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

Case No. ADJ7548997, ADJ7549026
Regular
Jan 15, 2016

KAREN BRESSON vs. UNITED PARCEL SERVICE, INC, LIBERTY MUTUAL INSURANCE COMPANY, VONS GROCERY COMPANY

The Workers' Compensation Appeals Board (WCAB) granted UPS's petition for reconsideration, rescinded the prior decision, and returned the case to the trial level. The WCAB clarified that the applicant's prior Compromise and Release (C&R) with Vons Grocery Company in Case No. ADJ7549026 did not settle her claim against UPS in Case No. ADJ7548997, despite broad language in an addendum. This interpretation is based on the C&R specifically listing only Vons and a distinct date of injury period, and a clause limiting the settlement to those specified terms. All other issues, including AOE/COE injury, medical treatment, and apportionment, remain to be decided at the trial level.

WCABPetition for ReconsiderationFindings and OrderAOE/COECompromise and ReleaseC&RCumulative TraumaCTSuccessive InjuriesContribution
References
1
Case No. GOL 0099340
Regular
May 27, 2008

SARAH FRYE RICE (SARAH RICE-SIŞCO) vs. VONS GROCERY COMPANY

The Workers' Compensation Appeals Board granted reconsideration, rescinding the prior decision. The Board found that Vons Grocery Company was only entitled to credit for $3,485.71 in permanent disability advances as specified in the approved Compromise and Release, not the greater amount unilaterally taken. Consequently, Vons must pay the applicant the full balance of $20,274.29, and the case is returned for further proceedings on penalties and attorney fees.

WORKERS' COMPENSATION APPEALS BOARDSARAH FRYE RICEVONS GROCERY COMPANYGOL 0099340OPINION AND ORDER GRANTING RECONSIDERATIONFINDINGS AND ORDERPERMANENT DISABILITYCOMPROMISE AND RELEASELABOR CODE SECTION 5814ORDER APPROVING COMPROMISE AND RELEASE
References
2
Case No. ADJ6651801, ADJ3758568 (MON 0337147)
Regular
Jul 19, 2010

ESIQUIO GONZALEZ vs. VON'S GROCERY COMPANY

In this workers' compensation case, the defendant, Von's Grocery Company, petitioned for reconsideration of a prior decision. The Workers' Compensation Appeals Board has granted these petitions. The Board requires more time to thoroughly review the factual and legal issues to ensure a just and reasoned decision. Further proceedings may be ordered following this review.

WORKERS' COMPENSATION APPEALS BOARDPetitions for ReconsiderationOPINION AND ORDERVON'S GROCERY COMPANYpermissibly self-insuredself-administeredstatutory time constraintsfactual and legal issuesDecision After ReconsiderationOffice of the Commissioners
References
0
Case No. ADJ7925614
Regular
Feb 23, 2017

Kelly Truesdell vs. VON'S GROCERY COMPANY

This case involves an employee, Kelly Truesdell, who sought workers' compensation for injuries sustained during his employment. The Workers' Compensation Appeals Board (WCAB) affirmed a prior decision finding Truesdell to be permanently and totally disabled. The defendant, Von's Grocery Company, had argued that the Agreed Medical Examiner's (AME) opinions were insufficient and presented new evidence of improvement. However, the WCAB found the AME's opinions, particularly those of Dr. Angerman, constituted substantial evidence supporting the 100% permanent disability rating based on objective findings and the applicant's inability to compete in the labor market. The defendant's request to introduce newly discovered evidence was also rejected due to a lack of required proof.

WCABReconsiderationAgreed Medical ExaminerPermanent Total DisabilitySubstantial EvidenceFailed Back Surgery SyndromeAMA GuidesWhole Person ImpairmentLabor Code Section 46622005 PDRS
References
8
Case No. ADJ584782 AHM 0114457
Regular
Apr 18, 2011

James Green vs. Ralph's Grocery Company

The Workers' Compensation Appeals Board granted reconsideration to determine if Ralph's Grocery Company's appeal of a Rehabilitation Unit order was timely. The Board found the appeal was timely because the defendant received the order on July 3, 2008, and filed their appeal on July 10, 2008. Consequently, the Board rescinded the prior order, finding Ralph's Grocery Company is not liable for vocational rehabilitation services or maintenance allowance. This decision is based on the applicant's right to such benefits expiring on January 1, 2009.

