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

Case No. MISSING
Regular Panel Decision

Volt Technical Services Corp. v. Immigration & Naturalization Service

Plaintiff Volt Technical Services Corp. applied for H-2 visas for nuclear start-up technicians, which the Immigration and Naturalization Service (INS) denied, asserting the need was permanent, not temporary. After the denial was affirmed on appeal, Volt filed suit, alleging the INS's decision was arbitrary and capricious. The court upheld the INS's interpretation of the Immigration and Nationality Act § 101(a)(15)(H)(ii), which requires the employer's need for services to be temporary, not just the individual assignments. Finding that Volt demonstrated a recurring need for such technicians over several years, the court granted the INS's motion for judgment on the pleadings and denied Volt's.

Immigration LawH-2 visasNonimmigrant WorkersTemporary EmploymentImmigration and Nationality ActAdministrative Procedures ActDeclaratory Judgment ActAgency InterpretationJudicial ReviewNuclear Industry
References
5
Case No. MISSING
Regular Panel Decision

Americredit Financial Services, Inc. v. Oxford Management Services

AmeriCredit Financial Services, Inc. (AmeriCredit) commenced an action to confirm an arbitration award against Oxford Management Services (OMS). OMS cross-moved to vacate the award, alleging the arbitrator exceeded his powers by dismissing a counterclaim and manifestly disregarded the law. The arbitrator had dismissed OMS's counterclaim for spoilation of evidence. The Court affirmed the arbitrator's decision, finding he did not exceed his authority under the RSA by dismissing the counterclaim or by interpreting the contract terms regarding account termination. The Court also found no manifest disregard for the law, concluding the arbitrator's decision was rationally supported by the record. Consequently, AmeriCredit's motion to confirm the award was granted, and OMS's motion to vacate was denied.

Arbitration Award ConfirmationArbitration Award VacaturFederal Arbitration ActManifest Disregard of LawArbitrator PowersSpoilation of EvidenceContract InterpretationCollection Agency DisputeSummary ProceedingJudicial Review of Arbitration
References
41
Case No. ADJ11368246
Regular
Mar 03, 2020

Marta Ubillus vs. One Stop Employment Services, LLC/Vensure Employer Services, Security National Insurance Company, State National Insurance Company

The Workers' Compensation Appeals Board (WCAB) denied the lien claimant's petition for reconsideration regarding the valuation of interpreter services. The WCAB adopted the Administrative Law Judge's (ALJ) report, which found that while the defendant did not present rebuttal evidence, the ALJ had substantial evidence to make a determination. The ALJ determined a market rate of $114.97 per hour but noted the lien claimant failed to provide sufficient evidence of the duration of services on most dates, preventing application of the market rate. Consequently, the statutory rate was applied for those services.

WCABPetition for ReconsiderationDeniedLien ClaimantInterpreter ServicesMarket RateStatutory RateWCJ ReportSubstantial EvidenceFindings and Award
References
1
Case No. WCK 0068998
Regular
Jan 22, 2008

LINDA FONTENOT vs. BARRETT BUSINESS SERVICES INC., PINNACLE RISK MANAGEMENT SERVICES

The Workers' Compensation Appeals Board (WCAB) rescinded sanctions imposed against Barrett Business Services Inc. (represented by Pinnacle Risk Management Services) and its adjustor, Chamber Medical Collections, Inc. (CMC), for failing to appear at a hearing. The WCAB found that CMC provided a reasonable excuse for its non-appearance, supported by a doctor's note, and deemed the sanctions disproportionate. The matter was returned to the trial level for further proceedings on other sanctions and the underlying lien claim.

Workers Compensation Appeals BoardReconsiderationSanction OrdersLien ClaimantFailure to AppearWCJPetition for ReconsiderationTimelinessReasonable ExcuseDoctor's Statement
References
0
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. ADJ3196685 (PAS 0043967) MF ADJ2175299 (PAS 0043966)
Regular
Jul 20, 2015

ALICIA SZUMAN vs. JAY NOLAN COMMUNITY SERVICES, HIH INSURANCE, in liquidation/CIGA, STATE OF CALIFORNIA, DEPARTMENT OF SOCIAL SERVICES-IN HOME SUPPORT SERVICES, YORK SERVICES GROUP

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision in the case of Alicia Szuman v. Jay Nolan Community Services et al. This grant was sought by the defendant to allow further study of the factual and legal issues. The WCAB has ordered that all future correspondence related to the petition for reconsideration must be filed directly with the Office of the Commissioners. This order is effective pending the issuance of a formal Decision After Reconsideration.

