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

Case No. ADJ7742592
Regular
Jul 02, 2012

Vonda Anderson vs. County of Los Angeles / Sheriff's Department, Tristar Risk Management

The Workers' Compensation Appeals Board denied reconsideration of a previous decision regarding Vonda Anderson's claim against the County of Los Angeles/Sheriff's Department. The Board adopted the judge's report, finding the defendant failed to demonstrate good cause to overturn the original award. The stipulations indicated the applicant received temporary disability benefits, and the defendant could have inquired about work offers post-disability. Consequently, the defendant's petition for reconsideration was denied.

WCABVonda AndersonCounty of Los AngelesSheriff's DepartmentTristar Risk ManagementADJ7742592Order Denying ReconsiderationStipulationsLabor Code Section 4850Temporary Disability
References
Case No. ADJ4189587
Regular
Mar 24, 2017

VERA ZAY vs. STUART ANDERSON'S BLACK ANGUS, CHUBB GROUP INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board denied Vera Zay's petition for reconsideration in the case against Stuart Anderson's Black Angus. The Board adopted and incorporated the reasoning of the workers' compensation administrative law judge's report. Additionally, the Board admonished defense counsel for violating page limits, citing non-existent evidence, and raising new issues on reconsideration, warning of potential sanctions.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationAdministrative Director Rule 10205.12(10)Page-limit requirementEvidence not in the recordNew issues on reconsiderationSanctionsLab. Code§ 5813Cal. Code Regs.
References
Case No. ADJ7166686
Regular
Jul 24, 2012

RICHARD ANDERSON vs. JAGUAR/LANDROVER OF VENTURA, COMPWEST INSURANCE COMPANY

This case involves an applicant who suffered a stroke and subsequent 100% permanent disability following surgery for an industrial shoulder injury. The defendant sought reconsideration, arguing for apportionment to pre-existing conditions and challenging the attorney's fee calculation. The Appeals Board affirmed the 100% permanent disability finding, finding no basis for apportionment as the applicant's pre-existing conditions did not cause the disability itself. However, the Board modified the attorney's fee award, requiring commutation using a specific method and a 3% cost of living adjustment, finding the previously assumed 4.6% to be speculative.

Workers Compensation Appeals BoardRichard AndersonJaguar/Landrover of VenturaCompwest Insurance CompanyADJ7166686ReconsiderationFindings and AwardIndustrial InjuryBrain InjuryNeurological System
References
Case No. ADJ209637
Regular
Nov 26, 2008

BETH WORDEN vs. HARRIET ANDERSON PAINTING, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration, rescinded the previous award, and returned the case for further proceedings. The Board found that while yard work might be considered reasonable medical treatment for the applicant's 100% permanent disability, the original decision lacked a properly admitted and summarized evidentiary record. The WCJ must now ensure all relied-upon evidence is admitted and explained with specificity in any future decision.

Workers' Compensation Appeals BoardBeth WordenHarriet Anderson PaintingState Compensation Insurance FundPetition for ReconsiderationFindings and AwardStipulated AwardPermanent DisabilityMedical CareYard Work
References
Case No. SAC 0335207
Regular
Apr 24, 2008

Marty Snezek vs. STATE OF CALIFORNIA, CALIFORNIA HORSE RACING BOARD, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration of an award that found applicant Marty Snezek's heart injury was not work-related. The Board affirmed the Workers' Compensation Judge's reliance on defense QME Dr. Nishimura's reports, which cited non-industrial factors as the cause of the injury, over applicant's QME Dr. Anderson. This decision was made despite Dr. Nishimura initially noting a presumption for peace officers, which was later clarified by the Court of Appeal to exclude the applicant's role.

WCABMarty SnezekCalifornia Horse Racing BoardLegally UninsuredState Compensation Insurance FundSenior Special InvestigatorIndustrial InjuryHeart InjuryRib InjuryQualified Medical Examiner (QME)
References
Case No. ADJ2727430 (OAK 0287969)
Regular
May 22, 2009

RHONDA ANDERSON vs. TARGET STORES, P.S.I., SEDGWICK CLAIMS MANAGEMENT SERVICES

In *Anderson v. Target Stores*, the Workers' Compensation Appeals Board reconsidered an award of attorney fees under Labor Code § 4607. The Board granted reconsideration, finding the applicant was not entitled to the fees. This decision was based on the Supreme Court's ruling in *Smith v. Workers' Comp. Appeals Bd.*, which limited § 4607 attorney fees to cases where an employer seeks to terminate an entire award of medical treatment, not just challenge a specific treatment request. Therefore, the Board vacated the prior award of attorney fees.

