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

Case No. ADJ361855 (GOL 0100706) ADJ987728 (GOL 0100705)
Regular
Jun 06, 2011

CYNTHIA SIEGERT vs. COTTAGE HEALTH SYSTEM; Permissibly Self-Insured, Administered by KEENAN & ASSOCIATES

The Appeals Board granted the applicant's petition for reconsideration and denied the defendant's. It affirmed the original award of 45% permanent disability, finding the Agreed Medical Evaluator's (AME) deposition testimony admissible and substantial evidence. The Board amended the temporary disability period to extend to March 27, 2008, finding applicant reached Maximal Medical Improvement on that date. Finally, the Board deferred the issue of further medical treatment, including acupuncture, for evaluation by the AME.

Workers Compensation Appeals BoardCynthia SiegertCottage Health SystemKeenan & AssociatesADJ361855ADJ987728Petition for ReconsiderationFindings and AwardRegistered NurseLumbar Spine
References
6
Case No. ADJ7074256
Regular
May 23, 2014

ALFONSO RODRIGUEZ vs. DANDEE TRANSPORTATION, STATE COMPENSATION INSURANCE FUND

This case involves a dispute over whether the applicant, Alfonso Rodriguez, adequately pursued medical evaluations before a mandatory settlement conference. The applicant sustained an injury in 2009 and has undergone evaluations by an Agreed Medical Evaluator and Qualified Medical Evaluators. However, at the settlement conference, the applicant claimed he still required treating physician reports in psychiatry and internal medicine, leading the trial judge to take the case off calendar. The Appeals Board granted the defendant's petition for removal, finding the applicant waived objections to proceeding by not objecting to the defendant's Declaration of Readiness to Proceed or the QME panels. The Board rescinded the order and returned the case to the trial level for another settlement conference and potential trial, emphasizing the applicant's lack of diligence in discovery.

Petition for RemovalRescind OrderOff CalendarAgreed Medical EvaluatorQualified Medical EvaluatorMandatory Settlement ConferenceDeclaration of Readiness to ProceedLabor Code section 4061(i)Due DiligenceDiscovery
References
3
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Brunswick Central School District & Brittonkill Teachers Ass'n

This case involves an appeal from an order that granted the petitioner's application to stay arbitration. The petitioner and respondent, parties to a collective bargaining agreement (CBA), were in dispute after the petitioner denied tenure to a probationary teacher and the respondent filed a grievance challenging evaluation procedures. The Supreme Court initially granted the stay, concluding that the grievance challenged the non-arbitrable tenure decision rather than the arbitrable evaluation procedures. However, the appellate court reversed this decision, stating that the question of whether the evaluation procedures were violated pertained to the merits of the grievance and not its arbitrability, emphasizing the limited role of courts in staying arbitration.

ArbitrationCollective Bargaining AgreementGrievance ProcedureTenure DisputeEvaluation ProceduresArbitrabilityStay of ArbitrationAppellate ReviewLabor RelationsEducation Law
References
10
Case No. ADJ2054018 (FRE 0219780) ADJ403978 (FRE 0219781)
Regular
Jul 09, 2014

Karen Clacher vs. The Call Center LLC, State Compensation Insurance

The Appeals Board granted the defendant's petition for reconsideration, rescinding the finding that the applicant sustained an industrial psychiatric injury. The Board found, based on the Agreed Medical Evaluator's opinion, that the applicant's psychiatric condition was predominantly due to a pre-existing, non-industrial mental illness. Consequently, the applicant's petition for reconsideration was denied, and the matter was returned for further proceedings regarding admitted injuries.

Workers' Compensation Appeals BoardIndustrial InjuryPsycheReconsiderationApportionmentSubstantial EvidenceAgreed Medical EvaluatorPredominant CauseViolent ActSubstantial Cause
References
0
Case No. VNO 400995
Regular
Aug 30, 2007

ANA HERRERA vs. DIANE And JOE GUZMAN, DBA HITCHING POST FEED AND PET SUPPLY, UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, finding their arguments about the applicant's medical expert's reporting unsubstantiated. However, the Board granted the applicant's petition, rescinding the previous award. This action was taken because the applicant was denied due process by the concurrent service of the decision and the Disability Evaluator's report, which prevented her from cross-examining the rater. The case is returned for further proceedings and a new decision.