Workers' Compensation Appeals BoardReconsideration GrantedPetition for ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionOffice of the CommissionersElectronic Adjudication Management SystemEAMSTrial Level Documents
References
0
Case No. ADJ9040755
Regular
Apr 26, 2018

JUAN MARTINEZ vs. AREVALO LANDSCAPING SERVICE, CYPRESS INSURANCE COMPANY

This case concerns a lien claimant, Citywide Scanning Service, seeking reconsideration of a Workers' Compensation Appeals Board (WCAB) finding that their services were valued at $\$2,091.61$. The lien claimant argued that the defendant waived objections by failing to submit timely explanations of review (EORs) and that their billing was supported by evidence, entitling them to penalties. The WCAB denied reconsideration, finding that the issue of timely EORs was waived as it was not raised at the initial trial. The only remaining issue for trial was the reasonable value of the services, and the WCAB upheld the administrative law judge's determination.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationFinding and OrderExplanation of Review (EOR)Reasonableness and NecessityLachesPhotocopy ServicesCompromise and ReleaseLien Trial
References
1
Case No. ADJ10823002
Regular
Sep 11, 2017

JEANETTE GONZALEZ vs. DEPARTMENT OF SOCIAL SERVICES - INHOME SUPPORT SERVICES, YORK RISK SERVICES GROUP, INC.

This case concerns a venue dispute where the applicant initially filed in Van Nuys, based on her attorney's office location. The defendant, Department of Social Services, objected within the statutory 30-day period and requested a transfer to Sacramento. The WCAB granted the defendant's Petition for Removal, finding that forcing the defendant to attend a status conference on the venue issue would cause prejudice. The WCAB then rescinded the WCJ's order setting the status conference and granted the defendant's petition to transfer the case to the Sacramento District Office.

Workers' Compensation Appeals BoardPetition for RemovalOrder Setting Status ConferencePetition to Change VenueVenue PetitionLabor Code section 5501.5attorney's principal place of businessprejudiceirreparable harmmandatory venue transfer
References
1
Case No. ADJ226850 (RIV 0064373)
Regular
Oct 31, 2017

DEBRA CHADWELL vs. SCULLY DISTRIBUTION SERVICES, LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) overturned a prior decision, ruling that defendants must reinstate home health care and skilled nursing services for the applicant. The defendants had unilaterally terminated these previously authorized services without demonstrating a change in the applicant's condition or circumstances. The WCAB found that once authorized, such services must continue unless the employer proves they are no longer medically necessary. Therefore, the defendants are obligated to provide the services as recommended by the applicant's physician.

Workers' Compensation Appeals BoardUtilization ReviewNon-certificationHome Health CareSkilled Nursing ServicesPrimary Treating PhysicianUnilateral TerminationChange in CircumstancesReconsiderationIndustrial Injury
References
4
Case No. ADJ10713537
Regular
Jun 08, 2018

ROBIN SHELINE vs. STATE OF CALIFORNIA IN-HOME SUPPORTIVE SERVICES, YORK RISK SERVICES GROUP, INC.

This case involves an attorney's petition for reconsideration of a stipulation and order that dismissed the applicant's claim for $1,500.00 and awarded no attorney fees. The Workers' Compensation Appeals Board (WCAB) dismissed the petition because it failed to comply with WCAB rule 10778, which requires proof of service on the applicant regarding the attorney's adverse interest and the applicant's right to independent counsel. Had the petition not been dismissed on procedural grounds, the WCAB indicated it would have denied it on the merits, citing the WCJ's Report that questioned the attorney's representation and noted the WCJ had to intervene to increase the settlement.

Workers' Compensation Appeals BoardPetition for ReconsiderationStipulation and OrderApplicantIn-Home Supportive ServicesAttorney FeesWCJDismissalWCAB Rule 10778Adverse Interest
References
0
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