Workers' Compensation Appeals BoardLabor Code §4607Attorney FeesReconsiderationUtilization ReviewPrimary Treating PhysicianSmith v. Workers' Comp. Appeals Bd.Interferential UnitStipulations with Request for AwardNew and Further Disability
References
Case No. ADJ8472711
Regular
Jan 10, 2018

JOSE RAMON RAMIREZ vs. COASTAL GROWERS SUPPLY, INC., MEADOWBROOK INSURANCE

This case concerns a workers' compensation lien claim by Anderson Chiropractic, which was initially allowed only to the extent of $504.72 by an administrative law judge. Anderson Chiropractic petitioned for reconsideration, arguing for the full lien amount. Subsequently, Anderson Chiropractic and defendant Meadowbrook Insurance agreed to resolve the lien for $1,250.00 through mediation. The Workers' Compensation Appeals Board approved this agreement and amended the original order accordingly.

Workers' Compensation Appeals BoardLien claimantReconsiderationFindings and OrderWorkers' compensation administrative law judgePetition for reconsiderationMediationSettlement agreementPenaltyInterest
References
Case No. ADJ7963742
Regular
May 01, 2018

JAMES MCDONALD vs. HAROLD HUTCHENS AND DORICA ANDERSON,INDIVIDUALS, HAL, HUTCHINS, HAROLD HUTCHENS AND DORICA ANDERSON INDIVIDUALS; INTERCARE

The Workers' Compensation Appeals Board denied reconsideration of an amended findings and award. The applicant sustained an industrial injury to his right leg while employed by the defendants. The defendants contended the applicant was not their employee and did not meet the 52-hour threshold for residential employees. The Board found the WCJ's determination that the applicant exceeded 52 hours of work was supported by substantial evidence, despite conflicting witness testimony. Additionally, the defendants failed to prove the applicant was employed by a third party rather than them.

Labor Code section 3351(d)Labor Code section 3352(h)residential employee52-hour thresholdindependent contractorindustrial injurypetition for reconsiderationWCJcredibility determinationcontradictory testimony
References
Case No. ADJ6575307
Regular
Jan 21, 2011

NANCY ANDREWS vs. LAW OFFICES OF KENNETH REYNOLDS, OAK RIVER INSURANCE COMPANY

This case involves a workers' compensation applicant who sustained industrial injuries to her back and upper extremities. The defendant sought reconsideration of a prior award, arguing they were not obligated to conduct utilization review or obtain a second opinion regarding a spinal surgery recommendation from Dr. Anderson. The Appeals Board denied the petition, finding the defendant failed to timely object or initiate the required processes after Dr. Anderson recommended the same surgery previously suggested by a second-opinion physician. The Board clarified that utilization review and second opinion obligations extend to any physician's treatment recommendations, not solely the primary treating physician.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardIndustrial InjuryBack InjuryUpper ExtremitiesPrimary Treating PhysicianUtilization Review (UR)Second Opinion ProcessLabor Code Section 4062
References
Case No. ADJ9318348
Regular
Aug 06, 2019

JENNIFER MCMULLEN vs. SPORTSMARK, XL SPECIALTY INSURANCE COMPANY, GALLAGHER BASSETT SERVICES

This case concerns an applicant claiming injury AOE/COE to multiple body parts, including the pituitary gland and cognitive loss, resulting in headaches. The Workers' Compensation Appeals Board (WCAB) rescinded the original Findings, Award, and Orders (FA&O) due to deficiencies in the medical evidence regarding permanent disability. The WCAB found Dr. Anderson's impairment ratings lacked substantial evidence and ordered further development of the record, including potential re-evaluation by Dr. Anderson and specialized opinions from ophthalmology and neuropsychology. The Board also upheld the prior finding of injury AOE/COE to the psyche, denying defendant's request to withdraw from that stipulation.

Workers' Compensation Appeals BoardOpinion and Decision After ReconsiderationInjury AOE/COEFindings Award and OrdersPermanent DisabilityLabor Code Section 4662Sub Rosa SurveillanceQualified Medical Evaluator (QME)StipulationsFurther Development of the Record
References
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