Workers' Compensation Appeals BoardRalph's Grocery CompanyPermissibly Self-InsuredVocational Rehabilitation Maintenance Allowance (VRMA)Vocational Rehabilitation ServicesRehabilitation Unit (RU)Decision and Order (D&O)LachesLabor Code section 139.5Timeliness of Appeal
References
7
Case No. MON 0327319
Regular
Jun 02, 2008

RAMIRO DIAZ vs. THE VONS COMPANIES, INC.

This case concerns a workers' compensation claimant, Ramiro Diaz, terminated from Vons Companies after returning to work with restrictions following an industrial shoulder injury. The Appeals Board denied Vons's reconsideration request, affirming the finding that Vons violated Labor Code section 132a by illegally discriminating against the injured employee. The Board found Vons failed to follow its own progressive discipline policy and lacked credible business necessity for immediate termination, inferring retaliation for the injury.

Labor Code section 132aPrima facie caseDiscriminatory actsImpeached testimonyBusiness reality defenseProgressive disciplineSubstantial evidenceDisparate treatmentIndustrial injuryRetaliation
References
14
Case No. ADJ741196 (MON 0219371)
Regular
Sep 03, 2010

FRED CALHOUN vs. RALPHS GROCERY COMPANY

This is an Order from the Workers' Compensation Appeals Board (WCAB) denying a Petition for Reconsideration. The WCAB adopted the report of the workers' compensation administrative law judge (WCJ) as the basis for denial. Therefore, the WCAB affirmed its prior decision, whatever that may have been, against Fred Calhoun and in favor of Ralphs Grocery Company.

Workers' Compensation Appeals BoardRalphs Grocery CompanyPermissibly Self-InsuredOrder Denying ReconsiderationPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeWCJMichael Sullivan & Associates
References
0
Case No. ADJ2523911 (MON 0281750) ADJ2669536 (MON 0287852) ADJ2826764 (LAO 0791910)
Regular
Apr 25, 2013

GEORGE MORENO vs. RALPHS GROCERY COMPANY

The Workers' Compensation Appeals Board (WCAB) granted removal of the WCJ's February 6, 2013 decision in the case of George Moreno v. Ralphs Grocery Company. The WCAB rescinded the decision and returned the matter to the trial level for further proceedings and a new decision by the WCJ. This action is procedural and does not constitute a final ruling on the merits.

Workers' Compensation Appeals BoardRemovalGranting RemovalDecision after RemovalRescindedReturned to Trial LevelFurther ProceedingsAdministrative Law JudgeWCJPetition for Removal
References
0
Case No. ADJ1518346 (MON 0297186) ADJ1191000 (MON 0297189) ADJ1545243 (MON 0298423)
Regular
Nov 30, 2017

THOMAS MARTINEZ vs. RALPHS GROCERY COMPANY

This case involved Ralphs Grocery Company seeking reconsideration of a WCJ's order allowing a $51,400.37 lien for medical treatment from the Motion Picture Health Fund (MPHF). Following reconsideration, Ralphs and MPHF entered into a voluntary settlement agreement. As a result, the Board rescinded the original WCJ's decision and approved the lien settlement for $29,500.00.

Workers' Compensation Appeals BoardRalphs Grocery CompanySedgwick Claims Management Serviceslien claimMotion Picture Health Fundmedical treatment expensepenaltiesinterestreconsiderationFindings and Orders
References
2
Case No. ADJ3603216 (VNO 0544110), ADJ4356270 (VNO 0544111)
Regular
Oct 23, 2014

NAVINDRA MOHAN vs. RALPH'S GROCERY COMPANY

This case involves a Petition for Reconsideration filed by a lien claimant against Ralph's Grocery Company, which was dismissed by the Workers' Compensation Appeals Board. The dismissal was based on the petition being untimely filed. The Board adopted the administrative law judge's report, stating the petition was filed more than 25 days after the Order Dismissing Lien Claim, violating the statutory filing period. Consequently, the Petition for Reconsideration was dismissed.

Petition for ReconsiderationUntimelyDismissalLien Activation FeeAdministrative Law JudgeLabor Code Section 5903Code of Civil Procedure Section 1013Workers' Compensation Appeals BoardRalph's Grocery CompanyNavindra Mohan
References
0
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