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Case Law Database

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

Case No. ADJ11240744
Regular
Jan 16, 2019

CODY BACA vs. JOHN MUIR HEALTH

The Workers' Compensation Appeals Board denied the applicant's petition for removal of an order allowing a second deposition. The applicant argued prejudice due to potential questions about an unrelated criminal matter and a hold on medical discovery. The Board found no evidence of irreparable harm or substantial prejudice, as the applicant could object to inappropriate questions during the deposition. The Board also noted that an evidentiary hearing on the deposition issue had already occurred and that medical discovery was only postponed, not indefinitely halted.

Petition for RemovalSecond DepositionUnrelated Criminal MatterFifth AmendmentPrejudiceIrreparable HarmEvidentiary HearingMedical DiscoveryPQME EvaluationDeclaration of Readiness
References
Case No. ADJ8926118
Regular
Feb 01, 2018

VICTOR GUALIP SANCHEZ vs. A TO Z HOME REPAIR, INC, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted lien claimant Firstline Health's petition for removal, finding the administrative law judge (WCJ) prematurely stayed their lien under Labor Code section 4615. The WCJ's determination that the lien was stayed, based on alleged criminal indictments of individuals associated with the lien claimant, was made without admitted evidence. The Board amended the WCJ's minute order to reflect this, and the matter will return for further proceedings where evidence can be presented.

Labor Code section 4615Petition for RemovalLien claimantWCJAutomatic stayCriminal chargesFraudMedical treatment servicesMedical-legal servicesIndictment
References
Case No. ADJ10013565
Regular
Nov 05, 2018

ANTONIO GUZMAN vs. KLEAN SWEEP PARKING LOT SERVICE, INC., STATE COMPENSATION INSURANCE FUND, INSURANCE COMPANY OF THE WEST

The Workers' Compensation Appeals Board (WCAB) granted Trucare Pharmacy's Petition for Reconsideration, rescinding the prior order to stay Trucare's lien. The WCAB found that the defendant failed to meet its burden of proof that Trucare was "controlled" by a criminally charged provider as defined by Labor Code section 139.21(a)(3). Specifically, there was no evidence that John Garbino, the criminally charged provider, was an officer, director, or 10% shareholder of Trucare Pharmacy. Therefore, Trucare's lien is not subject to a stay under Labor Code section 4615 and the case is returned for further proceedings.

Labor Code section 4615criminally charged providerjoint venturepartnershiplien claimantprovider statuscontrolled entitystatutory interpretationdue processadministrative director
References
Case No. ADJ7408183
Regular
Feb 09, 2016

GABRIEL LOPEZ vs. EXPRESS REGENCY PARKING, BERKSHIRE HATHAWAY HOMESTATE COMPANIES

This case involves a dispute over conflicting stay orders on lien claims filed by Landmark Medical Management. The Appeals Board granted Landmark's Petition for Removal, rescinding a June 26, 2015 order that stayed proceedings due to criminal and civil indictments against Landmark. This rescinded order was superseded by an earlier, broader stay order from May 14, 2015, in a consolidated matter. The Board is consolidating this case with the prior stayed matters to ensure consistent application of a single stay order.

Petition for RemovalLandmark Medical ManagementPharmaFinance LLCMedRx Funding LLCSupplemental Minute Ordercriminal indictmentscivil complaintconflicting stay orderOscar ArreolaWestern Door & Trim
References
Case No. ADJ991157 (GRO 0032393)
Regular
Jun 07, 2010

RANDY SHOOK (Deceased) GLENDA STAFFORD vs. ARMORED TRANSPORT, ESIS SOUTHFIELD

The Workers' Compensation Appeals Board denied a petition for reconsideration in the case of Randy Shook's suicide. Applicant argued the employer's investigation was conducted in bad faith, thus invalidating the "good faith personnel action" defense. However, the Board found the investigation met the objective reasonableness standard and was undertaken in subjective good faith. The Board distinguished this case from those involving criminal false imprisonment and affirmed its authority to reject a WCJ's findings when substantial evidence supports its own. Therefore, compensation remains barred under Labor Code section 3208.3(h).

