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

Case No. ADJ394613 (VNO 0530712) ADJ2266356 (VNO 0530710)
Regular
Apr 01, 2016

MARIA ESTRELLA vs. NATIONAL EXPRESS CORPORATION

The Workers' Compensation Appeals Board (WCAB) granted removal to a lien claimant after a judge excluded four exhibits. The WCAB found that two of the excluded exhibits, representing certifications and financial interest notifications, were sufficiently listed on the Pre-Trial Conference Statement. Therefore, the WCAB admitted these two exhibits into evidence, amending the judge's prior order. The remainder of the judge's order, excluding the other two exhibits, was affirmed.

Petition for RemovalLien ClaimantWorkers' Compensation Appeals BoardWCJExhibitsPrejudiceIrreparable HarmPre-Trial Conference StatementServiceNotification of Certification
References
1
Case No. ADJ7934540 ADJ7934544
Regular
Jan 13, 2020

JUAN LOPEZ vs. JOHN A. VAN LEEUWEN DAIRY, ZENITH INSURANCE COMPANY, IMPERIUM INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to lien claimants after a WCJ excluded their exhibits due to failure to submit exhibit lists with the Pretrial Conference Statement (PTCS). The WCAB found that lien claimants demonstrated good cause, citing excusable neglect by their representative and the constitutional mandate for substantial justice and due process. Therefore, the WCAB rescinded the WCJ's order and returned the matter for further proceedings, allowing lien claimants to amend the PTCS with their exhibit lists. This decision prioritizes a decision on the merits over procedural omissions in this case.

WCABPetition for ReconsiderationJoint Findings and Orderslien claimantsWCJPretrial Conference Statement (PTCS)excusable neglectFox v. Workers' Comp. Appeals Bd.substantial justicedue process
References
10
Case No. ADJ8050301
Regular
Oct 24, 2016

LYDIA BARELA vs. COUNTY OF FRESNO, RISICO CLAIMS

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision that dismissed a lien claimant's evidence and lien. The WCAB found the administrative law judge erred by excluding exhibits without adequate explanation, given the WCAB's informal evidentiary standards and ability to admit hearsay. The case is returned to the trial level for the judge to re-evaluate each exhibit's admissibility considering these relaxed rules of evidence. The WCAB also clarified that copy service fees for medical records are recoverable medical-legal expenses.

Lien claimantPetition for Reconsiderationinadmissible evidencehearsayfoundationLabor Code section 5708informal proceedingsauthenticationmedical-legal expensesLabor Code section 4622
References
5
Case No. ADJ1856849
Regular
Aug 21, 2014

ROGELIO MERLOS vs. AJ SLENDERS DAIRY, ZENITH INSURANCE COMPANY

This Workers' Compensation Appeals Board (WCAB) notice indicates they are reconsidering a prior ruling that excluded defendant's exhibits A through M as irrelevant. The WCAB believes these exhibits may be relevant to the issues presented at trial. Absent timely written objection demonstrating good cause, these exhibits will be admitted into evidence. This decision will inform the final determination on the defendant's petition for reconsideration.

Petition for ReconsiderationExhibits A through MWCJNotice of Intention to Admit EvidenceWorkers' Compensation Appeals BoardWorkers' Compensation Administrative Law JudgeGood CauseWritten ObjectionDemonstration of Good CauseService of Notice
References
0
Case No. ADJ9242952, ADJ9242953
Regular
Mar 08, 2018

KERRINA CRAGUN vs. VARGO PHYSICAL THERAPY, INC., TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

This case involves the applicant's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision that excluded several key exhibits. The WCAB granted reconsideration to re-examine the admissibility of evidence, specifically concerning Utilization Review (UR) and Independent Medical Review (IMR) determinations. The WCAB affirmed the original award but amended it to defer rulings on exhibit admissibility and the validity of the July 19, 2016 UR determination. The matter is returned to the WCJ for further proceedings on these deferred issues.

