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

Case No. ADJ7673518, ADJ7647749
Regular
Jan 23, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION / CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant sustained industrial injury to her neck. While the applicant testified to injuring her neck in a workplace incident and this was partially corroborated, the Board found insufficient evidence for other claimed injuries. The Board specifically disagreed with the administrative law judge's credibility assessment concerning the neck injury itself, relying on medical reports and testimony supporting the neck injury claim. The Board affirmed the denial of claims for all other alleged injuries, finding insufficient medical evidence to link them to the incident.

Petition for ReconsiderationFindings and OrderIndustrial InjuryNeck InjuryBack InjurySpine InjuryUpper ExtremitiesPsycheGastroesophageal SystemInternal System
References
Case No. ADJ14953769
Regular
Feb 28, 2023

MANUEL DE JESUS CHAVAC vs. 99 CENTS ONLY STORES, LLC, ATHENS ADMINISTRATORS

The applicant sought reconsideration of a WCJ's finding that QME Panel No. 7480460 was valid. The applicant argued the panel was invalid because the defendant failed to serve the denial letter on the applicant's attorney, thus violating due process and Labor Code section 4062.2. The Appeals Board granted reconsideration, finding the defendant's denial letter was improperly served, preventing the applicant's attorney from objecting. Consequently, QME Panel No. 7480460 was deemed invalid, and the parties were ordered to proceed with Panel No. 7483530.

Workers' Compensation Appeals BoardQualified Medical EvaluatorQME PanelLabor Code section 4060Administrative Director Rule 30(b)Petition for ReconsiderationFindings of Fact and OrderInjury AOE/COEDenial of LiabilityService of Process
References
Case No. ADJ4611905
Regular
Jan 13, 2011

JAMES EGLOFF vs. NORTHROP GRUMMAN CORPORATION

The Workers' Compensation Appeals Board granted reconsideration and rescinded a WCJ's order for interim home health payments. The Board found the WCJ's order, which mandated $2,500 monthly payments for three months, constituted a final decision improperly issued without evidence or notice to the defendant. Due to the lack of a complete record and violation of due process, the matter was returned to the trial level for further proceedings. The Board dismissed the defendant's petition for removal, deeming reconsideration the appropriate remedy.

Workers Compensation Appeals BoardPetition for RemovalPetition for ReconsiderationInterim PaymentHome Health CareNeuropsyche InjuryChemical ExposurePermanent DisabilityDue ProcessLabor Code Section 5313
References
Case No. ADJ2837987 (SFO 0412465)
Regular
Feb 11, 2011

KEVIN COOK vs. INDEPENDENT CONSTRUCTION, REPUBLIC INDENMITY SAN FRANCISCO

The Workers' Compensation Appeals Board (WCAB) dismissed defendants' petitions for reconsideration because the Workers' Compensation Judge's (WCJ) order to develop the record was not a final determination of any substantive issue. The WCAB also denied the defendants' petitions for removal, finding that the WCJ acted within their authority to ensure due process. The WCJ's order allowed for the development of the record, including potential testimony from a realtor, Mr. Bonafede, to address the applicant's request for commutation. This action aimed to preserve defendants' rights and did not preclude them from seeking rebuttal evidence.

WORKERS' COMPENSATION APPEALS BOARDRepublic Indemnity San FranciscoIndependent Construction CompanyOrder to Vacate SubmissionDevelop the Recordcommutationhearsay rulecross examineMandatory Settlement Conferenceexpert witness
References
Case No. ADJ603509 (LAO 888258)
Regular
Oct 25, 2010

PATRICIA NUNEZ vs. MAINSTAY BUSINESS SOLUTIONS

This case concerns lien claimants seeking reconsideration of a prior Board decision. The Board denied their petition, affirming its prior ruling that they failed to prove they were part of the defendant's Medical Provider Network (MPN) when providing services. Lien claimants' arguments regarding the MPN's validity and due process were waived due to untimeliness and failure to raise issues earlier. Furthermore, the Board found no denial of due process as lien claimants had actual notice of the defendant's petition.

