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

Case No. ADJ2996723 (LAO 0841594), ADJ4157903 (LAO 0848595), ADJ4177198 (LAO 0848596)
Regular
May 30, 2017

JESUS HERNANDEZ vs. WARNER BROTHERS STUDIOS

The Workers' Compensation Appeals Board (WCAB) denied Warner Brothers Studios' petition for removal in the case of Jesus Hernandez. Removal is an extraordinary remedy granted only when substantial prejudice or irreparable harm will result from denial and reconsideration is inadequate. The WCAB found that Warner Brothers failed to demonstrate either of these conditions based on the WCJ's report. Therefore, the petition for removal was denied.

Petition for RemovalExtraordinary RemedySubstantial PrejudiceIrreparable HarmReconsideration Adequate RemedyWorkers' Compensation Appeals BoardWCJ ReportFinal DecisionAdverse DecisionApplicant
References
Case No. ADJ2263476 (VNO 0318779)
Regular
Apr 20, 2016

DARLENE FERRONA vs. WARNER BROTHERS, TIME WARNER ENTERTAINMENT CO; ZURICH LOS ANGELES

This case concerns Darlene Ferrona's entitlement to 24/7 home health care following a psyche and fibromyalgia injury. The defendant, Warner Brothers, sought reconsideration of an order granting these services, arguing that utilization review only authorized limited care and that new prescriptions were required per Labor Code section 4600(h). The Appeals Board denied reconsideration, affirming that the applicant's prior authorization of 24/7 home health care by treating physicians and subsequent stipulation established ongoing need. The Board clarified that while a prescription date is crucial for liability, a new prescription is not always necessary to continue approved, ongoing home health care if the applicant's condition has not changed, citing the precedent of *Patterson v. The Oaks Farm*.

Workers' Compensation Appeals BoardDarlene FerronaWarner BrothersZurich Los Angelesindustrial injurypsychefibromyalgiahome health careutilization reviewsubstantial medical evidence
References
Case No. ADJ6820021, ADJ6820115, ADJ6820640, ADJ6820664
Regular
May 11, 2012

GENOVEVA AYALA vs. WARNER BROTHERS

This case involves Genoveva Ayala's workers' compensation claims against Warner Brothers for multiple injuries. The Administrative Law Judge (WCJ) found some injuries to be established but excluded applicant's medical evidence regarding neurological and internal injuries due to alleged procedural violations. The Appeals Board granted reconsideration, finding that the applicant should have an opportunity to obtain admissible medical reports through the Qualified Medical Evaluator (QME) process, as defendants allegedly interfered with this process. Consequently, the issue of neurological and internal injuries is deferred for further evaluation.

Workers' Compensation Appeals BoardGenoveva AyalaWarner BrothersPermissibly Self-InsuredJoint Partial Findings of FactOrders and Notice of Intention to Appoint Regular PhysicianWorkers' Compensation Administrative Law Judge (WCJ)orthopedic injurycumulative traumaneurological system
References
Case No. ADJ6754063
Regular
Jun 06, 2013

GLENN WILLIAMS vs. WARNER BROTHERS ENTERTAINMENT, INC.

This case involves Glenn Williams, who claimed industrial injuries to his back, neck, shoulders, and elbows while employed by Warner Brothers Entertainment, Inc. The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration. The Board adopted the findings of the Administrative Law Judge (WCJ), who found the applicant's testimony credible. The WCJ's decision was supported by the Agreed Medical Examiner, Dr. Angerman, who concluded the applicant sustained industrial injuries due to arduous employment.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeAgreed Medical ExaminerSub rosa filmContinuous traumaIndustrial injuryCredibility findingOrthopedic complaintsSign writer
References
Case No. ADJ1799490 VNO 0531984 ADJ1619817 VNO 1619817
Regular
Feb 01, 2013

TONI PARKER vs. WARNER BROTHERS STUDIOS, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA

In Case No. ADJ1799490, the Appeals Board granted reconsideration and rescinded the WCJ's award, returning the case for further proceedings because Warner Brothers' due process rights were violated by a lack of service of rating instructions and the DEU rating. In Case No. ADJ1619817, the Board dismissed Warner Brothers' reconsideration petition as untimely but granted removal on its own motion to clarify administrative responsibility. The Board affirmed the WCJ's findings in ADJ1619817 but deferred the designation of the administering defendant, also returning it for trial-level determination.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardDue ProcessRating InstructionsDisability Evaluation UnitDEUPermanent DisabilityIndustrial InjuryBilateral Upper Extremities
References
Case No. ADJ1989935 (MON 0338981) ADJ4062863 (MON 0338982) ADJ2122205 (MON 0338983)
Regular
Jan 23, 2009

JOHNNY E. GOSS vs. WARNER BROTHERS STUDIO FACILITIES

Defendant's Petition for Reconsideration is dismissed as untimely; even if timely, it would be denied on the merits.