Labor Code section 3208.3(h)good faith personnel actionindustrial suicidepsychiatric injurydeceit and coercionpreliminary investigationcriminal misconductsubjective good faithobjective reasonablenesscriminal false imprisonment
References
Case No. ADJ7041227
Regular
Aug 09, 2017

GERALD PADDIO vs. CLEVELAND CAVALIERS, SEATTLE SUPERSONICS, INDIANA PACERS, WASHINGTON BULLETS/WASHINGTON WIZARDS, TIG INSURANCE, NEW YORK KNICKERBOCKERS, CHICAGO ROCKERS, LAS VEGAS SLAM/ CHICAGO SKYLINERS, TRAVELERS INDEMNITY COMPANY

The Workers' Compensation Appeals Board denied Travelers Indemnity Company's petition for reconsideration, affirming its subject matter jurisdiction over applicant Gerald Paddio's cumulative injury claim. The Board found that Paddio's hiring as a professional basketball player in California, through his agent accepting an offer in San Francisco, established jurisdiction under Labor Code sections 3600.5(a) and 5305. The Board also noted that the issue of potential exemption from California law, raised by the defendant, was not ripe for appeal and must be addressed at the trial level. All other issues remain deferred for determination by a Workers' Compensation Judge.

Subject matter jurisdictionLabor Code section 3600.5Labor Code section 5305Contract of hireProfessional basketball playerCumulative industrial injuryPetition for reconsiderationDenial of petitionAdministrative law judgeWorkers' Compensation Appeals Board
References
Case No. ADJ10093986
Regular
Jul 01, 2019

JAIRO BUGARIN vs. TECHCOAT CONTRACTORS INCORPORATED, STATE COMPENSATION INSURANCE FUND

This case involves Trucare Pharmacy's lien, which a WCJ stayed under Labor Code §4615 due to criminal charges against Trucare's principal for illegal healthcare referral fees. The Appeals Board granted Trucare's reconsideration petition, rescinded the WCJ's order, and returned the matter for consolidation with other Trucare lien cases. This consolidation aims to ensure consistent rulings on the §4615 issue and judicial economy. The decision is not a final determination on the merits of Trucare's liens.

Trucare PharmacyLabor Code §4615criminal chargeslien stayconsolidationSpecial Adjudication UnitEgyptian Inc.Mina Koltaillegal healthcare referral feesWCJ
References
Case No. ADJ9427226
Regular
Aug 20, 2018

FILIBERTO GARCIA vs. BARRETT BUSINESS SERVICES, INC./ BUSINESS FINANCIAL SERVICES

This case involves lien claimant Mesa Pharmacy seeking reconsideration of an order staying its lien under Labor Code section 4615. Over 19,000 cases, including this one, were consolidated due to common issues regarding Mesa Pharmacy's liens and potential connections to criminal proceedings. The Appeals Board granted reconsideration, rescinded the original order, and returned the matter to the trial level. This is to allow WCJ Gunn to determine if this specific case should be excluded from the consolidation.

WCABPetition for ReconsiderationFindings and OrderLien ClaimantLabor Code Section 4615Stay of LienOrder of ConsolidationMaster FileCommon Issues of Fact and LawOwnership and Control
References
Case No. ADJ8492547
Regular
Oct 18, 2019

HECTOR ACEVEDO vs. SUN HO CORPORATION dba TREIU CHAU RESTAURANT, FARMERS TRUCK INSURANCE EXCHANGE

The Workers' Compensation Appeals Board rescinded the prior findings that National Script Pharmacy's lien was stayed under Labor Code section 4615. This case, along with others involving National Script Pharmacy, has been consolidated into a master file to address common factual and legal issues regarding the applicability of section 4615. The matter is returned to the trial level for further proceedings consistent with the consolidation order, allowing all parties to be heard. This decision ensures consistent rulings and judicial economy given the complex ownership and criminal proceeding issues surrounding the lien claimant.

Workers' Compensation Appeals BoardReconsiderationLien ClaimantLabor Code Section 4615ConsolidationMaster FileNational Script PharmacyBahar Danesh GharibCriminal ProceedingsJudicial Economy
References
Case No. ADJ7921523
Regular
Apr 13, 2017

CARMEN AGUIRRE vs. COUNTY OF LOS ANGELES

In this case, lien claimants Landmark Medical Management and PharmaFinance sought removal of a WCJ's order staying all proceedings on their lien claims pending further court order. The WCJ based the stay on criminal indictments against individuals allegedly associated with the lien claimants, under Labor Code section 4615, which automatically stays liens filed by or on behalf of an indicted provider. However, the Appeals Board granted removal, rescinded the stay, and returned the matter for further proceedings. This was because the record lacked sufficient evidence to establish the indicted individual's specific connection to the liens or whether the liens were filed "on behalf of" the indicted person, as required by section 4615.

Removal PetitionLien ClaimantsCriminal IndictmentLabor Code 4615Automatic StayWorkers Compensation FraudPetition for StayWCJ OrderSubstantial PrejudiceIrreparable Harm
References
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