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

Case No. ADJ2854178 (VNO 0456317)
Regular
Jun 07, 2010

BELITA RIGOLI-BETANCOURT vs. VONS, A SAFEWAY COMPANY

This case involves Vons disputing a 100% permanent disability award for an employee, Belita Rigoli-Betancourt. Vons argues the award is erroneous due to a lack of proper apportionment of prior disability and the incorrect application of the Permanent Disability Rating Schedule. The Appeals Board found that the medical evidence supporting the 100% award was speculative and lacked substantial evidence regarding apportionment. Therefore, the case was returned to the trial level for further proceedings to develop the record and issue a new decision.

ADJ2854178VNO 0456317Rigoli-BetancourtVonsSafeway Companypermanent disabilityapportionmentLabor Code section 4664Labor Code section 4663prior permanent disability award
References
Case No. ADJ9762823
Regular
Mar 04, 2016

CDWARD VACA vs. VONS

The Workers' Compensation Appeals Board (WCAB) granted the defendant Vons' petition for reconsideration of a prior decision. This action was taken due to statutory time constraints and an initial review indicating further study of the factual and legal issues is necessary for a just decision. All future filings related to this petition must be directed to the WCAB Commissioners' office in San Francisco, not district offices or e-filed. This order ensures proper handling of the case pending a full review and decision by the Appeals Board.

Workers' Compensation Appeals BoardReconsideration GrantedPetition for ReconsiderationVonsAlbertsons HoldingsEdward VacaWCJ decisionstatutory time constraintsfactual and legal issuesjust and reasoned decision
References
Case No. ADJ2854178
Regular
Apr 27, 2010

DELITA RIGOLI-BETANCOURT vs. VONS, A SAFEWAY COMPANY

Defendant Vons sought reconsideration of a February 3, 2010 decision. The Workers' Compensation Appeals Board (WCAB) granted the petition for reconsideration. This was done to allow further study of the factual and legal issues to ensure a just and reasoned decision. Pending the decision after reconsideration, all communications must be filed with the WCAB's Office of the Commissioners, not a local office.

Workers' Compensation Appeals BoardPetition for ReconsiderationStatutory time constraintsFactual and legal issuesDecision After ReconsiderationOffice of the CommissionersPermissibly Self-InsuredVonsSafeway Company
References
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
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
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
Case No. ADJ1010087 (FRE 0250087)
Regular
Nov 22, 2008

TAMMY BALDRIDGE vs. VONS, a SAFEWAY COMPANY

The Workers' Compensation Appeals Board granted reconsideration to rescind a prior award of spinal surgery for Tammy Baldridge. The Board found that the defendant timely denied the surgery through utilization review and that the applicant failed to meet her burden of proof. Specifically, the applicant did not demonstrate that the recommended surgery was medically reasonable and necessary, particularly in light of the ACOEM Guidelines and conflicting medical opinions.

Workers' Compensation Appeals BoardTammy BaldridgeVonsSafeway CompanyReconsiderationFindings and AwardSpinal SurgeryAnterior Cervical DiscectomyInterbody FusionInstrumentation
References
Case No. ADJ3565194 (BAK 0139614)
Regular
Dec 04, 2015

TAMMY AGOSTA vs. VONS, A SAFEWAY COMPANY

The applicant sought reconsideration of a workers' compensation award of $61\%$ permanent disability for an industrial injury. She argued that the administrative law judge erred and that she should be found permanently totally disabled ($100\%$) based on vocational expert and medical evaluations. The Workers' Compensation Appeals Board denied her petition, adopting the WCJ's report. However, one commissioner dissented, arguing that the applicant's significant medical restrictions and vocational expert's opinion supported a finding of $100\%$ permanent disability.

AgostaVonsSafewayWorkers' Compensation Appeals BoardPetition for ReconsiderationFindings Orders and Awardadministrative law judgecumulative injuryright shoulderright upper extremity
References
Case No. ADJ6676950 ADJ6677323
Regular
Aug 19, 2014

SANTOS ARELLANO vs. VONS, A SAFEWAY COMPANY; Permissibly Self-Insured

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Reconsideration because it was not filed from a final order determining substantive rights or liabilities. The Board also denied the petition for removal, finding no showing of substantial prejudice or irreparable harm. The WCJ's report, which was incorporated by reference, provided the reasons for denying removal. Therefore, the petition was dismissed and removal denied.

Petition for ReconsiderationFinal OrderInterlocutory OrderSubstantive RightLiability DeterminationRemovalAdministrative Law Judge's ReportPrejudiceIrreparable HarmWCAB
References
Case No. ADJ724329 (LAO 0863195)
Regular
Jan 28, 2010

BRAMBILA vs. VONS, INC.

The Workers' Compensation Appeals Board denied reconsideration to MH Express Pharmacy. The lien claimant sought additional payment for medications provided to the applicant, arguing they were prescribed by MPN physicians. However, the employer had established a Pharmacy Benefit Network (PBN) before the applicant's injury, and the lien claimant was not part of this network. The Board found the lien claimant misrepresented the record by claiming the PBN contract was not in evidence, and affirmed the denial of further payment for medications dispensed outside the PBN.

Workers' Compensation Appeals BoardLien ClaimantPharmacy Benefit NetworkMedical Provider NetworkFindings and OrderReconsiderationLabor Code section 4600.2(a)Compromise and ReleaseOfficial Medical Fee ScheduleBad Faith Tactics
References
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