Workers Compensation Appeals BoardPetition for ReconsiderationJoint Findings Award OrdersWorkers Compensation Administrative Law JudgeUtilization ReviewIndependent Medical ReviewRequest for AuthorizationLabor Code Section 5814.5Stipulations With Request for AwardPenalties
References
5
Case No. ADJ3390481 (LBO 0329915) ADJ4485849 (LBO 0338530) ADJ4560133 (LBO 0338531)
Regular
Feb 06, 2017

GILDARDO PATINO vs. TERRA PAVE, INC., ARROWOOD INDEMNITY COMPANY, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted the defendant's Petition for Removal, rescinding a prior Findings and Order (F&O). The defendant argued the original F&O, which admitted all exhibits over objection and deferred further depositions, would cause significant prejudice. The WCAB agreed with the judge's report recommending removal and substituted its own order. This new order allows the defendant to conduct further depositions of the applicant and the Agreed Medical Evaluator, Roger Sohn, M.D., while still admitting all exhibits into evidence.

Petition for RemovalFindings and OrderAgreed Medical EvaluatorWCJWCABFurther DepositionsIndustrial InjuryTerra PaveArrowood Indemnity CompanyState Compensation Insurance Fund
References
1
Case No. ESRP 99030 (WCAB Case No. ADJ3304426 [RIV 0019356])
Regular
Jun 13, 2017

JIMMIE WISE vs. EASTSIDE RESERVOIR PROJECT/AWZ, ITT HARTFORD, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of its prior dismissal of the defendant's petition. The WCAB acknowledged an arithmetical error in calculating the timeliness of an arbitrator's order modifying the original findings and award. The arbitrator's order was timely, thus the WCAB affirmed this aspect and returned the case to the arbitrator for further proceedings. However, the dismissal of the defendant's petition for failure to properly serve the arbitrator was affirmed.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardFurther Medical TreatmentSurgeryAlternative Dispute Resolution AgreementMediator's OrderRule 10850Rule 10859Arithmetical Error
References
2
Case No. ADJ8762625 (MF) ADJ8782686
Regular
Aug 20, 2018

MARCELA CAMERENA vs. STONEHAVEN, INC., EVEREST NATIONAL INSURANCE COMPANY, Administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, INC., EAH INCORPORATED, UNITED STATES FIRE INSURANCE, Administered by CRUM & FORSTER HOLDINGS CORP.

This case concerns a lien claimant's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision. The WCAB granted reconsideration to modify the original award regarding the reasonableness of services and the reimbursement amount. Ultimately, the WCAB found that the lien claimant's "lien/legal fee" service was not reasonable, but affirmed reimbursement for other services at $\$9,759.32$, concluding the defendant waived objections to most costs due to a failure to contest within the statutory 60-day period. The WCAB also upheld the exclusion of a specific exhibit for failing to comply with discovery rules.

Lien ClaimantPetition for ReconsiderationJoint Findings of FactAward & OrderWorkers' Compensation Appeals BoardWCJReasonable ServicesFee SchedulePenalties and InterestLabor Code section 4622
References
22
Case No. ADJ7618189
Regular
Nov 26, 2012

RUBEN OROZCO vs. EXACT STAFF, INC.; TOWER/NSM INSUREX, Administered by YORK INSURANCE SERVICES GROUP

This case involves lien claimants Anderson Chiropractic and Santana Lopez seeking reconsideration of an order disallowing their liens. The Workers' Compensation Appeals Board granted reconsideration because a crucial exhibit, Exhibit 6, was incomplete in the record. Lien claimants are ordered to file a complete copy of Exhibit 6 within 10 days to allow the Board to properly review the case. This action is necessary for the Board to study the facts and applicable law concerning the disallowed liens.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien claimantsFindings and OrdersDisallowed liensExhibit 6Administrative law judgeWCJSupplemental pleadingSan Francisco
References
0
Case No. ADJ10202437, ADJ10383918
Regular
Jul 26, 2018

JOACHIM SCHNEIDER vs. SALINAS VALLEY MEMORIAL HOSPITAL, ACCLAMATION INS. MGT. SERVICES

This case involves a Petition for Removal concerning an Order for Additional Qualified Medical Evaluator. The Workers' Compensation Appeals Board (WCAB) previously granted removal and issued a notice of intention to admit specific medical records and a supplemental report into evidence. As no objections were filed by the parties, the WCAB has admitted these exhibits. Consequently, the WCAB affirms the WCJ's original Order.

Workers' Compensation Appeals BoardRemovalQualified Medical EvaluatorMedical RecordsSupplemental ReportPetition for RemovalAnswerReport and RecommendationWCJ's ReportExhibit Admission
References
0
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