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

Case No. ADJ3204491 (SAC 0348071) ADJ1881599 (SAC 0348072) ADJ1315585 (SAC 0348073) ADJ1203378 (SAC 0348074)
Regular
Jan 12, 2009

DANIEL UNGUREANU vs. A. TEICHERT & SON, Permissibly SelfInsured, Adjusted By BRAGG & ASSOCIATES

The WCAB dismissed defendant’s petition for reconsideration but granted their petition for removal, rescinding the WCJ’s order for a new QME panel due to the applicant's delay in objecting to the untimeliness of the initial report. The case is returned to the trial level for further proceedings.

WCABPetition for ReconsiderationPetition for RemovalQualified Medical EvaluatorQME panelLabor Code § 4062.5untimelinesswaiversignificant prejudiceexpeditious litigation
References
Case No. ADJ7286862, ADJ7604060
Regular
Sep 14, 2015

Kelly Tinsley vs. VERTIS COMMUNICATIONS, ACE USA INSURANCE

This case involves a denial of a defendant's petition for reconsideration regarding a workers' compensation award. The defendant's Utilization Review (UR) of the applicant's requested continued treatment at a residential rehabilitation center was deemed invalid by the Administrative Law Judge (ALJ) due to untimeliness in communication. The Workers' Compensation Appeals Board (WCAB) affirmed the ALJ's decision, finding the UR invalid because the defendant failed to prove timely communication to the physician as required by statute. Consequently, the WCAB upheld the award of continued treatment, deeming it reasonable and supported by substantial medical evidence.

Workers' Compensation Appeals BoardPetition for ReconsiderationUtilization ReviewUntimelinessRequest for AuthorizationTransitional Living CenterResidential ProgramPost-Acute Physical RehabilitationPsychiatric InjuryIndependent Medical Review
References
Case No. ADJ10241807, ADJ10856904, ADJ10856895, ADJ10856923, ADJ10856899
Regular
Dec 30, 2019

Robert Orcasitas vs. FEDEX GROUND, SEDGWICK CMS

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration of an approved Compromise and Release, deeming it premature. The Board will treat the petition as a request to set aside the original order, requiring the applicant to present evidence under oath at the trial level. This process will allow for a proper hearing and decision on whether "good cause" exists to invalidate the settlement. The applicant's claims of being taken advantage of due to lack of knowledge require factual substantiation.

Compromise and ReleasePetition for ReconsiderationOrder Approving Compromise and ReleaseWCJWorkers' Compensation Appeals BoardPro PerLack of KnowledgeSkeletal PetitionUntimelinessPetition to Set Aside
References
Case No. ADJ1049144
Regular
Sep 30, 2014

REBECCA LAFONTAINE vs. WAL-MART ASSOCIATES, INC.; AMERICAN HOME ASSURANCE, administered by AVIZENT BENTONVILLE

This case involves a lien claimant, Robert Wagmeister, M.D., whose lien was dismissed for failure to appear at a scheduled hearing. The Workers' Compensation Appeals Board denied reconsideration, finding the petition untimely. While the Board acknowledged the petitioner's claim of illness, it emphasized the lack of timely communication with the court to excuse the absence. The Board's denial relied on the WCJ's report, except for certain statements regarding timeliness and contentions, and ultimately upheld the dismissal of the lien.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ ReportUntimelinessLien ClaimantDeclaration of ReadinessLien HearingNotice of Intention to DismissCompromise and ReleaseGood Cause
References
Case No. ADJ3371087
Regular
Sep 30, 2008

Alfred Teytud vs. Clean Innovation, American Commercial Claims Administrators

The Appeals Board granted the applicant's petition for removal, rescinding the order for a new QME panel and returning the case to the trial level for further proceedings.

