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

Case No. ADJ7618189
Regular
Nov 26, 2012

RUBEN OROZCO vs. EXACT STAFF, INC.; TOWER/NSM INSUREX, Administered by YORK INSURANCE SERVICES GROUP

This case involves lien claimants Anderson Chiropractic and Santana Lopez seeking reconsideration of an order disallowing their liens. The Workers' Compensation Appeals Board granted reconsideration because a crucial exhibit, Exhibit 6, was incomplete in the record. Lien claimants are ordered to file a complete copy of Exhibit 6 within 10 days to allow the Board to properly review the case. This action is necessary for the Board to study the facts and applicable law concerning the disallowed liens.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien claimantsFindings and OrdersDisallowed liensExhibit 6Administrative law judgeWCJSupplemental pleadingSan Francisco
References
0
Case No. MISSING
Regular Panel Decision

Harry v. University of Texas System

Justice McCollum concurs with the majority's decision to reverse and remand the case, but departs on the issue of broad form jury submission. The Appellant, Nelda Harry, complained that the trial court erred in conjunctively submitting the issues of injury and producing cause of incapacity, which placed an undue burden on her to prove incapacity for medical benefits. McCollum argues that Article 8306, section 7, entitles a worker to medical care for an injury regardless of incapacity, and the conjunctive submission was not feasible, constituting an abuse of discretion and resulting in an incomplete verdict. The opinion highlights the importance of disjunctive submission to ensure all claims for relief are properly adjudicated.

Jury SubmissionBroad Form SubmissionConjunctive SubmissionWorkers' CompensationMedical BenefitsIncapacity to LaborAbuse of DiscretionIncomplete VerdictTexas Civil ProcedureJury Charge
References
5
Case No. ADJ9267687
Regular
Apr 02, 2019

NORMA DE JESUS ZARAGOZA vs. FRANCHISE INVESTMENT CORPORATION dba ROUND TABLE PIZZA and TRUCK INSURANCE EXCHANGE/FARMERS INSURANCE GROUP, EMPLOYERS COMPENSATION INSURANCE GROUP

The Workers' Compensation Appeals Board imposed a $500 sanction against applicant's attorney, Peter T. Nguyen, and his law firm. This sanction arose from attaching over 325 pages of exhibits, many not in evidence, to a petition, violating WCAB rules regarding page limits and proper exhibit submission. The attorney's claim of inexperience was rejected, as attorneys are responsible for knowing and adhering to procedural rules, and zealous advocacy does not excuse rule violations. The Board also noted the attorney's failure to adequately cite the trial record in support of his petition.

WCABRemovalSanctionsLabor Code section 5813WCAB Rule 10561WCAB Rule 10842WCAB Rule 10845WCAB Rule 10856Petition for ReconsiderationExhibits
References
9
Case No. ADJ3860512 (OAK 0238823)
Regular
Feb 18, 2010

, Applicant vs. COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration of a prior findings and order. The dismissal was based on the applicant's submission of a petition that grossly exceeded the 25-page limit set by WCAB rules. Additionally, the petition improperly attempted to appeal existing exhibits already in the record. The WCAB warned the applicant of potential sanctions for future non-compliance with filing rules.

WCABPetition for ReconsiderationDismissalWCJ ReportPage LimitationRule 10845(a)Rule 10232(a)(10)SanctionsLabor Code Section 5813Rule 10561
References
8
Case No. ADJ10828637, ADJ10828639
Regular
Nov 07, 2019

DAVID VALDIVIA vs. KLS WORLDWIDE CHAUFFEURED SERVICES, BERKSHIRE HATHAWAY HOMESTATE COMPANY

The Workers' Compensation Appeals Board denied David Valdivia's Petition for Removal. Removal is an extraordinary remedy, only granted if substantial prejudice or irreparable harm will result from denial, and reconsideration would be inadequate. The Board found the petitioner failed to demonstrate these grounds based on the WCJ's report. Additionally, the Board admonished the lien claimant's attorney for violating procedural rules regarding exhibit submission and page limitations.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ reportsubstantial prejudiceirreparable harmreconsiderationlien claimantSaam AhmadiniaWCAB Rule 10842(c)Administrative Director Rule 10205.12(10)
References
2
Case No. ADJ494384 (LAO 0840063)
Regular
Mar 29, 2012

