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Case Law Database

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

Case No. RIV 0071377 RIV 0071378 RIV 0070878
Regular
Nov 08, 2007

JOSE AYALA vs. CAMPBELL CONCRETE, ARCH INSURANCE COMPANY, AMERICAN HOME ASSURANCE

The Workers' Compensation Appeals Board granted reconsideration of a prior decision but affirmed the administrative law judge's findings, except to correct one finding. Specifically, the Board amended Finding of Fact Number 1 to clarify that the applicant sustained industrial injury to his low back and tailbone, but not to the rest of his spine, on September 16, 2004. The Board otherwise affirmed the original decision that the applicant's injuries caused no permanent disability and no need for further medical care.

Workers' Compensation Appeals BoardPetition for ReconsiderationQualified Medical EvaluatorIndustrial InjuryPermanent DisabilityFurther Medical CareFindings of FactJoint Findings and OrderTreating PhysicianSubstantial Evidence
References
Case No. SJO 0245781
En Banc

Michael A. Willette vs. AU Electric Corporation, State Compensation Insurance Fund

The Workers' Compensation Appeals Board, in an en banc decision, holds that medical treatment disputes for unrepresented employees following a utilization review must be resolved by a panel Qualified Medical Examiner (QME). The reports from the QME, treating physician, and utilization review physician are all admissible. The prior award was rescinded and the case was remanded to follow this procedure.

Workers Compensation Appeals BoardReconsiderationFindings and AwardIndustrial InjuryLow BackTailboneAlarm InstallerState Compensation Insurance FundMedical TreatmentUtilization Review
References
Case No. SJO 0245781
Significant

Michael A. Willette vs. Au Electric Corporation, State Compensation Insurance Fund

The Appeals Board dismissed the applicant's petition for reconsideration, ruling that it was improperly filed against a non-final order which had rescinded a prior decision and remanded the matter for further proceedings.

WCABPetition for ReconsiderationDismissedEn BancIndustrial InjuryLow BackTailboneAlarm InstallerMedical TreatmentUtilization Review
References
Case No. SJO 0245781
Significant

Michael A. Willette vs. Au Electric Corporation, State Compensation Insurance Fund

The Appeals Board, in an en banc decision, outlines the mandatory procedure for resolving post-utilization review medical treatment disputes for unrepresented employees, requiring the use of a panel Qualified Medical Examiner (QME). The prior decision was rescinded and the case was remanded to follow this new procedure.

Workers' Compensation Appeals BoardEn Banc DecisionReconsiderationFindings and AwardIndustrial InjuryLow Back InjuryTailbone InjuryAlarm InstallerState Compensation Insurance FundUtilization Review Reports
References
Case No. SJO 0245781
En Banc

Michael A. Willette vs. AU Electric Corporation, State Compensation Insurance Fund

The Workers' Compensation Appeals Board dismisses the applicant's petition for reconsideration, ruling that it was not filed against a final order since the case had been remanded for further proceedings.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalEn Banc OpinionIndustrial InjuryLow Back InjuryTailbone InjuryAlarm InstallerUtilization ReviewQualified Medical Examiner
References
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