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

Case No. ADJ7781989; ADJ8262771
Regular
Oct 03, 2013

MIRIAN GARCIA vs. COOPER COLD FOODS, INC., ILLINOIS MIDWEST INSURANCE AGENCY as administrator for STAR INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) is granting reconsideration of its own prior decision and rescinding a July 23, 2013 decision that had overturned a prior finding of 2% permanent disability for applicant's right knee injury. The WCAB determined that its August 9, 2012 order granting reconsideration was improvidently granted because the applicant had already filed a successive and improper petition for reconsideration. Consequently, the prior order and the subsequent rescinded decision are vacated, and the applicant's petition for reconsideration is dismissed.

WCABReconsiderationPetition for ReconsiderationFindings and AwardAdministrative Law JudgePermanent DisabilityIndustrial InjurySuccessive PetitionImprovidently GrantedVacated
References
4
Case No. SBR 0338656
Regular
May 27, 2008

BRYAN YOUNG vs. CITY OF BEAUMONT, Permissibly Self-Insured c/o S.C.R.M.A.

The Workers' Compensation Appeals Board vacated its prior order granting reconsideration, dismissed the applicant's petition, and granted removal. The Board rescinded the administrative law judge's order requiring the applicant to choose a physician from the employer's network. This decision clarifies that an employee has the right under Labor Code section 4605 to select and pay for their own physician, independent of employer-provided medical care.

Workers' Compensation Appeals BoardBryan YoungCity of BeaumontPetition for ReconsiderationPetition for RemovalLabor Code Section 5902Labor Code Section 4605Medical Provider NetworkPrimary Treating PhysicianConsulting Physician
References
4
Case No. ADJ2663934 (LAO 0777281)
Regular
Nov 24, 2008

LATOSHA HARRIS vs. AMI STAFFING, CALIFORNIA GUARANTEE INSURANCE ASSOCIATION For SUPERIOR NATIONAL INSURANCE CO., in liquidation, LIQUID CONTAINER, INC., CENTENNIAL INSURANCE/ATLANTIC MUTUAL

The Appeals Board vacated its prior order granting reconsideration and dismissed the employer's petition because the underlying WCJ's order was not a final, appealable decision. The Board then granted removal, rescinded the WCJ's order, and returned the case to the trial level. This action was taken because the WCJ improperly referred issues not subject to mandatory arbitration under Labor Code § 5275(a) to arbitration.

Workers Compensation Appeals BoardCIGACentennial InsuranceAMI StaffingLiquid ContainerInc.Superior National InsurancePetition for ReconsiderationPetition for RemovalLabor Code § 5275(a)
References
2
Case No. ADJ8531754
Regular
Mar 11, 2019

ARTURO TRUJILLO vs. TIC THE INDUSTRIAL COMPANY, THE HARTFORD INSURANCE

The Workers' Compensation Appeals Board (WCAB) vacated its prior order granting reconsideration and dismissed the defendant's petition for reconsideration. The WCAB granted the defendant's petition for removal, rescinded the WCJ's findings and orders, and returned the case to the trial level for further proceedings. This decision stemmed from a dispute over whether an Agreed Medical Evaluator's (AME) interview with the applicant's wife and the applicant's provision of medical records at the AME's deposition constituted impermissible ex parte communication. The WCAB found that the interview with the wife was permissible as a collateral source to supplement the applicant's potentially impaired memory due to a brain injury, and that the provision of records at the deposition was not ex parte as the defendant was present. However, the WCAB remanded the case for the WCJ to determine if the applicant improperly provided information to the AME, as parties must agree on what information is provided to an AME.

Agreed Medical EvaluatorEx Parte CommunicationPetition for RemovalMedical-Legal ReportingCollateral InterviewApplicant's WifeDepositionsMedical RecordsSubstantial EvidenceLabor Code Section 4062.3
References
20
Case No. ADJ3218661 (OAK 0339889)
Regular
Feb 07, 2011

CHANCE ROLLINS vs. JOHN MARTIN STABLES, INC.; AMERICAN HOME ASSURANCE administered by AIG, CLAIMS SERVICES

The Appeals Board vacated its prior order granting reconsideration and dismissed the defendant's petition for reconsideration, finding the WCJ's ruling was not a final order. However, the Board granted removal, rescinded the WCJ's order, and denied the applicant's request for a neurology consultation under Labor Code §4601(a). The matter was returned to the trial level with instructions to issue an order for a new QME panel in neurology, as Dr. Jamasbi's request for a consultative neurological evaluation constituted good cause for a new panel under 8 Cal. Code Regs. §31.7. Attorney fees for the ex parte communication were upheld.

