closed at the mandatory settlement conference on March 7, 2012, as per statute. The judge erred in allowing further discovery without a threshold determination of deficient medical opinions, especially since the case had not yet proceeded to trial or submission. The matter was returned to the trial level for further proceedings, with discovery closed as of the original settlement conference date.

Petition for RemovalOrder Re: DiscoveryMandatory Settlement ConferencePanel Qualified Medical EvaluatorFurther Medical TreatmentPermanent DisabilityDiscovery ClosureThreshold MatterMedical Opinion DeficiencyLabor Code Section 5502(e)(3)

References

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MOHAMMAD TAHVILDAR RAZAVI vs. WHOLE FOODS MARKET, INC., ACE AMERICAN INSURANCE COMPANY

WORKERS' COMPENSATION APPEALS BOARDPETITION FOR RECONSIDERATIONDENYGRANTFINDINGS OF FACTAWARDOPINION AND ORDERADMINISTRATIVE LAW JUDGEPERMANENT DISABILITYTEMPORARY DISABILITY

MOHAMMAD TAHVILDAR-RAZAVI vs. WHOLE FOODS MARKET, INC., ACE AMERICAN INSURANCE COMPANY, GALLAGHER BASSETT

Tahvildar-RazaviWhole Foods MarketACE American Insurance CompanyGallagher BassettPetition for ReconsiderationFindings and AwardIndustrial InjuryRight ShoulderPermanent DisabilityOgilvie

MOJGAN RAZAVY vs. SPHERION CORPORATION, NATIONAL UNION FIRE INSURANCE