PEDRO MARCELINO vs. CARL'S JR.; TRAVELERS INSURANCE COMPANY

This case concerns lien claimant Rite Away Transportation's petition for reconsideration. The administrative law judge disallowed their lien because they failed to produce exhibits by the court-ordered deadline and did not properly verify their petition. The Appeals Board dismissed the petition for reconsideration, noting the lien claimant's failure to verify despite explicit notice from the judge. Even if verified, the petition would have been denied on the merits due to the untimeliness of evidence submission.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationFindings and OrdersIndustrial InjuryDue ProcessLabor Code section 5902VerificationDismissedWCJ
References
1
Case No. ADJ9157742
Regular
Oct 23, 2015

ALBERT JEMES vs. GENERAL SECURITIES SERVICES, INC., TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board granted the defendant's petition for removal, rescinding the WCJ's order for trial briefs and submission. The WCJ improperly denied the defendant's right to present exhibits and witness testimony at an expedited hearing on the Medical Provider Network (MPN) issue. This denial constituted a violation of due process and fair hearing rights, causing significant prejudice. The case is returned to the WCJ for further proceedings and a new expedited hearing where evidence can be presented.

References
0
Case No. ADJ9145995
Regular
Mar 02, 2017

PEDRO SANCHEZ vs. JACK IN THE BOX, ACE AMERICAN INSURANCE COMPANY

This Workers' Compensation Appeals Board (WCAB) decision denies Pedro Sanchez's petition for reconsideration. The WCAB adopted the findings of the workers' compensation administrative law judge (WCJ), giving great weight to the judge's credibility determination from observing the witness. The Board found no substantial evidence to overturn the WCJ's decision. Additionally, the WCAB admonished applicant's attorney for failing to reference exhibits, noting proper service of the Summary of Evidence and the attorney's obligation to recall their own submissions.

Workers' Compensation Appeals BoardPetition for ReconsiderationSupplemental ProceedingsTaking Additional EvidenceWCJCredibility DeterminationSummary of EvidenceOfficial Address RecordExhibitsGarza v. Workmen's Comp. Appeals Board
References
1
Case No. ADJ394613 (VNO 0530712) ADJ2266356 (VNO 0530710)
Regular
Apr 01, 2016

MARIA ESTRELLA vs. NATIONAL EXPRESS CORPORATION

The Workers' Compensation Appeals Board (WCAB) granted removal to a lien claimant after a judge excluded four exhibits. The WCAB found that two of the excluded exhibits, representing certifications and financial interest notifications, were sufficiently listed on the Pre-Trial Conference Statement. Therefore, the WCAB admitted these two exhibits into evidence, amending the judge's prior order. The remainder of the judge's order, excluding the other two exhibits, was affirmed.

Petition for RemovalLien ClaimantWorkers' Compensation Appeals BoardWCJExhibitsPrejudiceIrreparable HarmPre-Trial Conference StatementServiceNotification of Certification
References
1
Case No. 2019-06-1523
Regular Panel Decision
Dec 07, 2020

Williams, John v. All-Star Personnel, Inc.

This scheduling order from the Tennessee Court of Workers' Compensation Claims outlines key deadlines for the case of John Williams v. All-Star Personnel, Inc., and Benchmark Ins. Co. The contested issues include medical, temporary, and permanent disability benefits, as well as compensability. Discovery is set to conclude with lay witness depositions by January 31, 2021, and expert witness depositions by March 12, 2021. A post-discovery mediation is scheduled for March 30, 2021. The compensation hearing is set for April 15, 2021, in Nashville, Tennessee. The order also mandates the submission of stipulations, witness and exhibit lists, and prehearing briefs before the compensation hearing. Failure to comply with these deadlines may result in referral to the Penalty/Compliance Division as per Tennessee Code Annotated section 50-6-118.

SchedulingDiscoveryMediationCompensation HearingDeadlinesNon-complianceWorkers' CompensationEmployee BenefitsEmployer LiabilityInsurer
References
0
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