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

Case No. ADJ7553654, ADJ7550664
Regular
May 16, 2016

JOSE REYES vs. WESTERN LIGHTWAVE, AIG

The Workers' Compensation Appeals Board (WCAB) denied a petition for disqualification filed in the case of Jose Reyes v. Western Lightwave; AIG. The Board adopted the findings of the workers' compensation administrative law judge (WCJ) in its decision. While the WCAB denied the disqualification, it noted with concern allegations of unprofessional conduct by the applicant's former attorney and reminded all participants of their duty to act professionally.

Petition for DisqualificationWCJ ReportUnprofessional ConductUncivil ConductApplicant's AttorneyDuty to Act ProfessionallyCourteous ConductWorkers' Compensation Appeals BoardAdministrative Law JudgeDenied Order
References
Case No. ADJ1505960 (RDG 0127227)
Regular
May 29, 2009

JOSEPH RHOADS vs. WESTERN READY MIX, INC.; and TRAVELERS PROPERTY \& CASUALTY

This case involves a petition for reconsideration filed by defendant Western Ready Mix, Inc., and its insurer, Travelers Property & Casualty, regarding a March 12, 2009 decision. The Workers' Compensation Appeals Board has granted this petition for reconsideration. This action is necessary to allow the Board further time to thoroughly review the factual and legal issues presented. The Board intends to issue a just and reasoned decision after a complete understanding of the record.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting PetitionDecision After ReconsiderationStatutory Time ConstraintsFactual IssuesLegal IssuesJust and Reasoned DecisionFurther ProceedingsOfficial Address Record
References
Case No. ADJ7594309
Regular
Dec 08, 2014

ANA DURAND ACOSTA vs. WESTERN DENTAL SERVICE, HARTFORD ACCIDENT & INDEMNITY CO.

In this Workers' Compensation Appeals Board case, the applicant, Ana Durand Acosta, successfully established that she sustained a work-related injury to her spine and wrists while employed by Western Dental Service. The administrative law judge awarded temporary and permanent disability benefits based on this finding. The employer and their carrier sought reconsideration, arguing the trial proceeded prematurely and lacked sufficient medical evidence. The Board denied the petition, adopting the judge's report and affirming the original award.

Western Dental ServiceHartford Accident & Indemnity Co.cervical spine injurylumbar spine injurywrist injurytotal temporary disabilitypermanent disabilityapportionmentPetition for ReconsiderationFindings and Award
References
Case No. ADJ3388315 (SBR 0294441) ADJ683842 (SBR 0340933)
Regular
Jul 22, 2014

Marvin Camacho vs. Western Metal Lathe, Sompo Japan Insurance Company, Broadspire, Remedy Temp, Reliance National, California Insurance Guarantee Association, Williams Furnace Company, St. Paul Fire & Marine, Kimco Staffing, Liberty Mutual Insurance

The Workers' Compensation Appeals Board denied Williams Furnace Company's petition for reconsideration and granted Sompo Japan Insurance Company's petition. The Board affirmed the original award for Marvin Camacho's neck and back injuries sustained while employed by Remedy Temp and Western Metal Lathe, as well as prior injuries to his cervical and lumbar spine from Williams Furnace Company. Issues of temporary total disability, additional attorney's fees, and other matters were deferred for further development at the trial level. Liberty Mutual Insurance, carrier for Kimco Staffing, was dismissed from the case.

WORKERS' COMPENSATION APPEALS BOARDWESTERN METAL LATHESOMPO JAPAN INSURANCE COMPANYBROADSPIREREMEDY TEMPRELIANCE NATIONALCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONWILLIAMS FURNACE COMPANYST. PAUL FIRE & MARINEKIMCO STAFFING
References
Case No. ADJ6622890
Regular
Mar 10, 2014

GIOVANNA MUNOZ vs. MARY ADAMS COLLINS, ALLSTATE, SPECIALTY RISK SERVICES

The Workers' Compensation Appeals Board dismissed Western Imaging's Petition for Reconsideration as untimely. The Board found that Western Imaging's claim of non-receipt of the Order Dismissing Lien Claim was insufficient to overcome the presumption of service created by the defendant's proof of service and the ordinary course of mail. Even if Western Imaging's declaration were considered, the Board found credible evidence that they did, in fact, receive the order. Due to the untimeliness, the Board lacked jurisdiction to consider the petition.

