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

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ3813213 (LAO 0880628) ADJ426875 (LAO 0739120) ADJ448791 (LAO 0739119)
Regular
May 18, 2015

ALEXANDRA McSPORRAN vs. MIDWAY HOSPITAL, TRAVELERS PROPERTY CASUALTY COMPANY, KAISER PERMANENTE FOUNDATION HOSPITAL, UCLA MEDICAL CENTER

This case involves applicant Alexandra McSporran's claims for industrial injuries sustained as a nurse across three distinct periods ending in 1999, 2003, and 2008, against defendants Midway Hospital, Travelers, Kaiser, and UCLA. The Workers' Compensation Appeals Board (WCAB) denied reconsideration for both the applicant and Kaiser. The applicant argued for a single cumulative injury and against apportionment of permanent disability, while Kaiser raised statute of limitations and evidentiary objections. The WCAB adopted the WCJ's reasoning, denying both petitions and affirming the prior award.

Workers' Compensation Appeals BoardAlexandra McSporranMidway HospitalTravelers Property Casualty CompanyKaiser Permanente Foundation HospitalUCLA Medical CenterPermissibly Self-InsuredJoint Findings Award and Ordercumulative injurystatute of limitations
References
Case No. ADJ3765992 (SRO 0132531) ADJ2072207 (SRO 0140061)
Regular
Apr 29, 2009

Lorraine O'Keefe vs. Surgical Staff North, Inc., CAL COMP, In Liquidation, CIGA, Adjusted by BROADSPIRE, COMMUNITY HOSPITAL OF MONTEREY PENINSULA, Permissibly Self-Insured, Adjusted by CLAIMS MANAGEMENT, INC. (ADJ3765992), QUEEN OF THE VALLEY HOSPITAL, Permissibly Self-Insured, Adjusted by SEDGWICK CLAIMS MANAGEMENT SERVICE (ADJ2072207)

This case involves applicant Lorraine O'Keefe's workers' compensation claims for left knee injury. The Workers' Compensation Appeals Board denied reconsideration of the finding that applicant sustained an industrial injury on December 15, 1999, while employed by Community Hospital of the Monterey Peninsula (CHOMP). However, the Board granted reconsideration regarding attorney fees, rescinding the prior award against CHOMP. The issue of CHOMP's liability for applicant's attorney fees under Labor Code section 4064(c) will be returned for further proceedings due to insufficient notice.

Workers' Compensation Appeals BoardSurgical Staff NorthCal CompCIGACommunity Hospital of Monterey PeninsulaClaims Management Inc.Queen of the Valley HospitalSedgwick Claims Management ServiceFindings Award OrdersPetition for Reconsideration
References
Case No. ADJ7921523
Regular
Apr 13, 2017

CARMEN AGUIRRE vs. COUNTY OF LOS ANGELES

In this case, lien claimants Landmark Medical Management and PharmaFinance sought removal of a WCJ's order staying all proceedings on their lien claims pending further court order. The WCJ based the stay on criminal indictments against individuals allegedly associated with the lien claimants, under Labor Code section 4615, which automatically stays liens filed by or on behalf of an indicted provider. However, the Appeals Board granted removal, rescinded the stay, and returned the matter for further proceedings. This was because the record lacked sufficient evidence to establish the indicted individual's specific connection to the liens or whether the liens were filed "on behalf of" the indicted person, as required by section 4615.

Removal PetitionLien ClaimantsCriminal IndictmentLabor Code 4615Automatic StayWorkers Compensation FraudPetition for StayWCJ OrderSubstantial PrejudiceIrreparable Harm
References
Case No. ADJ366995
Regular
Jan 31, 2011

MARVIN BRANSCOMB (Deceased), MABLE JEAN BRANSCOMB (Widow) vs. CITY OF COMPTON, COUNTY OF LOS ANGELES

The Workers' Compensation Appeals Board denied the City of Compton's petition for a stay of a $\$250,000$ death benefit award. The award was for prostate cancer, determined to be work-related for a deceased deputy sheriff. The Board explained that it can effectively stay execution by withholding the certified copy of the award, which is its standard practice during pending appellate review. Therefore, a separate stay order is unnecessary.

