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

Case No. VNO 0510561, VNO 0510562
Regular

JANIS RUSH vs. CALIFORNIA CORRECTIONAL INSTITUTION, STATE COMPENSATION INSURANCE FUND

The defendant, State Compensation Insurance Fund, petitioned for removal to amend an order closing discovery to allow a deposition, but the petition was denied. The Workers' Compensation Appeals Board found the petition contained irrelevant information, suggesting it was partially plagiarized from another case. Crucially, the Board determined the closure of discovery would not cause significant prejudice or irreparable harm to the defendant.

petition for removalagreed medical evaluatorclosure of discoverysignificant prejudiceirreparable harmWCAB Rule 10843Report and Recommendationworkers' compensation administrative law judgeDENYING REMOVALCALIFORNIA CORRECTIONAL INSTITUTION
References
Case No. VNO 0508480
Regular
Dec 06, 2007

MICHELLE LORD vs. RITE-AID CORPORATION, ST. PAUL TRAVELERS

The Workers' Compensation Appeals Board granted reconsideration of an award for home health care, finding the original decision lacked substantial evidence. The Board rescinded the award and returned the case for further development of the record concerning the applicant's past and future home health care needs. Specifically, the Agreed Medical Examiner must clarify their opinion on the reasonableness and necessity of past and future home health care.

Workers' Compensation Appeals BoardRite-Aid CorporationSt. Paul TravelersMichelle LordFindings and AwardReconsiderationHome health careIndustrial injuryAgreed Medical ExaminerActivities of Daily Living
References
Case No. ADJ8878991
Regular
Jan 31, 2014

JAY SCHETTLER vs. ALLIED BEVERAGES, INC.; CYPRESS INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration of the administrative law judge's finding of injury. The applicant, a route salesman, claimed he stepped on glass, injuring his left foot, which was corroborated by medical records showing a cut and the applicant's delayed awareness due to diabetic neuropathy. Defense witness testimony also supported the applicant's claim of cutting his toe at work. The Board found the applicant's testimony credible and the medical evidence sufficient to establish the injury arose out of and in the course of employment.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Factterritory route salesmanmechanism of injurydiabetic neuropathycredibilitymedical recordsReport and Recommendationurgent care
References
Case No. ADJ9664450
Regular
Jun 05, 2015

PATRICIA AGUILAR vs. HARRIS RANCH BEEF COMPANY, TRISTAR RISK MANAGEMENT

This case concerns an applicant's petition for removal regarding discovery of her past sexual history in a workers' compensation claim for psychiatric injury due to sexual harassment. The Appeals Board granted removal, finding the applicant's past sexual history is constitutionally protected and that the defendant failed to demonstrate good cause for discovery under Labor Code section 3208.4. The Board limited discovery to medical records relevant to the applicant's psychiatric history, allowing the defendant to refile a petition for further discovery upon a proper showing of good cause after a medical evaluation. This decision aims to balance the applicant's right to privacy with the defendant's need for relevant information concerning causation and apportionment.

Labor Code section 3208.4Petition for RemovalFindings of Fact and OrderDepose applicantSexual harassmentSexual assaultMolestationGood causePrivacyPsyche injury
References
Case No. ADJ204379 (SBR 0326740)
Regular
Nov 23, 2016

ROBERT DIEHL vs. COUNTY OF SAN BERNARDINO FIRE DEPARTMENT, COUNTY OF SAN BERNARDINO RISK MANAGEMENT

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the finding that the applicant failed to prove injury to his psyche and headaches. The Board found the petition timely due to a substantial amendment to the applicant's permanent disability rating in the original award. However, the medical evidence presented by the applicant was insufficient to establish industrial causation for his headaches. Furthermore, the Board declined to order further development of the record, as discovery had closed prior to the mandatory settlement conference.

