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

Case No. ADJ10642863

Regular

Feb 25, 2020

LORI SOLA vs. TEMECULA VALLEY UNIFIED SCHOOL DISTRICT

The Appeals Board amended the WCJ's findings, rescinding the conclusions that the QME exhibited bias and failed to comply with time guidelines. However, the Board affirmed the WCJ's disallowance of the defendant's CHP and personnel records as irrelevant to the sole issue of injury arising out of and in the course of employment. The Board also affirmed the finding that neither treating physician's nor the QME's reports constituted substantial evidence, necessitating further development of the medical record, with parties to attempt to agree on an AME or the WCJ to appoint a physician. Commissioner Razo dissented, arguing the excluded exhibits should have been admitted for potential relevance to credibility and due process.

WCABRemovalReconsiderationFindings of FactQualified Medical EvaluatorAgreed Medical EvaluatorPrimary Treating PhysicianSubstantial EvidenceCausationAOE/COE

References

Case No. ADJ7940946 ADJ7941927

Regular

Apr 02, 2019

FAYE JENNINGS vs. TEMECULA VALLEY UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board (WCAB) dismissed the Defendant's Petition for Reconsideration because it was untimely filed, as proof of mailing is insufficient and the petition must be received within the statutory 25-day limit. The WCAB noted that the Defendant's request to set aside the Compromise and Release was premature because it had not been decided at the trial level. Therefore, the matter was returned to the trial level for further proceedings on the Petition to Set Aside.

Petition for ReconsiderationWCABworkers' compensation administrative law judgeWCJjurisdictionaluntimely petitionJoint Order Approving Compromise and ReleaseOACRdefective servicegood cause to set aside

References

Case No. ADJ10076795, ADJ10799417

Regular

Aug 28, 2017

ONICA COLE vs. CITY OF LOS ANGELES, ACME ADMINISTRATORS TEMECULA

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration because it was filed from a non-final order that addressed only intermediate procedural or evidentiary issues. The WCAB also denied the applicant's Petition for Removal, finding that the applicant failed to demonstrate substantial prejudice, irreparable harm, or that reconsideration would be an inadequate remedy. Therefore, both the reconsideration and removal petitions were rejected.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFinal OrderInterlocutory DecisionSubstantive RightThreshold IssueProcedural IssueEvidentiary IssueExtraordinary Remedy

References

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LORI SOLA vs. TEMECULA VALLEY UNIFIED SCHOOL DISTRICT

WCABRemovalReconsiderationFindings of FactQualified Medical EvaluatorAgreed Medical EvaluatorPrimary Treating PhysicianSubstantial EvidenceCausationAOE/COE

FAYE JENNINGS vs. TEMECULA VALLEY UNIFIED SCHOOL DISTRICT

ONICA COLE vs. CITY OF LOS ANGELES, ACME ADMINISTRATORS TEMECULA