Petition for ReconsiderationProof of ServiceRebuttable PresumptionOrdinary Course of MailUntimelyJurisdictionLien ClaimWCABAdministrative Law JudgeWestern Imaging
References
Case No. ADJ1774000
Regular
Aug 22, 2013

KEVIN SMITH vs. THE HOME DEPOT, LIBERTY MUTUAL INSURANCE COMPANY

Here's a summary of the case for a lawyer: The Workers' Compensation Appeals Board denied a petition for reconsideration filed by lien claimant Western Pharmaceuticals. Western Pharmaceuticals' lien was dismissed by the WCJ due to failure to pay the lien activation fee as required by Labor Code Section 4903.06, and their failure to appear at the lien conference. Although the WCJ initially stated the petition for reconsideration was unverified, the Board noted it was, but still adopted the WCJ's reasoning to deny the petition. Therefore, the lien remains dismissed.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ Reportlien claimantlien activation feeLabor Code Section 4903.06EAMS File Net Systemlien conferencedismissed with prejudiceWestern Pharmaceuticals
References
Case No. ADJ6736602 (MF); ADJ6736601; ADJ6736597; ADJ8013380
Regular
Sep 06, 2012

SABRINA TAANING vs. EAST BAY MUNICIPALITY UTILITY DISTRICT, Permissibly Self-Insured; Adjusted By ATHENS ADMINISTRATORS

The Workers' Compensation Appeals Board (WCAB) denied the applicant's petition for reconsideration. The applicant, a surveyor, claimed she contracted Lyme disease from tick bites sustained during employment with East Bay Municipal Utility District. The WCAB found that the applicant did not sustain injury arising out of and in the course of employment. The WCAB specifically adopted the reasoning of the Workers' Compensation Administrative Law Judge (WCJ), which found the medical report of Dr. Thomas Allems to be substantial evidence supporting this conclusion. The WCAB also admonished the applicant's attorney for failing to comply with rules requiring fair and accurate representation of the evidence in the petition.

Lyme diseaseAOE/COEPetition for ReconsiderationWCJ reportsubstantial evidencetick bitesBorrelia burgdorferiWestern blotPCR testingdiagnostic criteria
References
Case No. ADJ2223312 (ANA 0409909)
Regular
Oct 28, 2015

GREG CALLAHAN vs. ROSS & BARROWS, STATE COMPENSATION INSURANCE FUND

This case concerns a lien claimant, Western Medical Center, seeking payment for medical services rendered to applicant Greg Callahan. The Workers' Compensation Appeals Board (WCAB) denied reconsideration of an administrative law judge's ruling that the WCAB lacks jurisdiction to determine the lien dispute. This is because an "express agreement," established through a chain of contracts between Western Medical Center, Blue Cross, and the defendant insurer (SCIF), fixed the payment rates. Labor Code section 5304 divests the WCAB of jurisdiction when such an agreement exists, and section 5307.11 does not grant jurisdiction in this scenario.

Workers' Compensation Appeals BoardLabor Code Section 5304Lien DisputeJurisdictionContract RateManaged Care NetworkOther PayorsExpress AgreementChain of ContractsSection 5307.11
References
Case No. ADJ187153 (AHM 0108802), ADJ2066706 (AHM 0108887)
Regular
May 18, 2009

BEVERLY PHILLIPS vs. WESTERN DIGITAL, SPECIALTY RISK SERVICES

This case involves an appeal regarding vocational rehabilitation maintenance allowance (VRMA) benefits awarded after Labor Code Section 139.5 was repealed. The defendant argued the WCJ lacked jurisdiction due to the repeal, and the applicant was not a qualified injured worker. The Appeals Board granted reconsideration to await a binding en banc decision in *Weiner v. Ralphs Company* on the jurisdictional impact of the repeal. The current award was rescinded and returned to the trial level pending that precedent-setting decision.

Workers' Compensation Appeals BoardVocational Rehabilitation Maintenance AllowanceLabor Code Section 139.5RepealJurisdictionQualified Injured WorkerReconsiderationEn Banc DecisionWeiner v. Ralphs CompanyAmicus Briefs
References
Case No. ADJ606366 OAK 0302306 ADJ2083990 OAK 0321409 ADJ2947074 OAK 0302408
Regular
Apr 22, 2013

WILLIAM CREESE vs. WESTERN MANAGEMENT, GALLAGHER BASSETT, ACE INSURANCE COMPANY, CIGA, BROADSPIRE, SUPERIOR NATIONAL INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded the prior decision of the Workers' Compensation Judge (WCJ). The WCAB returned the case to the trial level for further proceedings and a new decision by the WCJ. This action is not a final determination on the merits of the applicant's claim or CIGA's reimbursement request.

WCABReconsiderationRescindFurther ProceedingsReimbursementInterestTrial LevelCIGALiquidationSuperior National Insurance Company
References
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