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

Case No. ADJ9164098, ADJ9163276, ADJ10354934
Regular
Nov 27, 2017

NABIL ABD ALLAH vs. MV TRANSPORTATION, INC., BROADSPIRE

The Workers' Compensation Appeals Board denied the Petition for Removal filed by MV Transportation, Inc. and Broadspire. Removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm. The Board found that the applicant's failure to attend prior medical exams due to distance and transportation issues, and the need for a new medical report for amended claims, did not meet this high standard. The Board adopted the WCJ's reasoning that the order for examinations by physicians closer to the applicant's residence would facilitate the development of the record and serve substantial justice.

Petition for RemovalAppeals Board Rule 10848substantial prejudiceirreparable harmreconsiderationworkers' compensation administrative law judgeMV TransportationInc.Broadspiremedical reporting
References
Case No. ADJ4698250 (VNO 0548180); ADJ4211582 (VNO 0515892); ADJ4128894 (VNO 0447635); ADJ2306485 (VNO 0478103); ADJ2205033 (VNO 0451108); ADJ1950745 (VNO 0478101); ADJ1901291 (VNO 0478102); ADJ7914357
Regular
Oct 08, 2025

Robert Brown vs. California Department of Transportation, State Compensation Insurance Fund

The applicant, Robert Brown, sustained various injuries while working for the California Department of Transportation. The Workers' Compensation Appeals Board granted reconsideration after the defendant, California Department of Transportation, challenged a prior decision that found the applicant permanently totally disabled. During reconsideration, the parties settled the case with a Compromise and Release. Consequently, the Appeals Board rescinded the earlier findings and orders and returned the matter to the trial level for the WCJ to review and approve the settlement agreement.

Workers' Compensation Appeals BoardCalifornia Department of TransportationLegally UninsuredState Compensation Insurance FundJoint Findings Award and OrdersWorkers' Compensation Administrative Law Judgepermanent total disabilityCompromise and Releaserescindedreturned to trial level
References
Case No. SRO 0105138, SRO 0105139
Regular
Jan 18, 2008

TRACIE BROOKS vs. NORTHGATE GARAGE DOOR, SUPERIOR NATIONAL INSURANCE COMPANY

The Appeals Board granted reconsideration, finding that driver-assisted transportation to medical appointments, even those set by the applicant's attorney, is an appropriate issue for an Expedited Hearing when the applicant cannot drive. The Board determined it has equitable power to order pre-payment of medical-legal mileage, reversing the WCJ's decision. Consequently, the defendant was ordered to provide a driver for the applicant's QME appointment.

Expedited HearingMedical-legal mileageDriver-assisted transportationAgreed Medical Evaluator (AME)Qualified Medical Evaluator (QME)Pre-payment of expensesEquitable powersLabor Code section 5502(b)Final orderReconsideration
References
Case No. ADJ3253563 (MON 0327671)
Regular
Sep 07, 2012

Jose Ramirez vs. CHUBB & SONS

The Workers' Compensation Appeals Board granted reconsideration to address ambiguities in a prior award. While affirming the sanction of attorney fees for the defendant's failure to timely comply with a medical treatment authorization, the Board deferred the issue of the applicant's personal transportation needs. This deferral was to allow for further clarification of the extent of the defendant's transportation obligations to the applicant, beyond those for his son's schooling and medical appointments. The award of transportation for the applicant's son's educational needs was otherwise affirmed.

Workers Compensation Appeals BoardChubb & SonsJose RamirezInterim Findings and AwardLabor Code Section 5813sanctionattorney's costsfeesMinute Orderweight loss program
References
Case No. ADJ7959316
Regular
Sep 25, 2012

ALAN LIVHITS vs. DEPENDABLE CARE TRANSPORTATION, AVIZENT, CALIFORNIA INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an order dismissing Praetorian Insurance Corporation for lack of coverage. The applicant, who claimed cumulative injury from a stroke, argued that insurance coverage disputes must be arbitrated per Labor Code section 5275. The WCAB found that Praetorian's prior defense of the claim and its involvement with agreed medical examiners warranted further proceedings. Therefore, the WCAB rescinded the dismissal order and returned the case to the trial level for arbitration of the coverage dispute.

