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

Case No. ADJ9689895
Regular
Sep 19, 2025

ROBERT GONZALES vs. NORTHROP GRUMMAN SERVICES CORPORATION, AIG

The Appeals Board denied Northrop Grumman's petition for removal, finding no substantial prejudice or irreparable harm. The defendant argued the judge erred by not requiring a pre-trial conference statement at the mandatory settlement conference and by setting the matter for trial without notice of issues. However, the Board noted that defendant's own actions invited or waived the alleged error, and a subsequent filing of the statement rendered the argument moot. Removal is an extraordinary remedy, and reconsideration is an adequate remedy for any potential adverse decision.

Petition for RemovalWorkers' Compensation Appeals BoardWCJMandatory Settlement ConferencePre-Trial Conference StatementTriable IssuesLabor Code Section 5811WCAB Rule 10515DemurrersPetitions for Judgment on Pleadings
References
Case No. ADJ6884377
Regular
Jul 01, 2011

JULIE PATTERSON vs. SAFEWAY INC.

Here's a summary for a lawyer in four sentences: The Workers' Compensation Appeals Board denied reconsideration for lien claimant Cole Chiropractic's petition regarding applicant Julie Patterson's claim against Safeway Inc. The Board adopted the Administrative Law Judge's (ALJ) report, which found that the lien claimant waived issues concerning service of medical reports by failing to raise them before reconsideration. The ALJ also determined that the applicant failed to establish a compensable cumulative injury, and the lien claimant sought reimbursement for treatment for a non-compensable condition outside the statutory liability window. Ultimately, the Board found the Agreed Medical Examiner's opinion more persuasive and denied the lien claimant's request for payment.

WCABSafeway Inc.Julie PattersonADJ6884377Order Denying ReconsiderationPetition for ReconsiderationWCJWCAB Rule 10608(c)waivedRemoval
References
Case No. ADJ7845799, ADJ7931182
Regular
Jan 04, 2017

GARRY DAWSON vs. COUNTY OF LOS ANGELES

This case involves a Petition for Reconsideration by the defendant, the County of Los Angeles, challenging the admission of an Agreed Medical Examiner's (AME) report. The Workers' Compensation Appeals Board denied the petition, finding that the defendant waived any objection to the report and the communication of non-medical information to the AME. The Board specifically rejected the defendant's argument that the AME's report was improper based on *Blackledge v. Bank of America*. Therefore, the petition for reconsideration was denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationAgreed Medical Examiner (AME)Disability Evaluation Unit (DEU)consultative ratingex parte communicationwaived objectionsLabor Code section 4062.3Rule 35Joint Exhibit
References
Case No. ADJ7281695
Regular
Feb 02, 2017

MARIA COSME HERNANDEZ vs. CARDENAS MARKET, INC., PENNSYLVANIA MANUFACTURERS ASSOCIATION INSURANCE GROUP, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The Board affirmed the WCJ's finding that the applicant was not a credible witness, giving great weight to the WCJ's observation of her demeanor. The Board also found no substantial evidence to overturn the credibility determination and noted the applicant's failure to meet her burden of proof by a preponderance of the evidence. Furthermore, any objection to the admissibility of defendant's Exhibit A was deemed waived due to the lack of objection at trial.

Petition for ReconsiderationCredibility DeterminationDemeanor on the StandSubstantiality of EvidenceBurden of ProofPreponderance of EvidenceIndustrial InjuryAdmissibility of EvidenceWaived ObjectionWorkers' Compensation Appeals Board
References
Case No. ADJ126476
Regular
Aug 16, 2010

DELFINA MORENO vs. HARBORSIDE INNS OF SANTA BARBARA, INSURANCE COMPANY OF THE WEST, EXPLORER INSURANCE

The Workers' Compensation Appeals Board denied reconsideration of a chiropractor's lien claim for $9,671.52. The Board found the lien claimant waived any challenge to the existence of the employer's Medical Provider Network (MPN) by failing to raise it before trial. Furthermore, the lien claimant failed to meet his burden of proving he was part of the defendant's MPN when providing services. Despite repeated notices that he was not authorized and not in the MPN, the chiropractor continued treatment, and the defendant is not obligated to pay for services procured outside the MPN.

