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

Case No. ADJ7673518, ADJ7647749
Regular
Jan 23, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION / CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant sustained industrial injury to her neck. While the applicant testified to injuring her neck in a workplace incident and this was partially corroborated, the Board found insufficient evidence for other claimed injuries. The Board specifically disagreed with the administrative law judge's credibility assessment concerning the neck injury itself, relying on medical reports and testimony supporting the neck injury claim. The Board affirmed the denial of claims for all other alleged injuries, finding insufficient medical evidence to link them to the incident.

Petition for ReconsiderationFindings and OrderIndustrial InjuryNeck InjuryBack InjurySpine InjuryUpper ExtremitiesPsycheGastroesophageal SystemInternal System
References
Case No. ADJ2652722 (VNO 0436560)
Regular
Jul 31, 2015

ABDULLAH JOMAA vs. ROOHANIS 76 STATION, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION For FREMONT INDEMNITY COMPANY, In Liquidation

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a WCJ's order allowing a physician's lien. The defendant argued it was denied due process due to lack of notice regarding the lien and subsequent proceedings. The WCAB found the defendant was indeed denied due process because they did not receive adequate notice of the lien claim or the proceedings. Consequently, the WCAB rescinded the WCJ's order and returned the case to the trial level for further proceedings.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien conferenceDue processNoticeDeclaration of Readiness to ProceedStatute of limitationsLachesOrder Approving Compromise and ReleaseNotice of Intention to allow lien
References
Case No. ADJ603509 (LAO 888258)
Regular
Oct 25, 2010

PATRICIA NUNEZ vs. MAINSTAY BUSINESS SOLUTIONS

This case concerns lien claimants seeking reconsideration of a prior Board decision. The Board denied their petition, affirming its prior ruling that they failed to prove they were part of the defendant's Medical Provider Network (MPN) when providing services. Lien claimants' arguments regarding the MPN's validity and due process were waived due to untimeliness and failure to raise issues earlier. Furthermore, the Board found no denial of due process as lien claimants had actual notice of the defendant's petition.

Workers' Compensation Appeals BoardMedical Provider Network (MPN)Lien ClaimantsReconsiderationDecision After ReconsiderationFindings and AwardAdministrative Law Judge (WCJ)Compromise and ReleaseDue ProcessService of Process
References
Case No. ADJ8613826
Regular
May 02, 2016

WALTER D. VILLATORO vs. POTENTIAL INDUSTRIES, ZURICH

The Workers' Compensation Appeals Board (WCAB) rescinded an order dismissing lien claimant Innovative Orthopedic Services' lien. The lien claimant argued it was denied due process because it never received notice of a lien conference or a Notice of Intention to Dismiss (NIT). The WCAB found that the lien claimant's due process rights were violated due to a lack of record of proper service of the NIT and any further lien conference notice. Therefore, the case is returned to the trial level for further proceedings and a new decision.

Workers' Compensation Appeals BoardLien claimantPetition for ReconsiderationNotice of Intention to DismissCompromise and ReleaseDue processNotice of Lien ConferenceAdministrative law judgeRescindVoid ab initio
References
Case No. ADJ11008178
Regular
Oct 09, 2020

JAMIE BODINE vs. EMPLOYER SOLUTIONS STAFFING GROUP II, GALLAGHER BASSETT SERVICES, INC.

This case involves a defendant's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision awarding continuing temporary disability benefits to the applicant. The defendant argued that proceeding to trial on the issue of temporary disability violated its due process rights due to insufficient notice. The WCAB granted reconsideration, rescinded the original award, and returned the matter to the trial level for further proceedings. The Board found that the defendant was not provided with proper notice regarding the temporary disability issue, thus violating its due process rights.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardTemporary DisabilityDue ProcessExpedited HearingDeclaration of Readiness to ProceedMedical TreatmentWork RestrictionsAccommodation
References
Case No. ADJ6814665
Regular
Oct 29, 2010

JULIO GARCIA vs. CITY OF LOS ANGELES

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the administrative law judge's (WCJ) findings. The WCJ determined the applicant sustained admitted industrial injury to his left knee and non-admitted industrial injury to his right second toe, resulting in 25% permanent disability. The WCJ found the right second toe injury industrial based on hospital records indicating a fracture, despite the Agreed Medical Evaluator's (AME) opinion that it was not industrial. The defendant also challenged the attorney's fee, but the Board found they lacked standing.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeFindings Award and OrdersIndustrial InjuryPermanent DisabilityAgreed Medical EvaluatorOrthopedistCausationRancho Los Amigos Hospital Records
References
Case No. ADJ8343056
Regular
Nov 05, 1972

MYRNA MEDINA vs. COUNTY OF LOS ANGELES

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration, upholding the WCJ's award for applicant Myrna Medina's cumulative industrial injury. The defendant argued it was denied due process by not being allowed to use the AME/PQME process, but the WCJ found this issue was never raised at trial. Furthermore, the defendant failed to properly raise these arguments or support them with evidence in their petition. The Board also noted potential sanctions for knowingly false statements within the petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact and Awardindustrial cumulative injuryEligibility Worker IItemporary disabilitypermanent disabilitymedical treatmentAME/PQME processLabor Code sections 4060
References
Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ510402 (OAK 0303526)
Regular
May 22, 2009

Sharon Levitt vs. COUNTY OF ALAMEDA, SEDGWICK 2065 OAKLAND

The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior award, and returned the case for a new permanent disability rating. The Board determined that Dr. Warbritton's pre-2005 "check the box" letter did not constitute substantial medical evidence indicating the existence of permanent disability. Therefore, the 2005 Permanent Disability Rating Schedule must be applied to the applicant's injury, rendering other issues raised by the defendant moot.

Workers Compensation Appeals BoardPermanent Disability Rating ScheduleApportionmentOccupational GroupAgreed Medical ExaminerLight Duty WorkMedical-Legal ReportTreating PhysicianLabor Code Section 4660(d)Comprehensive Medical-Legal Report
References
Case No. STK 0199856
Regular
Aug 08, 2008

GARY WINSLOW vs. EAST/WEST STAFFING, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board granted reconsideration and rescinded the dismissal of the applicant's case for lack of prosecution. The Board found the petition for reconsideration timely filed and determined that the applicant may have been denied due process due to a mistaken belief that he could not pursue his claim after moving out of state. The case is remanded for further proceedings and a new decision by the WCJ.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissal for Lack of ProsecutionNotice of Intention to DismissDue ProcessIndustrial InjuryFurniture MoverAbdomenGroinHernia
References
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