AOE/COEPermanent DisabilityApportionmentQualified Medical ExaminerMedical ReportingSubstantial EvidencePetition for ReconsiderationDisability EvaluatorDue ProcessCross-examination
References
8
Case No. ADJ2145098 (SAL 0113144)
Regular
Dec 03, 2012

JOSE R. GONZALEZ-LOPEZ vs. TANIMURA & ANTLE, ST. PAUL TRAVELERS INSURANCE COMPANY

This case involves a dispute over the duration of temporary disability benefits awarded to the applicant. The Workers' Compensation Appeals Board dismissed the applicant's untimely petition for reconsideration. However, the Board granted the defendant's petition, amending the award to end temporary disability benefits on March 26, 2008, when the Agreed Medical Evaluator declared the applicant permanent and stationary, finding insufficient evidence of continued disability thereafter.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardTemporary Total DisabilityPermanent Partial DisabilityAgreed Medical EvaluatorPermanent and StationaryUntimely PetitionLabor Code § 5903Cal. Code Regs. tit. 8
References
2
Case No. ADJ7838891
Regular
Jan 07, 2014

, Nelson Paul Espinoza vs. STAPLES, INC., and ACE AMERICAN INSURANCE COMPANY, administered by ESIS

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration of the initial award. The Board granted the defendant's petition for reconsideration and amended the award. Specifically, the Board affirmed the finding of injury AOE/COE to the applicant's right knee and low back, but removed the left knee from the compensable injuries. The applicant had argued the medical evaluations were not substantial evidence and the defendant had a continuing obligation to pay benefits.

WCABADJ7838891EspinozaStaples IncAce American Insurance CompanyESISPetition for ReconsiderationFindings and AwardAOE/COEAgreed Medical Evaluators
References
0
Case No. ADJ174481 (SAL 0095964)
Regular
Nov 19, 2008

LAURA WILLIAMS-WELTY vs. TILE WEST, STATE COMPENSATION INSURANCE FUND

The Appeals Board denied the applicant's petition for reconsideration regarding the 27% permanent disability finding, upholding the WCJ's reliance on the Agreed Medical Evaluator's report. However, the Board granted the applicant's attorney's petition to correct a clerical error regarding his fee. The WCJ's award of $2,750 was amended to reflect a 15% attorney's fee, acknowledging the attorney's extensive work and successful outcomes for the applicant over several years.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardIndustrial InjuryPermanent DisabilityApportionmentAgreed Medical EvaluatorSubstantial EvidenceAttorney's FeePetition to Correct Clerical Error
References
2
Case No. ADJ7098412; ADJ7098413 ADJ7098414; ADJ7099557 ADJ7095101; ADJ7095118
Regular
Dec 16, 2010

ERLINDA SALES vs. HYATT REGENCY, LIBERTY MUTUAL INSURANCE COMPANY

The WCAB dismissed the applicant's petition for reconsideration as untimely and unverified, and denied her petition for removal. However, the Board granted removal on its own motion, rescinded the WCJ's Minute Order requiring the applicant to attend a PQME, and returned the matter to the WCJ for further proceedings. The applicant argued the Minute Order denied due process by not allowing a hearing on her contention of defendant's non-compliance with medical evaluation procedures.

WCABPetition for ReconsiderationPetition for RemovalMinute OrderPanel Qualified Medical ExaminationPQMEDr. KimLabor Code section 4062.2(c)Due ProcessUntimely Petition
References
12
Case No. ADJ4704159 (AHM 0120563) ADJ2217428 (AHM 0106492) ADJ2380068 (AHM 0102888)
Regular
Feb 07, 2011

ROSALIE SEE vs. REMAX REAL ESTATE, BENEFICIAL SERVICES; EMPLOYERS COMP GLENDALE

The applicant sought to remove a WCJ's order compelling a medical evaluation. Applicant argued a prior agreed medical evaluation with a defendant-approved evaluator should suffice, preventing a second evaluation. The Appeals Board denied removal, finding the applicant failed to demonstrate substantial prejudice or irreparable harm. Removal is an extraordinary remedy, and reconsideration will be adequate if necessary.

Petition for RemovalJoint Order Compelling AttendanceMedical EvaluationAgreed Medical Evaluator (AME)Highland Insurance CompanyExtraordinary RemedySubstantial PrejudiceIrreparable HarmReconsiderationWCJ
References
2
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