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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. 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The Workers' Compensation Appeals Board granted reconsideration, rescinded a prior decision, and returned the case to the trial level for further proceedings.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
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. ADJ1180912 (ANA 0395704)
Regular
Oct 08, 2012

ERLINDA NORMAN vs. LOS ANGELES COUNTY HEALTH DEPARTMENT

This case concerns a worker's compensation appeal where the applicant challenged the employer's credit for temporary disability payments made after her permanent and stationary date. The Appeals Board granted reconsideration, finding the employer was only entitled to a credit for temporary disability indemnity paid after the Agreed Medical Evaluator's report dated January 6, 2009. This decision recognized the applicant received benefits in good faith prior to notice of her permanent and stationary status and cautioned employers to ensure timely issuance of medical reports.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardPermanent DisabilityTemporary DisabilityCreditAgreed Medical EvaluatorTreating PhysicianLabor CodeEquitable Principles
References
Case No. ADJ10247229
Regular
Sep 13, 2022

BRENDA RICHARD vs. CITY OF LOS ANGELES

The Workers' Compensation Appeals Board (WCAB) rescinded the prior award and remanded the case for further proceedings. The applicant sought reconsideration of a finding of 3% permanent disability for a cumulative left ankle injury, contending she was entitled to an unapportioned award. The WCAB found the Agreed Medical Examiner's (AME) apportionment opinion lacked substantial evidence due to insufficient reasoning and failure to address rating schedule differences. The case was returned to the WCJ to develop the record, specifically directing the AME to provide a supplemental report on apportionment considering the differing rating schedules of prior and current injuries.

Permanent disabilityApportionmentCumulative injuryAgreed medical examinerSubtraction methodPermanent disability rating scheduleLabor Code section 4664Pre-existing conditionMedical opinionSubstantial evidence
References
Case No. ADJ3273415 (AHM 0131697) ADJ1190217 (AHM 0131698) ADJ4181066 (AHM 0131699)
Regular
Jan 29, 2010

GINA MENDOZA vs. COUNTY OF LOS ANGELES DEPARTMENT OF CHILDREN AND FAMILY SERVICES, TPA AIMS

This case concerns a lien claimant's petition for reconsideration of a disallowed medical treatment lien. The Workers' Compensation Appeals Board (WCAB) denied the petition, affirming the administrative law judge's finding that the lien lacked evidence of reasonableness. The WCAB found the lien claimant's initial request for authorization deficient under California regulations and its subsequent request, though potentially compliant, was timely denied via utilization review. Furthermore, an agreed medical evaluator had previously opined against the necessity of the treatments in question.

Workers' Compensation Appeals BoardLien claimantPetition for reconsiderationJoint Findings and OrderMedical treatment lienIndustrial injuryStipulated AwardsIntermediate typist clerkPermanent disabilityUtilization review
References
Case No. ADJ968 0098
Regular
Apr 01, 2018

EVELYN SOLIMAN vs. SAN FRANCISCO UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board granted reconsideration to address apportionment in Applicant's cumulative injury claim. The Board found the administrative law judge erred by disregarding the panel qualified medical evaluator's apportionment opinion. The evaluator had determined 50% of the Applicant's permanent disability was due to a prior industrial injury. Consequently, the Board amended the award, reducing the Applicant's compensable permanent disability from 47% to 24% after apportionment.

Workers' Compensation Appeals BoardPetition for ReconsiderationPermanent DisabilityApportionmentQualified Medical EvaluatorCumulative InjuryPrior Industrial InjuryLabor Code Section 4663Medical TreatmentFindings and Award
References
Case No. ADJ1740707; ADJ 6488844; ADJ 6498254
Regular
Nov 06, 2013

CHERYL HILTON vs. COUNTY OF LOS ANGELES

The Workers' Compensation Appeals Board denied Cheryl Hilton's petition for reconsideration. The Board adopted the WCJ's report, which found that while Hilton sustained industrial injuries, they stemmed from lawful, nondiscriminatory, good faith personnel actions. Therefore, compensation was barred under Labor Code §3208.3(h). The Board also upheld the finding of no specific injury on July 23, 2008, as the events were found to be part of ongoing actions and not a distinct injury.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJGarza v. Workmen's Comp. App. Bd.Senior Clerk TypistPsyche injurysleep disorderLabor Code §3208.3(h)good faith personnel actionsRolda v. Pitney Bowes
References
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