Workers' Compensation Appeals BoardMedical Provider Network (MPN)Lien ClaimantsReconsiderationDecision After ReconsiderationFindings and AwardAdministrative Law Judge (WCJ)Compromise and ReleaseDue ProcessService of Process
References
Case No. ADJ1389831 (SRO 0137920)
Regular
Dec 10, 2008

SHAWNDELL WILLIAMS vs. THRUSHWING HOME/HAZEL HOME, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration to address the defendants' due process concerns regarding the denial of workers' compensation coverage. While affirming the cancellation of the State Compensation Insurance Fund policy, the Board acknowledges that the issues of waiver and estoppel were raised but not fully litigated. Therefore, the case is remanded to the trial level for the arbitrator to consider these remaining defenses.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardState Compensation Insurance FundCancellation NoticeDue ProcessArbitration HearingWaiverEstoppelLabor Code
References
Case No. ADJ2070973 (SAL 0092454)
Regular
Jun 12, 2015

CHARLENE MEEKS-CLOSE vs. RIVER RANCH FRESH FOODS, SEDGWICK CMS

The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration due to untimely service on the applicant's counsel of record. The defendant failed to properly serve the petition, which is a procedural defect that deprives the applicant of due process rights. While one commissioner concurred with the dismissal on procedural grounds, she dissented regarding the merits, arguing the petition should have been granted to develop the record on the permanent disability rating. The majority opinion noted that even if properly served, the petition would have been denied on its merits.

Workers Compensation Appeals BoardPetition for ReconsiderationFindings Award and OrderPermanent DisabilityLife PensionHousekeeping ExpensesMileage ExpensesUnreasonable DelayPenaltyAgreed Medical Evaluator
References
Case No. ADJ9709124
Regular
Jul 12, 2019

FELIPE VERDUZCO vs. JT WIMSATT CONTRACTING COMPANY, AMERICAN CLAIMS MANAGEMENT

This case involves lien claimants ResHealth and Javlin seeking reconsideration of a decision that denied ResHealth standing due to its dissolved corporate status. The Appeals Board has rescinded the prior findings and returned the case to the trial level for consolidation. This consolidation, under the master file *Patricia Valles vs. JIB Holdings I LLC*, aims to address common legal and factual issues concerning ResHealth's liens and potential stays under Labor Code section 4615. The consolidation will ensure consistent rulings, protect due process, and promote judicial economy.

Workers' Compensation Appeals BoardReconsiderationLien ClaimantsLabor Code 4615Corporate Status SuspensionFranchise Tax BoardConsolidationMaster FileSpecial Adjudication UnitDue Process
References
Case No. RIV 054592
Regular
Nov 16, 2007

LOURDES CERVANTES vs. CARL'S JR. ENTERPRISES, ST. PAUL'S TRAVELERS INSURANCE

The Appeals Board granted reconsideration of a prior award, amending it to defer the issue of applicant's attorney's fees from EDD's lien recovery. This was due to the WCJ failing to issue a Notice of Intention to award such fees, violating EDD's due process rights. The Board also deferred the issue of whether EDD is entitled to interest on its lien.

Workers' Compensation Appeals BoardLien claimantReconsiderationFindings Award and OrderTemporary disability indemnityAttorney's feesLabor Code section 4903.2Notice of Intention (NIT)Unemployment Insurance Code section 2629.1(e)Industrial injury
References
Case No. ADJ8613780
Regular
Jan 12, 2017

GLENN PARKER vs. KANSAS CITY CHIEFS, TIG/FAIRMONT PREMIER INSURANCE COMPANY, NEW YORK GIANTS, GULF/TRAVELERS INSURANCE COMPANY, BUFFALO BILLS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for RELIANCE INSURANCE COMPANY

This case concerns whether California has sufficient jurisdiction to hear a workers' compensation claim for cumulative injury filed by a former professional football player. The applicant played 12 out of 176 total games in California, which the majority found to be a de minimis contact insufficient for California to assert jurisdiction due to due process concerns, citing the *Johnson* case. The Board affirmed the trial judge's decision to deny jurisdiction, while also correcting a clerical error regarding the insurer. A dissenting commissioner argued that California's interest in protecting workers injured within the state is substantial and that the applicant's contacts were not de minimis.

WCABcumulative industrial injuryprofessional athletede minimis California contactsdue processsubject matter jurisdictionFederal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)constitutional due processextraterritorial provisionsstatutory exemption
References
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