Updated Daily

Case Law Database

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

Case No. ADJ6773084

Regular

Apr 08, 2013

ARACELI CAMACHO vs. LENDER PROCESSING SERVICES, HARTFORD INSURANCE

The WCAB granted reconsideration and rescinded the dismissal of Long Beach Medical Center's (LBMC) lien claim. The lien was improperly dismissed as LBMC, not having received notice of a prior lien conference, did not appear and was not yet of record. Although LBMC's petition was initially dismissed as skeletal, the Board's independent review found a due process violation. The case is returned to the trial level for further proceedings regarding LBMC's lien.

Lien ClaimantPetition for ReconsiderationDismissal of LienNotice of Intent to DismissLien ConferenceLien TrialSkeletal PetitionSubstantial JusticeDue ProcessLack of Notice

References

Case No. ADJ3714425 (FRE 0234250) ADJ896033 (FRE 0171714)

Regular

Aug 22, 2014

MICHAEL WRIGHT vs. STAR MEDIA, TRAVELERS INDEMNITY COMPANY OF CONNECTICUT

The Workers' Compensation Appeals Board granted reconsideration, rescinding a WCJ's order that enforced a reimbursement order against Travelers Indemnity Company. The Board found the reimbursement order void *ab initio* due to procedural due process infirmities. Specifically, the "self-destruct" clause in the order did not comport with due process protections outlined in precedent cases like *Mitchell v. Golden Eagle Ins.*, failing to guarantee a review of objections or automatically void the order upon valid objection. Therefore, Travelers' due process rights were violated, necessitating the rescission of the WCJ's findings.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder for ReimbursementCalifornia Insurance Guarantee Association (CIGA)Cumulative Trauma InjuryAgreed Medical Examiner (AME)ApportionmentDue ProcessSelf-Destruct ClauseVoid Ab Initio

References

Case No. ADJ3234790 (VNO 0443319) ADJ4252592 (VNO 0411668)

Regular

Nov 29, 2010

HARRY P. WINSTON vs. CITY OF LOS ANGELES, Permissibly Self-Insured

The Workers' Compensation Appeals Board granted reconsideration of a prior award due to a due process violation. The defendant was denied the opportunity to cross-examine the Disability Evaluation Unit rater after objecting to their rating, which is a procedural due process right. Consequently, the Board rescinded the prior award and returned the case to the trial level for further proceedings, including the opportunity for cross-examination. The Board noted that a new WCJ would need to be assigned due to the original judge's retirement.

Workers Compensation Appeals BoardFindings and AwardReconsiderationAdministrative Law JudgePolice OfficerBilateral KneesLumbar SpineCervical SpineGERDBilateral Carpal Tunnel

References

Case No. ADJ6780051

Regular

Sep 03, 2010

WILLIAN DUARTE, Deceased, JANET ARCE, as Guardian Ad Litem for GISSELLE J. DUARTE, BYRON E. DUARTE and NAOMI E. DUARTE, Minor Dependents vs. ADLR TRANSPORTATION, INC., Illegally Uninsured, UNINSURED EMPLOYERS BENEFIT TRUST FUND

The Appeals Board granted reconsideration and rescinded the original award due to lack of proper joinder and due process for Fatima Hernandez. The Board found that Hernandez, though appearing for the employer ADLR Transportation, Inc. and stipulated to the Board's jurisdiction, was never formally joined as a defendant. Awarding benefits against her individually or as a shareholder without proper notice would violate her due process rights. The matter was returned to the trial level for further proceedings to ensure all defendants are properly joined. The attorney's fee was not increased due to a lack of notice to clients regarding adverse interests.

Workers Compensation Appeals BoardIllegally UninsuredUninsured Employers Benefit Trust FundDeath BenefitsGuardian Ad LitemPetition for ReconsiderationFindings and AwardAttorney's FeeTruck DriverOwner and Sole Shareholder

References

Case No. ADJ9217154

Regular

May 25, 2016

Dave Tamplen vs. State of California Department of Corrections

This case involves a State Corrections Officer who claimed psychological and cardiac injury due to cumulative work stress. The defendant employer argued for dismissal due to the applicant's failure to appear at trial, claiming a due process violation and lack of necessary foundational evidence for medical reports. However, the Appeals Board affirmed the original findings, holding that the employer's failure to comply with discovery rules and subpoena the applicant precluded their due process argument. The Board also found substantial medical evidence, including Agreed Medical Evaluator reports and the applicant's deposition, supported the injury findings, the cumulative injury period, and rejected the employer's defense that the injury was substantially caused by a good faith personnel action.

Workers' Compensation Appeals BoardReconsiderationFindings and OrderCorrections OfficerCorrections CounselorPsycheHeart InjuryCirculatory SystemCumulative InjuryStatute of Limitations

References

Case No. ADJ9860231

Regular

Apr 05, 2023

GARY COX vs. APPLIED PROCESS COOLING, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed a Petition for Removal in the case of *Gary Cox v. Applied Process Cooling; State Compensation Insurance Fund*. The dismissal occurred because the petitioner voluntarily withdrew their request for removal. Consequently, the Board issued an order formally dismissing the petition. This decision does not address the merits of the underlying workers' compensation claim.

