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Case Law Database

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

Case No. ADJ7171783
Regular
Aug 14, 2012

William Mickens vs. New England Patriots

Dr. Einbund, the applicant's treating physician, petitioned for removal to prevent a deposition of his transcriber, Jamie Hill, alleging harassment. However, the defendant later informed the WCJ that the deposition was cancelled as Ms. Hill was not the correct transcriber in this case. Consequently, the Appeals Board dismissed Dr. Einbund's petition as moot.

Petition for RemovalUnverified PetitionWorkers' Compensation Appeals BoardAdministrative Law JudgeDepositionMootDismissedTreating PhysicianTranscriberHarassment
References
Case No. ADJ2624099 (AHM 0134865)
Regular
Nov 06, 2013

JACALYN HALE (Deceased) vs. MESA MEDICAL GROUP, ACE USA c/o ESIS, EMPLOYERS COMPENSATION INSURANCE COMPANY

The Appeals Board dismissed ECIC's Petition for Reconsideration because the WCJ's order regarding contribution proceedings was not a final determination of substantive rights. The Board also denied ECIC's Petition for Removal, finding no evidence of substantial prejudice or irreparable harm from the WCJ's statement that the contribution issue might eventually be subject to mandatory arbitration. The WCJ had merely overruled ECIC's objection to ACE/ESIS's contribution petition and allowed discovery, not ordered arbitration itself. Therefore, any arguments about mandatory arbitration were premature.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalWCJ OrderContribution ProceedingsMandatory ArbitrationLabor Code Section 5500.5ACE/ESISECICIndustrial Injury
References
Case No. SBR 0293741, SBR 0293764, SBR 0305590
Regular
Sep 27, 2007

FELICITAS JONES-MORGAN vs. COUNTY OF SAN BERNARDINO

The Workers' Compensation Appeals Board granted reconsideration, rescinded a prior decision, and returned the case to the trial level for further proceedings. The Board found that the lien claimant's lien was not barred by Labor Code section 4903.5, as it was timely filed. Additionally, the Board determined that the doctrine of laches did not apply because the defendant failed to demonstrate prejudice resulting from the lien claimant's delay.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationLabor Code Section 4903.5LachesPrejudiceStipulated AwardWCJFindings and OrderArrowback Medical Group
References
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