WCABPetition for ReconsiderationPetition for RemovalLabor Code 4601(a)Labor Code 4062.3QMEAgreed Medical EvaluatorNeurological ConsultMedical DirectorSpecialty Panel
References
0
Case No. ADJ8521155
Regular
Sep 02, 2014

VICENTE AGUILAR vs. U-TURN SEVEN CORPORATION, EMPLOYERS COMPENSATION INSURANCE COMPANY, STAR INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) vacated its prior order granting reconsideration and denied the petitions for reconsideration filed by Employers Compensation Insurance Company and Star Insurance Company. The WCAB adopted the WCJ's report, finding Star's petition contained inflammatory and intemperate language that impugned the integrity of the WCJ and the Board. Consequently, the WCAB granted removal on its own motion and issued a notice of intent to sanction Star and its attorney for approximately $1,500 due to these statements.

Workers' Compensation Appeals BoardVicente AguilarU-Turn Seven CorporationEmployers Compensation Insurance CompanyStar Insurance CompanyFindings and Awardcumulative injurybilateral handswristsarms
References
1
Case No. ADJ8309975
Regular
Jan 16, 2019

BENITO OLEA vs. VASQUEZ LABOR CONTRACTOR; STAR INSURANCE, MEADOWBROOK INSURANCE

The Workers' Compensation Appeals Board (WCAB) granted removal to address the lien claimant's petition, finding that the administrative law judge's (WCJ) prior order was not a final decision and therefore reconsideration was improper. The WCAB agreed with the WCJ that insufficient evidence was presented by both parties to determine the reasonable value of the lien claimant's services. Consequently, the WCAB vacated its prior reconsideration order, dismissed the reconsideration petition, and returned the matter to the WCJ for further proceedings to allow development of the record.

Workers' Compensation Appeals BoardLien ClaimantRemovalReconsiderationFindings and OrdersBill ReviewLabor Code Section 5701Develop the RecordBurden of ProofPreponderance of the Evidence
References
8
Case No. ADJ2345083 (GOL 0099125)
Regular
Aug 01, 2014

KATHERINE UDD vs. ANTIOCH UNIVERSITY, THE HARTFORD

The Workers' Compensation Appeals Board initially granted reconsideration of a prior decision to further study the case. However, the defendant subsequently withdrew their petition for reconsideration. Consequently, the Board vacated its prior order granting reconsideration and dismissed the defendant's petition. This action effectively returns the case to the original September 10, 2013 Findings of Fact.

Workers' Compensation Appeals BoardAntioch UniversityThe HartfordADJ2345083Order VacatingOrder Granting ReconsiderationDismissing PetitionPetition for ReconsiderationFindings of FactWithdrawal of Petition
References
0
Case No. ADJ10943577
Regular
Feb 15, 2019

GILDARDO TORRES HURTADO vs. SUNSET LANDSCAPE MAINTENANCE, INC, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration of applicant Gildardo Torres Hurtado's petition on March 30, 2018. Subsequently, on February 5, 2019, the applicant withdrew their original petition for reconsideration. Consequently, the Board vacated its grant of reconsideration and dismissed the applicant's petition. This action formally concludes the reconsideration process initiated by the applicant.

Petition for ReconsiderationWithdrawal of ApplicantVacating Grant of ReconsiderationDismissalWorkers' Compensation Appeals BoardSunset Landscape MaintenanceState Compensation Insurance FundGildardo Torres HurtadoADJ10943577Opinion and Orders
References
0
Case No. ADJ639449 (OAK 0289033) ADJ2403931 (OAK 0288994)
Regular
Apr 16, 2009

MYRON SILVA vs. NGK METALS CORP./FM INDUSTRIES, AMERICAN HOME/AIG

The WCAB vacated its prior reconsideration order and dismissed Everest's petition as untimely. However, it granted removal to address Everest's contention that AIG should administer the award. The Board found that AIG is liable for a specific injury and the majority of a cumulative trauma period, and therefore, AIG will now administer the award with the right to seek contribution from Everest.

WCABRemovalReconsiderationAdministration of AwardContribution RightsSpecific InjuryCumulative TraumaLabor Code Section 5500.5Agreed Medical ExaminationLiability Apportionment
References
3
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