Petition for RemovalDismissedWithdrawnWorkers' Compensation Appeals BoardAdjudication NumberOpinion and OrderGary CoxApplied Process CoolingState Compensation Insurance FundStockton District Office

References

Case No. ADJ2652722 (VNO 0436560)

Regular

Jul 31, 2015

ABDULLAH JOMAA vs. ROOHANIS 76 STATION, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION For FREMONT INDEMNITY COMPANY, In Liquidation

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a WCJ's order allowing a physician's lien. The defendant argued it was denied due process due to lack of notice regarding the lien and subsequent proceedings. The WCAB found the defendant was indeed denied due process because they did not receive adequate notice of the lien claim or the proceedings. Consequently, the WCAB rescinded the WCJ's order and returned the case to the trial level for further proceedings.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien conferenceDue processNoticeDeclaration of Readiness to ProceedStatute of limitationsLachesOrder Approving Compromise and ReleaseNotice of Intention to allow lien

References

Case No. ADJ6544795

Regular

Mar 28, 2011

JENNIFER GONZALEZ vs. CAL POLY POMONA ASI, SEDGWICK CLAIMS MANAGEMENT SERVICES

This case involves a defendant seeking reconsideration of a workers' compensation award due to a due process violation. The administrative law judge issued a decision without allowing the defendant to object to or cross-examine the Disability Evaluation Unit (DEU) rater. The Appeals Board granted reconsideration, rescinded the original award, and returned the matter to the trial level. This is to allow the defendant the opportunity to cross-examine the DEU evaluator, thereby ensuring due process.

WCABPetition for ReconsiderationFindings and AwardDEU RatingCross-examinationDisability Evaluation UnitDue ProcessIndustrial InjuryPermanent DisabilityMedical Treatment

References

Case No. ADJ11426117

Regular

Nov 27, 2019

MARY HAIRSTON vs. ATRIA MENIFEE VALLEY, GALLAGHER BASSETT

The Applicant sought reconsideration of an approved Compromise and Release, alleging denial of due process due to her attorney's absence when signing and misunderstanding its nature. The Workers' Compensation Appeals Board (WCAB) dismissed the Petition for Reconsideration as premature. The WCAB agreed with the judge that the Applicant's due process concerns require a hearing at the trial level to present evidence regarding setting aside the settlement. Any party aggrieved by a subsequent trial level decision can then properly seek reconsideration.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationCompromise and ReleaseStipulation with Request for Awarddue processfair hearingset asideWCJtrial leveladministrative law judge

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

Showing 1-10 of 4,087 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

Updated Daily

Case Law Database

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

Case No. ADJ6773084

Regular

Apr 08, 2013

ARACELI CAMACHO vs. LENDER PROCESSING SERVICES, HARTFORD INSURANCE

Lien ClaimantPetition for ReconsiderationDismissal of LienNotice of Intent to DismissLien ConferenceLien TrialSkeletal PetitionSubstantial JusticeDue ProcessLack of Notice

References

Case No. ADJ3714425 (FRE 0234250) ADJ896033 (FRE 0171714)

Regular

Aug 22, 2014

MICHAEL WRIGHT vs. STAR MEDIA, TRAVELERS INDEMNITY COMPANY OF CONNECTICUT

References

Case No. ADJ3234790 (VNO 0443319) ADJ4252592 (VNO 0411668)

Regular

Nov 29, 2010

HARRY P. WINSTON vs. CITY OF LOS ANGELES, Permissibly Self-Insured

Workers Compensation Appeals BoardFindings and AwardReconsiderationAdministrative Law JudgePolice OfficerBilateral KneesLumbar SpineCervical SpineGERDBilateral Carpal Tunnel

References

Case No. ADJ6780051

Regular

Sep 03, 2010

WILLIAN DUARTE, Deceased, JANET ARCE, as Guardian Ad Litem for GISSELLE J. DUARTE, BYRON E. DUARTE and NAOMI E. DUARTE, Minor Dependents vs. ADLR TRANSPORTATION, INC., Illegally Uninsured, UNINSURED EMPLOYERS BENEFIT TRUST FUND

References

Case No. ADJ9217154

Regular

May 25, 2016

Dave Tamplen vs. State of California Department of Corrections

Workers' Compensation Appeals BoardReconsiderationFindings and OrderCorrections OfficerCorrections CounselorPsycheHeart InjuryCirculatory SystemCumulative InjuryStatute of Limitations

References

Case No. ADJ9860231

Regular

Apr 05, 2023

GARY COX vs. APPLIED PROCESS COOLING, STATE COMPENSATION INSURANCE FUND

Petition for RemovalDismissedWithdrawnWorkers' Compensation Appeals BoardAdjudication NumberOpinion and OrderGary CoxApplied Process CoolingState Compensation Insurance FundStockton District Office

References

Case No. ADJ2652722 (VNO 0436560)

Regular

Jul 31, 2015

ABDULLAH JOMAA vs. ROOHANIS 76 STATION, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION For FREMONT INDEMNITY COMPANY, In Liquidation

References

Case No. ADJ6544795

Regular

Mar 28, 2011

JENNIFER GONZALEZ vs. CAL POLY POMONA ASI, SEDGWICK CLAIMS MANAGEMENT SERVICES

WCABPetition for ReconsiderationFindings and AwardDEU RatingCross-examinationDisability Evaluation UnitDue ProcessIndustrial InjuryPermanent DisabilityMedical Treatment

References

Case No. ADJ11426117

Regular

Nov 27, 2019

MARY HAIRSTON vs. ATRIA MENIFEE VALLEY, GALLAGHER BASSETT

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationCompromise and ReleaseStipulation with Request for Awarddue processfair hearingset asideWCJtrial leveladministrative law judge

References

Case No. ADJ603509 (LAO 888258)

Regular

Oct 25, 2010

PATRICIA NUNEZ vs. MAINSTAY BUSINESS SOLUTIONS

References

Showing 1-10 of 4,087 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.