WORKERS' COMPENSATION APPEALS BOARDWarner Brothers Studio Facilitieslien claimmedical servicespetition for reconsiderationuntimelyjurisdictionalFindings and Awardadministrative law judgeWCJ
References
Case No. ADJ7407298
Regular
Apr 29, 2011

MARTHA PRETALIA vs. WARNER BROTHERS

Defendant Warner Brothers sought reconsideration or removal after the WCJ denied their motion to strike applicant's medical reports. The Appeals Board dismissed the Petition for Reconsideration because the order was not final, and denied the Petition for Removal as defendant failed to demonstrate significant prejudice or irreparable harm. The Board also declined to impose sanctions against the defendant. The defendant's argument regarding Labor Code section 4062.2 was not addressed as the primary issue was the procedural nature of the petitions.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalMinute OrderMotion to StrikeMedical ReportsLabor Code section 4062.2Agreed Medical ExaminerQualified Medical ExaminerFinal Order
References
Case No. ADJ7741851
Regular
Apr 22, 2013

SANDRA GALINDO vs. WARNER BROTHERS, INC.

Here's a summary of the case in four sentences for a lawyer: The defendant, Warner Brothers, seeks reconsideration of an order compelling payment for a panel Qualified Medical Evaluator's (PQME) second report, arguing it lacked substantial medical evidence. The Appeals Board denied reconsideration, adopting the WCJ's report which found no legal basis for the defendant's refusal to pay. The defendant's claims of inaccurate medical history in the PQME's report were unsubstantiated despite multiple opportunities to present evidence. The Board affirmed the obligation to pay the PQME's fees, penalties, and interest.

Panel QMEPetition for ReconsiderationOrder to PayMedical-legal costsSubstantial medical evidenceLabor Code Section 462260-day payment periodPenalty and interestFrivolous actionsDue process
References
Case No. ADJ8000726
Regular
Oct 03, 2016

KONG CHREA vs. WARNER BROTHERS STUDIOS

Defendant Warner Brothers Studios sought reconsideration of a Workers' Compensation Appeals Board decision awarding applicant Kong Chrea 77% permanent disability. The defendant argued the assigned permanent disability rating was not supported by substantial medical evidence under Almaraz/Guzman and that the applicant failed to prove his psychiatric injury was predominantly caused by his physical injury. The Board denied reconsideration, finding Dr. Sobol's report provided adequate justification for the rating and that Dr. O'Brien's opinion supported the psychiatric injury finding. A dissenting opinion argued Dr. Sobol's rating was impermissibly based on work function and speculative calculations.

Workers' Compensation Appeals BoardPermanent Disability RatingAlmaraz/GuzmanSubstantial Medical EvidencePsyche InjuryPredominant CauseAMA GuidesFunctional CapacityAlternative RatingDisability Schedules
References
Case No. ADJ1152468 (MON 0356199)
Regular
Sep 08, 2009

TROY FOREMAN vs. WARNER BROTHERS STUDIO ENTERPRISES

This case concerns a dispute over workers' compensation benefits following an industrial injury sustained by applicant Troy Foreman. The employer, Warner Brothers Studio Enterprises, sought reconsideration of a prior ruling. Key issues included the date applicant reached maximum medical improvement, the employer's obligation regarding returning the applicant to work, and the correct permanent disability indemnity rate. The Appeals Board granted reconsideration, affirming the prior award's core findings but amending specific details regarding notice of work offer, attorney fees, and the permanent disability indemnity rate.

Workers' Compensation Appeals BoardPetition for ReconsiderationTemporary Disability IndemnityPermanent Disability IndemnityLabor Code Section 4658Notice of Offer of Regular WorkRegular WorkModified WorkClerical ErrorFindings and Award
References
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