QME panelremovallate QME reportwaiverobjectionuntimelinessqualified medical evaluatorMedical UnitDivision of Workers' CompensationLabor Code section 4062.5
References
Case No. ADJ3447287 (SBR 0263874) ADJ3565604 (ANA 0306676) ADJ3955433 (ANA 0306675)
Regular
Dec 09, 2016

PATSY HENDRY vs. KAISER FOUNDATION HOSPITAL, PERMISSIBLY SELF INSURED

The Workers' Compensation Appeals Board (WCAB) denied a petition to disqualify a workers' compensation administrative law judge (WCJ). The WCAB found that the alleged expressions of opinion by the WCJ did not demonstrate bias or an unqualified opinion as to the merits of the case, but rather reflected rulings based on evidence and law. The board also clarified that erroneous rulings do not constitute grounds for disqualification. Furthermore, the WCAB concluded that the petition, while not subject to strict timeliness rules due to the timing of the alleged events, was still ultimately denied on its merits.

Petition for DisqualificationWCJCode of Civil Procedure section 641formed or expressed an unqualified opinionexistence of a state of mindenmity against or bias towardTaylor v. Industrial Acc. Com.Lumbermen's Mut. Cas. Co. v. Industrial Acc. Com.Kreling v. Superior CourtMcEwen v. Occidental Life Ins. Co.
References
Case No. ADJ7048367
Regular
May 24, 2016

BLANCA CANTU vs. NATIONAL STEEL & SHIPBUILDING COMPANY

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Disqualification against the defendant, National Steel & Shipbuilding Company. This dismissal was based on the petition being untimely filed, as it was not submitted until February 24, 2016, after multiple continuances of the trial date since March 2015. The Board adopted the WCJ's report and recommendations, which found the petition untimely under Cal. Code Regs., tit. 8, § 10452. Even if the petition had not been untimely, the Board indicated it would have been denied on its merits.

Petition for DisqualificationWCJtimelinessuntimelinessMandatory Settlement Conferencecontinuancesupplemental petitionCal. Code Regs.tit. 8§ 10848
References
Case No. ADJ10929229
Regular
Feb 26, 2018

Oscar Lopez vs. EMPLOYBRIDGE, LLC formerly known as SELECT STAFFING, XL INSURANCE AMERICA, INC.

The Workers' Compensation Appeals Board dismissed Oscar Lopez's Petition for Reconsideration of an approved Compromise and Release agreement. The Board will treat the petition as a request to set aside the agreement and will return it to the trial level. The judge will then schedule a hearing for Mr. Lopez to present evidence supporting his claim of error. A decision will be made based on the evidence presented at that hearing.

Petition for ReconsiderationOrder Approving Compromise and ReleaseWorkers' Compensation Appeals BoardWCJIn pro perDismissing PetitionUntimelinessMeritsPetition to set asideContinuing jurisdiction
References
Case No. ADJ2696684
Regular
Oct 17, 2008

ARNULFO MARTINEZ vs. ARGUS CONTRACTING TRAVELERS INSURANCE COMPANY

This case involves a defendant seeking reconsideration of a Workers' Compensation Appeals Board (WCAB) award for an applicant's industrial injury. The WCAB dismissed the defendant's petition because it was not filed within the statutory 20-day period, plus an additional five days for mailing, as the petition was received by the Board one day after the deadline. Mailing the petition within the deadline was insufficient; it had to be received by the WCAB by the due date to be considered timely filed.

Petition for ReconsiderationFindings and Awardindustrial cumulative injuryright wristmassage therapistpermanent disabilityfurther medical treatmenttemporary disability overpaymentLabor Code section 4061 noticepermanent and stationary
References
Case No. ADJ184982 (LAO 0760749), ADJ946794 (LAO 0789829)
Regular
May 22, 2012

MINNIE MARTIN vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, SEDGWICK CLAIMS MANAGEMENT SERVICES

This case involves a Petition for Reconsideration filed by the defendant, Los Angeles Unified School District. The Workers' Compensation Appeals Board (WCAB) has dismissed the petition. The dismissal is primarily due to the petition being electronically filed after the close of business on the due date, rendering it untimely. Even if it had been timely filed, the WCAB indicated it would have been denied on the merits.

Workers' Compensation Appeals BoardPetition for ReconsiderationTimely FiledElectronically FiledClose of BusinessUntimelinessDismissalWCJ ReportSupplemental PetitionSedgwick Claims Management
References
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