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

Case No. ADJ1453211
Regular
Jul 07, 2010

TRACY SELBY vs. MARK TONG, M.D., EMPLOYER'S COMPENSATION INSURANCE COMPANY

This case concerns Tracy Selby's workers' compensation claim for chronic regional pain syndrome stemming from a 2005 shoulder injury. The applicant sought reconsideration of the Workers' Compensation Appeals Board's (WCAB) decision, arguing that jurisdiction was not reserved for a vocational expert's lien. The WCAB denied reconsideration, adopting the Workers' Compensation Judge's report. The judge found the lien issue was improperly raised after trial and lacked merit, as it was not an issue presented for decision and was filed post-submission.

Workers' Compensation Appeals BoardReconsideration DeniedAOE/COEChronic Regional Pain SyndromePermanent DisabilityVocational RehabilitationLien ClaimDue ProcessSanctionsFindings and Award
References
0
Case No. 2000 WL 178191
Regular Panel Decision

Selby v. Principal Mutual Life Insurance

Adrian and Jill Selby sued Principal Life Insurance Company, alleging various errors in processing their health insurance claims. They challenged Principal's interpretation of an infertility treatment exclusion and its claims review procedures under ERISA. The court considered motions for class certification for four proposed classes. Class I, addressing Principal's online claims review process for altering diagnoses, was certified. Classes II and III, concerning medically necessary infertility treatments and New York Insurance Law violations respectively, were not certified for class-wide adjudication, though individual claims were permitted. Class IV, challenging the sufficiency of claim denial letters, was not certified immediately due to the named plaintiffs' lack of standing for injunctive relief, but conditional certification was offered upon identification of a new suitable plaintiff.

ERISAClass ActionHealth InsuranceClaims DenialInfertility ExclusionOnline ReviewMedical BenefitsStandingFederal Rules of Civil Procedure Rule 23Benefit Plans
References
23
Case No. ADJ8064041, ADJ8064019
Regular
Aug 22, 2014

TRACY MORGAN, TRACY MORGAN ALONZO vs. COUNTY OF FRESNO

The Workers' Compensation Appeals Board (WCAB) considered Tracy Morgan's Petition for Reconsideration in her case against the County of Fresno. The WCAB reviewed the petition and the report from the workers' compensation administrative law judge (WCJ). Adopting and incorporating the WCJ's report, the WCAB denied reconsideration of the prior decision. The order denying the petition was issued on August 22, 2014.

Petition for ReconsiderationDeniedWorkers' Compensation Appeals BoardWCJ reportTracy MorganCounty of FresnoAmerican All-Risk Loss AdministratorsADJ8064041ADJ8064019Fresno District Office
References
0
Case No. ADJ1453211 (SAC 0346598)
Regular
Aug 09, 2010

TRACY SELBY vs. MARK TONG, M.D., EMPLOYERS COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision that awarded the applicant 58% permanent disability. The Board found the vocational expert's testimony regarding lost earnings, which underpinned the disability rating, lacked substantial evidence and a satisfactory explanation of the time period used for calculation. Consequently, the WCAB rescinded the prior award and returned the case to the trial level for further proceedings to develop the record on earnings loss and proper application of legal principles. The defendant's request for removal was dismissed as moot.

Workers' Compensation Appeals BoardTracy SelbyMark Tong M.D.Employers Compensation Insurance CompanyADJ1453211SAC 0346598RemovalReconsiderationFindings and AwardIndustrial Injury
References
16
Case No. ADJ7643460 ADJ8909733
Regular
Jan 03, 2020

Tracy Lee vs. XCHANGING, GRANITE STATE INSURANCE

The Workers' Compensation Appeals Board (WCAB) denied applicant Tracy Lee's multiple Petitions for Removal, adopting the reasoning of the workers' compensation judge. The WCAB admonished the applicant that repetitive, meritless filings may lead to a declaration as a vexatious litigant under WCAB rule 10782. This rule outlines criteria for identifying and restricting such litigants, including those who repeatedly relitigate determined issues or file unmeritorious motions. The applicant's continued filings without apparent merit have resulted in this denial and a warning against further vexatious conduct.