Petition for ReconsiderationAmended Findings AwardBurden of ProofIndustrial CausationHeadachesPermanent DisabilityTimeliness of PetitionJudicial FunctionSubstantial Material ChangeLabor Code Section 5903
References
Case No. ADJ8349042
Regular
Nov 25, 2019

CARLOS REYES vs. PALM DESERT DOORS AND HARDWARE, PRAETORIAN INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to review a WCJ's finding that the employer did not engage in serious and willful misconduct. The WCAB rescinded the original decision, finding material factual discrepancies between the WCJ's findings and the evidence, particularly regarding the necessity of gloves and the feasibility of using a safety guard. The case is remanded for further proceedings, including allowing the applicant to amend their petition to include theories based on OSHA violations and presenting arguments and evidence on that issue. The WCAB also clarified that failure to specifically plead OSHA violations in the pretrial conference statement does not constitute a waiver of the right to raise such issues.

Serious and Willful MisconductLabor Code section 4553Occupational Safety and HealthCal/OSHAWCJFindings and OrderPetition for ReconsiderationCompromise and Releasetable sawsafety guard
References
Case No. ADJ387595 (VNO 0552648)
Regular
Jul 12, 2016

JOEL CARDENAS vs. ML ELECTRIC WORKS, INC, ZURICH AMERICAN INSURANCE COMPANY, ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board granted the defendant's petition for removal, modifying a prior order by an administrative law judge. The Board removed the issues of penalty, costs, and sanctions related to the disclosure of sub rosa video and surveillance logs from trial consideration. However, the Board affirmed the remainder of the judge's order, which had compelled the defendant to serve the sub rosa materials and produce the claims adjuster and documents at trial. This decision aimed to prevent further discovery beyond the mandatory settlement conference cutoff while still requiring disclosure of the surveillance evidence.

Sub rosa videoPetition for RemovalMandatory Settlement ConferenceDiscovery cut-offDue processIrreparable harmClaims adjusterLabor Code section 5502(d)(3)PenaltySanctions
References
Case No. ADJ3111070
Regular
Feb 10, 2009

EVANGELINE RODRIGUEZ, EVANGELINE RODRIGUEZ-DUARTE vs. SAN JOSE MEDICAL GROUP, STATE COMPENSATION INSURANCE FUND

In this workers' compensation case, the appeals board granted reconsideration of an administrative law judge's award. While affirming the finding of industrial injury and permanent disability, the Board amended the award to grant the defendant credit for overpaid temporary disability indemnity. The defendant's arguments regarding the vocational expert's testimony and apportionment were otherwise rejected. The award of attorney's fees was also modified to allow for commutation to avoid interrupting benefits.

Workers' Compensation Appeals BoardReconsiderationPermanent DisabilityVocational ExpertDiscovery Cut-offMedical OpinionApportionmentTemporary Disability IndemnityOverpaymentCredit
References
Case No. ADJ9505835
Regular

FRANCISCO MEDRANO vs. ARMORCAST PRODUCTS, U.S. FIRE INSURANCE

This case concerns a lien filed by Reshealth Medical Services, which is a suspended corporation, and its assignee Javlin Three, LLC. The Appeals Board dismissed Reshealth's petition for reconsideration because the prior order was not a final determination. The Board granted removal to correct the record, clarifying that no Labor Code section 4615 stay was ordered, but affirmed Reshealth's suspension and disqualification from pursuing its lien. Javlin's request for further proceedings to prove its assignment was denied due to failure to present evidence timely during discovery and at hearings.

Workers' Compensation Appeals BoardSuspended CorporationFranchise Tax BoardLien ClaimantPetition for ReconsiderationPetition for RemovalLabor Code Section 4615Due ProcessEvidentiary HearingFinal Order
References
Case No. ADJ3190249 (SFO 0500553)
Regular
Mar 24, 2010

Quintella Eutsey vs. CITY & COUNTY OF SAN FRANCISCO, Permissibly Self-Insured

The Workers' Compensation Appeals Board granted removal, dismissing the defendant's petition for reconsideration. The Board found the prior administrative law judge's order improperly limited discovery into the applicant's psychiatric injury claim. The Board rescinded the previous order, allowing further deposition to explore the applicant's full medical history relevant to her psyche claim, as this is discoverable when a psychological injury is at issue. Both parties were admonished to conduct themselves professionally during future discovery.

removalpetition for reconsiderationdiscovery disputepsyche injurydeposition testimonyright lower extremityindustrial injurypersonal lifefamily lifepast history
References
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