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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. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ7803842
Regular
May 03, 2016

RAONAL SMITH vs. ST. LOUIS RAMS, GREAT DIVIDE INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of the Administrative Law Judge's (ALJ) finding of jurisdiction over the applicant's cumulative industrial injury claim against the St. Louis Rams. The defendant insurer argued California lacked sufficient connection to the injury, citing a previous case. The Board rescinded the ALJ's decision because the record was unclear regarding the evidence considered, particularly a deposition transcript that the ALJ indicated would be reviewed. The case is returned to the trial level for the ALJ to clarify the record, address the deposition transcript and related objections, and rule on the contention that the applicant was hired in California.

Workers' Compensation Appeals BoardSt. Louis RamsGreat Divide Insurance Companycumulative industrial injuryprofessional athleteoffensive linebackersubject matter jurisdictionFederal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)Petition for ReconsiderationWCJ's Findings of Fact
References
Case No. ADJ4189754 (ANA 0349061)
Regular
Mar 09, 2010

MICHAEL JACOBUS vs. AMERISERVE; CIGA, by its servicing facility, INTERCARE, for RELIANCE INSURANCE, in liquidation

In this case, the defendant sought removal to allow the deposition of a psychiatric AME and to forward applicant's deposition transcript to AMEs, arguing substantial prejudice. The Appeals Board granted removal, allowing the deposition transcript of Dr. Feldman to be offered into evidence. However, the Board deferred the issue of further supplemental reports from the AMEs to the trial judge. The matter was returned to the trial level to be set for trial and for further proceedings.

Removal petitionAgreed Medical Evaluator (AME)Donald Feldman M.D.Charles Rudner M.D.Deposition transcriptIndustrial injuryTruck driverLoader-unloaderLeft kneePsyche
References
Case No. ADJ4353489 (VNO 0469742)
Regular
Aug 18, 2011

, JEFFREY JONES, vs. , INTERLINK MORTGAGE SERVICES; STATE COMPENSATION INSURANCE FUND,

This case concerns a claimant's eight-year delay in pursuing his workers' compensation claim, during which time he filed an application but took no further action. The claimant then sought to depose a retired QME who is elderly and ill. The Appeals Board granted the defendant's Petition for Removal, finding no good cause for the deposition due to the claimant's unexplained delay and lack of stated necessity. Consequently, the Board rescinded the orders compelling the deposition and denied the claimant's petition.

Petition for RemovalQualified Medical Evaluator (QME)DepositionOrder Compelling DepositionStrike ReportIndustrial InjuryApplication for Adjudication of ClaimPetition for DismissalPetition to Compel DepositionBurden of Proof
References
Case No. ADJ9525473
Regular
Sep 11, 2017

MARIA GONZALEZ vs. COTTON GENERATION, INC. doing business as PACIFIC COAST KNITTING, SECURITY NATIONAL INSURANCE COMPANY, PUBLIC SERVICE MUTUAL INSURANCE

Defendant Security National Insurance Company (SNIC) sought removal of this workers' compensation case to the Appeals Board, claiming irreparable harm from an order setting trial without allowing evidence of a key QME deposition transcript. The Appeals Board denied the petition, finding removal to be an extraordinary remedy not warranted here. The QME deposition transcript has since been filed and can be offered at trial, making the prejudice claim moot and reconsideration an adequate remedy. Therefore, the case will proceed to trial as scheduled.

Petition for RemovalMandatory Settlement ConferenceQualified Medical EvaluatorDeposition TranscriptApportionmentIrreparable HarmAdequate RemedyPre-trial Conference StatementDeclaration of ReadinessCumulative Injury
References
Case No. ADJ3299212 (MON 0205468)
Regular
Apr 09, 2012

LISA WEILMANN vs. UNITED TEMPORARY SERVICES; TIG SPECIALTY INSURANCE COMPANY, administered by RISK ENTERPRISE MANAGEMENT, LTD.

This case involves a defendant's petition for reconsideration of an order awarding attorney's fees and sanctions. The Appeals Board found that the defendant and its attorneys engaged in bad-faith actions and frivolous tactics. Specifically, they misrepresented deposition testimony and improperly sought a subsequent deposition. Consequently, the defendant and its attorneys are jointly and severally liable for $15,610 in attorney's fees to the applicant's counsel and $900 in sanctions to the General Fund. The matter is returned to the trial level for further proceedings.

Labor Code section 5813Appeals Board Rule 10561bad-faith actionsfrivolous tacticssanctionsattorney's feesreconsiderationdeposition transcriptmisrepresentationsubsequent deposition
References
Case No. ADJ2066669
Regular
May 14, 2012

ANDREW SILVA vs. BARRETT BUSINESS SERVICES, INC.

The Workers' Compensation Appeals Board granted reconsideration, rescinded the original award, and held that lien claimants failed to prove the applicant sustained an industrial injury. The Board found that because the applicant did not testify at the lien trial, and the defendant's witnesses contradicted his deposition testimony, the claimants did not meet their burden of proof. This decision overturned a prior finding that the applicant sustained injury and was refused medical care prior to his termination.

Workers' Compensation Appeals BoardSupplemental Findings and AwardPetition for ReconsiderationLien TrialIndustrial InjuryCervical SpineLeft ShoulderRight WristClaim FormMedical Treatment
References
Case No. LAO 862841
Regular
Feb 28, 2008

BAHATI H. SALAS vs. LIVHOME, INC.

The Workers' Compensation Appeals Board granted removal and quashed the applicant's notice for a second deposition of Dr. Peterson. The Board found no good cause for a second deposition, as the applicant's representative was present at the first and failed to question Dr. Peterson on relevant matters despite having all necessary documentation. Allowing repeated depositions without changed circumstances would be neither expeditious nor inexpensive, contradicting the Board's mandate.

RemovalMotion to QuashDepositionAgreed Medical Evaluator (AME)Due ProcessGood CauseCredibilitySubsequent DepositionLabor Code 4062.3Substantial Justice
References
Case No. ADJ9597686
Regular
Jan 13, 2016

TOMIE KATO vs. CITY AND COUNTY OF SAN FRANCISCO

The Workers' Compensation Appeals Board (WCAB) is reconsidering an order directing the City and County of San Francisco (defendant) to pay applicant's attorney $\$ 3,082.00$ for deposition fees. The defendant sought reconsideration, arguing the fee was unreasonable and requesting sanctions against applicant's attorney. The WCAB deemed the defendant's petition to be a timely objection to the original order. The matter is returned to the Workers' Compensation Judge to consider the objection and determine the reasonableness of the attorney fees. The WCAB denied the request for sanctions against applicant's attorney.

Workers Compensation Appeals BoardOpinion and Decision After ReconsiderationSection 5710 Attorney Deposition FeesWCJPetition for ReconsiderationPetition for RemovalLabor Code Section 5813 SanctionsReasonableness of Attorney FeesDeposition TranscriptMotor Vehicle Accident
References
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