Petitions for RemovalVexatious LitigantPropria PersonaMeritless FilingsHarassmentDelayPrefiling OrderReopeningLabor CodeWCJ Reports
References
0
Case No. ADJ848663 (RDG 0126993)
Regular
Dec 03, 2014

TRACIE LOPEZ vs. THE HERTZ CORPORATION, SPECIALTY RISK

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior ruling that deemed applicant Tracie Lopez's petition for increased benefits untimely filed. The applicant argued her due process rights were violated because the judge instructed parties not to submit evidence, then failed to hold an evidentiary hearing. The WCAB agreed to reconsider to allow the applicant to present evidence regarding equitable tolling of the statute of limitations for her discrimination claim. This matter is returned to the trial level for further proceedings to develop the record and a new final decision.

Labor Code Section 132aPetition for ReconsiderationFindings and OrderAmended PetitionTimelinessDue ProcessEvidentiary HearingPoints and AuthoritiesEquitable BasisToll the Statute of Limitations
References
1
Case No. ADJ10121570
Regular
Oct 28, 2016

Tracy Baker vs. Foothill De Anza Community College District

In Case No. ADJ10121570, the Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision regarding applicant Tracy Baker and defendant Foothill De Anza Community College District. The WCAB found reconsideration necessary to allow further study of the factual and legal issues involved. This grant suspends any action by the Workers' Compensation Judge (WCJ) on the matter. All subsequent filings related to the reconsideration petition must be submitted directly to the WCAB Commissioners in San Francisco, not to the district office.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting ReconsiderationDecision After ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionFurther ProceedingsCommissioners of the Workers' Compensation Appeals BoardElectronic Adjudication Management System (EAMS)
References
0
Case No. ADJ 7174814
Regular
Jan 13, 2011

TRACY WESTFIELD vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, ADMINISTERED BY SEDGWICK CMS

This case involves a Petition for Removal filed by Tracy Westfield against the Los Angeles Unified School District. The Workers' Compensation Appeals Board (WCAB) reviewed the petition and the report of the workers' compensation administrative law judge (WCJ). The WCAB adopted the WCJ's report and denied the Petition for Removal. The order denying removal was dated and filed January 13, 2011.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ reportadministrative law judgedenial of removalSEDGWICK CMSTRACY WESTFIELDLOS ANGELES UNIFIED SCHOOL DISTRICTHAYFORD & FELCHLIN LLPHINDEN BRESLAVSKY
References
0
Case No. ADJ6630793
Regular
Sep 16, 2010

TRACY ROGERS vs. TIMOTHY TOBIN dba BEACH AND COUNTY REAL ESTATE, STATE FARM INSURANCE COMPANIES

This case involves a worker's compensation applicant, Tracy Rogers, who filed a petition for removal. Rogers argued that denial of her petition would violate her due process rights by prejudging the case based on her representations. The Workers' Compensation Appeals Board (WCAB) denied removal, finding no evidence of significant prejudice or irreparable harm. The WCAB adopted the WCJ's report which stated that no evidence had been admitted, and prejudging the case would deny the defendant due process. The trial remains scheduled for September 28, 2010.

Workers' Compensation Appeals BoardPetition for RemovalDenying RemovalSignificant PrejudiceIrreparable InjuryApplicantDefendantWCJ ReportDue ProcessMandatory Settlement Conference
References
3
Case No. MISSING
Regular Panel Decision

Copper v. Cavalry Staffing, LLC

Derek Copper and Leslie Minto filed a collective action against Cavalry Staffing, Tracy Hester, and Enterprise Holdings, Inc., alleging violations of the Fair Labor Standards Act and New York Labor Law for unpaid overtime, minimum-wage violations, and inaccurate wage statements. Enterprise's motion to dismiss based on not being an employer was denied, with the court finding sufficient pleading for joint employer status. The defendants' joint motion to dismiss was denied for overtime and wage statement claims, but granted for minimum-wage claims. The court also granted the plaintiffs' motion to conditionally certify a collective action, finding adequate factual showing from named plaintiffs and additional affidavits. The parties were directed to agree on notice procedures for opt-in plaintiffs.

Fair Labor Standards ActNew York Labor LawUnpaid OvertimeMinimum WageWage StatementsJoint EmployerCollective ActionConditional CertificationMotion to DismissWage Theft Prevention Act
References
24
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