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Case Law Database

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

Case No. ADJ6702677
Regular
May 14, 2014

IVAN ALVAREZ vs. TANIMURA ANTLE; TRAVELERS DIAMOND BAR

This Workers' Compensation Appeals Board order denies Ivan Alvarez's petition for reconsideration. The Board reviewed the petition and the Administrative Law Judge's report and adopted the judge's reasoning for denial. No new evidence or arguments were presented to warrant overturning the initial decision. Therefore, the denial of reconsideration is upheld.

Petition for ReconsiderationWorkers' Compensation Appeals BoardWCJ ReportCal. Code Regs. tit. 8 § 10848Order DenyingAdministrative Law JudgeTanimura AntleTravelers Diamond BarIvan AlvarezADJ6702677
References
0
Case No. ADJ546277 (FRE 0227807)
Regular
Apr 08, 2011

GERARDO HERNANDEZ vs. TANIMURA & ANTLE, AMERICAN CASUALTY COMPANY

This case concerns a workers' compensation award for an applicant injured in 2003. The defendant sought reconsideration, arguing the permanent disability award should be apportioned due to pre-existing degenerative changes, and that a child support lien should be deducted from the applicant's award. The Appeals Board affirmed the unapportioned permanent disability award, finding the defendant failed to meet its burden of proof for apportionment. The Board also amended the award to defer the child support lien issue to allow parties to resolve its validity.

Workers' Compensation Appeals BoardReconsiderationPermanent DisabilityApportionmentAgreed Medical ExaminerChild Support LienIndustrial InjuryNon-industrial factorsFindings and AwardLabor Code
References
4
Case No. ADJ2145098
Regular
Apr 29, 2011

JOSE R. GONZALEZ-LOPEZ vs. TANIMURA & ANTLE, TRAVELERS INSURANCE COMPANY

This Workers' Compensation Appeals Board (WCAB) decision clarifies temporary disability payments and medical treatment after reconsideration. The WCAB amended findings regarding applicant's ability to treat outside the Medical Provider Network (MPN) at their own expense and deferred the issue of admissibility of a non-MPN physician's reports. Regarding continuing temporary disability, the WCAB affirmed the original award, clarifying it complies with Labor Code section 4656's two-year limit based on the date indemnity was first paid, not just when owed. The issue of whether the applicant worked seasonal employment was also deferred.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardTemporary DisabilityMedical Provider Network (MPN)Labor Code section 4605Labor Code section 4656Admissibility of ReportsSeasonal EmploymentAgreed Medical Evaluator (AME)
References
2
Case No. ADJ6781178
Regular
Oct 14, 2011

SANDRA JUAREZ vs. TANIMURA & ANTLE, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board rescinded a prior decision and returned the case to the trial level for further proceedings. The Board found that the initial decision incorrectly applied *Knight v. United Parcel Service* by not specifically addressing whether the employer's failure to provide required Medical Provider Network (MPN) notices resulted in a "neglect or refusal to provide reasonable medical treatment." Furthermore, the Board noted issues regarding the timely payment of the lien claimant and the applicability of limitations on chiropractic visits under Labor Code section 4604.5(d)(1), requiring a new decision after further consideration.

WORKERS' COMPENSATION APPEALS BOARDSANDRA JUAREZTANIMURA & ANTLETRAVELERS PROPERTY CASUALTY COMPANY OF AMERICARECONSIDERATIONFINDINGS AND ORDERLIEN CLAIMANTFERNANDO LUQUE D.C.REASONABLE MEDICAL TREATMENTAUGMENTED BENEFITS
References
2
Case No. ADJ2145098 (SAL 0113144)
Regular
Dec 03, 2012

JOSE R. GONZALEZ-LOPEZ vs. TANIMURA & ANTLE, ST. PAUL TRAVELERS INSURANCE COMPANY

This case involves a dispute over the duration of temporary disability benefits awarded to the applicant. The Workers' Compensation Appeals Board dismissed the applicant's untimely petition for reconsideration. However, the Board granted the defendant's petition, amending the award to end temporary disability benefits on March 26, 2008, when the Agreed Medical Evaluator declared the applicant permanent and stationary, finding insufficient evidence of continued disability thereafter.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardTemporary Total DisabilityPermanent Partial DisabilityAgreed Medical EvaluatorPermanent and StationaryUntimely PetitionLabor Code § 5903Cal. Code Regs. tit. 8
References
2
Case No. ADJ1358822
Regular
Aug 26, 2008

FRANCISCO RAMIREZ vs. TANIMURA & ANTLE, AMERICAN CASUALTY COMPANY, Administered By CNA CLAIMS PLUS, BENDT & VALENTINE, ZENITH INSURANCE COMPANY

The WCAB dismissed defendant Zenith's petition for removal (moot as the WCJ issued a decision), dismissed applicant's petition for reconsideration (interlocutory order), and denied applicant's petition for removal (no significant prejudice). The case was returned to trial level for further proceedings.

Valley FeverAgreed Medical ExaminerPetition for RemovalPetition for ReconsiderationAOE/COELabor Code section 4628substantial evidenceinterlocutory procedural ordersdiscretionary remedysignificant prejudice
References
14
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