Workers' Compensation Appeals BoardPraetorian Insurance CorporationAvizentCalifornia Insurance Companycumulative injurystroketransportation driverinsurance coverage disputearbitrationLabor Code section 5275
References
Case No. ADJ6754115
Regular
Sep 19, 2012

MAHKAMEH KHALILPOUR vs. POLO RALPH LAUREN, AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA

Defendant Polo Ralph Lauren sought reconsideration of an order requiring them to provide transportation, including for daily living activities, to an injured employee. The Board denied reconsideration, finding substantial medical evidence that the applicant, unable to drive due to her admitted industrial foot injury, required transportation assistance. Medical reports from multiple physicians and a nurse supported the need for transport to appointments and personal errands. The Board affirmed the order, citing precedent that such services are compensable if necessary to cure or relieve from the injury's effects.

WCABMahkameh KhalilpourPolo Ralph LaurenAmerican Casualty CompanyPetition for ReconsiderationAdministrative Law JudgeOrderRetrofit of a vehicleTransportationLabor Code section 4600
References
Case No. ADJ11252070 ADJ11527187
Regular
Oct 05, 2020

Gregory Ruth vs. Swift Transportation

This case concerns a workers' compensation claim by Gregory Ruth against Swift Transportation. The Appeals Board granted reconsideration to amend findings, specifically adding neck and low back injuries to the applicant's claims for both specific and cumulative trauma. The Board affirmed the administrative law judge's findings on injury arising out of and in the course of employment, rejecting the defendant's argument that the truck seat was not broken. The decision defers injury claims for all other body parts.

Workers Compensation Appeals BoardSelf-insuredInjury AOE/COEMedical EvidenceLabor Code Section 5701Cumulative TraumaSpecific InjuryNeck InjuryLow Back InjuryWCJ Credibility Determination
References
Case No. ADJ3896322
Regular
Oct 21, 2014

JEREMY SYKES vs. SWIFT TRANSPORTATION

This case involves Jeremy Sykes's Petition for Removal (denominated as a Petition for Recusal/Disqualification) against Swift Transportation and WCJ David Thorne. Sykes alleged bias by the WCJ, but his petition lacked required verification and was untimely. The WCAB denied removal, adopting the WCJ's report which found the petition procedurally deficient and Sykes's testimony at a prior trial exceeded the filing deadline. The Board also warned Sykes against disrespectful remarks towards the WCJ and the Board.

Petition for RemovalPetition for DisqualificationWCJ BiasApplicant in propria personaRules of Practice and ProcedureSanctionable ConductMedical TreatmentExpedited HearingOath of WitnessRecusal
References
Case No. ADJ603568 (MON 0359075)
Regular
Feb 22, 2013

COLEE PITCHFORD vs. TRIMAC TRANSPORTATION, CHARTIS

In Pitchford v. Trimac Transportation, the Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration. The dismissal was primarily based on the petition's failure to comply with Labor Code section 5905, which mandates service on all adverse parties. The WCAB also noted that even if properly served, the petition would have been denied on its merits, adopting the WCJ's reasoning. Finally, the Board clarified that MJR Management Services, Inc. is not a party but an alleged representative, and their representation of a lien claimant lacked proper documentation in the EAMS.

Petition for ReconsiderationLabor Code section 5905Adverse partiesService deficiencyWorkers' compensation administrative law judgeReport and RecommendationElectronic Adjudication Management SystemEAMSLien claimantMJR Management Services
References
Case No. ADJ2213557 (VNO 0558201)
Regular
Jul 11, 2013

DAISY CALDERON vs. SCI @ DIVERSIFIED TRANSPORT, ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board (WCAB) granted reconsideration in the case of Calderon v. SCI @ Diversified Transport; Zurich North America. The WCAB rescinded the prior decision of the Workers' Compensation Judge (WCJ). This matter is returned to the trial level for further proceedings and a new decision by the WCJ. The current order is not a final decision on the merits.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeReconsideration GrantedDecision RescindedFurther ProceedingsTrial LevelOpinion and OrderDiversified TransportZurich North America
References
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