Medical Provider NetworkMPNlien claimantreconsiderationwaived issueburden of proofindustrial injurycompromise and releaseworkers' compensationadministrative law judge
References
Case No. ADJ1 403905 (LBO 0392263)
Regular
Oct 02, 2012

LATRICE JONES vs. PAYLESS SHOES, Permissibly Self-Insured

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The defendant argued the WCJ erred by finding an industrial injury and excluding certain witnesses. The Board found the WCJ's credibility determination of the applicant's testimony regarding the assault to be within the WCJ's purview. Additionally, the defendant failed to preserve its arguments regarding excluded witnesses as they were not properly recorded in the record. Finally, issues regarding whether the injury occurred in the course and scope of employment were waived as they were not raised at trial or in the petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationDenying PetitionAdministrative Law JudgeFindings and OrderIndustrial InjuryCredibility DeterminationsWitness TestimonyMinutes of HearingSummary of Evidence
References
Case No. ADJ8103143
Regular
Dec 04, 2015

CHUONG VO vs. ZONARE MEDICAL SYSTEMS, INC., ONE BEACON INSURANCE COMPANY

This case involves a defendant seeking reconsideration of an order enforcing an Independent Medical Review (IMR) determination that authorized applicant's requested cervical surgery. The defendant argued a subsequent conflicting IMR determination, the WCJ's lack of jurisdiction, and an improper physician signature on the initial request voided the original IMR. The Appeals Board denied reconsideration, finding that a later IMR does not negate a prior one, the WCJ had jurisdiction to enforce the IMR, and the defendant waived the physician signature argument by proceeding with utilization review.

Independent Medical ReviewUtilization ReviewPetition for ReconsiderationLabor Code section 4610Labor Code section 4610.5anterior cervical decompression and fusionposterior cervical decompression and fusionmedical necessitywaived argumentsecondary treating physician
References
Case No. ADJ1980864 (SDO 0296241)
Regular
Dec 16, 2013

KATHERINE TARTER vs. SAN DIEGO TRANSIT

Here's a concise summary for a lawyer: The Appeals Board denied the self-insured defendant's petition for reconsideration, affirming the WCJ's award of temporary total disability and a 25% penalty for unreasonable refusal to pay. The Board found the defendant waived the argument that a prior stipulated award barred the penalty claim, as this issue was raised for the first time on appeal. The defendant's contention that temporary disability should be based on post-injury earnings was also rejected. Finally, the Board will return the case for further proceedings concerning misrepresentations in the defendant's petition.

WCABPetition for ReconsiderationFindings Award and OrderTemporary Total DisabilityLabor Code section 5814Unreasonable RefusalPenaltiesLabor Code section 4650San Diego TransitPermissibly Self-Insured
References
Case No. ADJ6784503-M; ADJ7336025
Regular
Aug 24, 2012

WILLIAM AGUILAR vs. TIME WARNER CABLE INC.

This case involves William Aguilar's claim for psychiatric injury against Time Warner Cable, stemming from two periods of employment. The Administrative Law Judge found Aguilar sustained industrial psychiatric injuries in both roles and ruled the defendant waived the "good faith personnel action" defense under Labor Code section 3208.3(h). While the majority affirmed the WCJ's decision, finding the defense was not raised properly and not proven even if considered, Commissioner Lowe dissented. Commissioner Lowe argued the defense was timely raised and that the employer's reassignment of territories constituted a good faith personnel action, thereby barring compensation.

Labor Code 3208.3(h)Good Faith Personnel ActionPsychiatric InjuryCumulative Industrial InjuryReconsiderationWCJ ReportDissenting OpinionObjective Good Faith StandardSubstantial CausePredominant Cause
References
Case No. ADJ3887642 (MON 0244638) ADJ2350388 (MON 0241177)
Regular
Feb 04, 2010

MARION BARNES vs. JOHN RIORDAN PLUMBING, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

The California Workers' Compensation Appeals Board denied reconsideration of a prior order finding that the defendant waived its claim for credit of overpaid temporary disability indemnity. This waiver occurred because the defendant failed to challenge a previous WCJ order from July 2009 that determined the issue had already been waived. The Board affirmed that the July 2009 order was a final order because it determined a substantive right of the parties. Therefore, the defendant could not relitigate this waived issue.

Workers' Compensation Appeals BoardCalifornia Insurance Guarantee Associationliquidationcovered claimscredit for overpaymenttemporary disability indemnitywaiverfinal ordersubstantive rightreconsideration
References
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