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

Case No. ADJ649373
Regular
Aug 01, 2014

TRENA GIBNEY vs. GLENDALE ADVENTIST HOSPITAL, ADVENTIST HEALTH

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration, upholding the judge's findings. The judge ruled that the applicant was entitled to referrals to a pulmonologist, nephrologist, and hematologist, as well as an AFO brace. The Board rejected the defendant's supplemental pleading and admonished their counsel for misstating facts, noting potential future sanctions. The applicant sustained a catastrophic injury as a registered nurse in 2008 and has undergone multiple surgeries, with the current dispute revolving around the medical necessity of further consultations and an AFO brace.

WCABPetition for ReconsiderationWCJ reportsupplemental pleadingmisstating factssanctionsFindings and Awardpulmonologistnephrologisthematologist
References
3
Case No. 2018-02-0115
Regular Panel Decision
Dec 12, 2018

Wilson, Louis v. O. G. Kelley and Co.

Louis Wilson, a former machinist, sought medical and temporary total disability benefits for lead exposure from his employment with O.G. Kelley and Co. The employer disputed timely notice and the competency of medical evidence regarding causation. The Court found that Mr. Wilson likely provided timely notice and was entitled to a panel of physicians based on Dr. Merrick's opinion linking his condition to work. However, his request for temporary total disability benefits was denied due to equivocal medical testimony regarding his maximum medical improvement and work status. The Court ordered O.G. Kelley to provide a panel of hematologists.

Lead ExposureOccupational DiseaseMedical BenefitsTemporary Total DisabilityNotice of InjuryCausationMedical Expert OpinionHematologist PanelWorkers' Compensation Claims
References
3
Case No. MISSING
Regular Panel Decision

Claim of Maldonado v. Exclusive Auto Body Supply Inc.

Claimant, a bookkeeper, sought workers' compensation benefits for aplastic anemia, alleging it was caused by exposure to paint fumes containing toluene at her workplace. Her treating hematologist, Kenneth Miller, initially linked the illness to workplace chemicals, but later evidence showed only minimal toluene exposure. Independent medical examiner Warren Silverman testified that the illness likely predated employment and the low levels of toluene could not have caused it. The Workers’ Compensation Law Judge and Board found Silverman's testimony more credible, denying the claim due to a lack of causal relationship. The appellate court affirmed the Board's determination, citing the Board's discretion in resolving conflicting medical testimony.

Aplastic AnemiaToluene ExposureCausal RelationshipConflicting Medical TestimonyWorkers' Compensation BoardIndependent Medical ExaminationTreating PhysicianEvidentiary WeightOccupational DiseaseMedical Opinion
References
6
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