Workers' Compensation Appeals BoardPetition for StayFindings and AwardDeath BenefitsPetition for Writ of ReviewReconsiderationCertified Copy of AwardWithholding Certified CopyStay of ExecutionLabor Code § 5808
References
Case No. ADJ1521645 (RIV 082425)
Regular
Jan 22, 2015

SILVESTRE LOPEZ TRUJILLO vs. TORRES FARM LABOR CONTRACTOR, REDWOOD FIRE AND CASUALTY INSURANCE, BERKSHIRE HATHAWAY HOME STATE COMPANIES

The Workers' Compensation Appeals Board (WCAB) reconsidered a decision regarding lien claimant Monrovia Memorial Hospital's claim for additional payment for services rendered to applicant Silvestre Lopez Trujillo. Although Monrovia Memorial Hospital is a long-term acute care hospital exempt from standard fee schedules and entitled to reasonable cost basis payment, it failed to prove its billed amount was reasonable. The WCAB found the hospital's claimed charges of $149,382.54 were grossly disproportionate to the $34,611.32 estimate for comparable services at another facility. Therefore, the WCAB rescinded the original findings and substituted new ones, finding the hospital was reasonably compensated and not entitled to further payment.

Workers' Compensation Appeals BoardLien ClaimantReconsiderationIndustrial InjuryLumbar SpineLong-Term Acute Care HospitalFee Schedule ExemptionReasonable Cost BasisBurden of ProofMedical Bill Coding
References
Case No. ADJ2975271 (OXN 0141978)
Regular
Feb 09, 2018

BAUDELIO CHAVARRIA vs. AMERICAN LANDSCAPE, INC., BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Workers' Compensation Appeals Board granted a petition for removal, rescinding a July 1, 2015, order that stayed proceedings on lien claims filed by Landmark Medical Management. This rescission was based on a conflict with a prior, overarching stay order issued on May 14, 2015, in a consolidated matter. The Board found that the earlier stay order takes precedence and ordered this matter consolidated with the previously stayed cases pending before WCJ Devine.

Petition for RemovalSupplemental Minute OrderLien ClaimsCriminal IndictmentsCivil ComplaintConflicting Stay OrderPrior Stay OrderRescindedAppeals BoardConsolidation
References
Case No. SAU8813471
Regular
Feb 07, 2023

KIMBERLY KENNEY vs. SEGUOYAH, INC., FARMERS INSURANCE EXCHANGE

The Workers' Compensation Appeals Board denied a lien claimant's petition for removal of an order consolidating liens and imposing a temporary stay. The consolidation aims to resolve a common legal issue regarding whether the lien claimant is controlled by a criminally charged physician, which would trigger an automatic stay under Labor Code section 4615. The Board found no due process violation, as the order only stays other lien issues pending the common issue's adjudication. Furthermore, the consolidation serves judicial efficiency by avoiding duplicate rulings on this critical threshold matter.

WCABPetition for RemovalOrder of Consolidation and StayLien ClaimantLabor Code section 4615Due ProcessIssue PreclusionConsolidation OrderWCJFarmers Insurance Exchange
References
Case No. ADJ11369357, ADJ11369329
Regular
May 21, 2025

GLORIA DAVIS vs. KAISER FOUNDATION HOSPITAL, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

Gloria Davis, the applicant, sought reconsideration of Findings and Orders issued on February 7, 2025. The original orders found she sustained a lumbar spine injury but denied her Labor Code section 132a claim for discrimination. Davis contended that the F&O was a result of fraud and WCJ bias, specifically regarding her termination from Kaiser Foundation Hospital for alleged HIPAA violations. The Workers' Compensation Appeals Board reviewed the petition, the defendant's answer, and the WCJ's report. The Board denied reconsideration, upholding the WCJ's credibility determination and finding no evidence that Davis was discriminated against due to her industrial injuries.

WORKERS' COMPENSATION APPEALS BOARDGLORIA DAVISKAISER FOUNDATION HOSPITALSEDGWICK CLAIMS MANAGEMENT SERVICESINC.ADJ11369357ADJ11369329Oakland District OfficeOPINION AND ORDER DENYING PETITION FOR RECONSIDERATIONpatient care technician
References
Case No. ADJ295703 (ANA 0301797) ADJ4701843 (ANA 0301798)
Regular
Jun 04, 2013

MARLENE RASK vs. FOUNTAIN VALLEY REGIONAL HOSPITAL, PACIFICA HOSPITAL, TRAVELERS PROPERTY CASUALTY COMPANY

This Workers' Compensation Appeals Board case involves Marlene Rask's claim for cumulative trauma from Hepatitis C, sustained while employed as a registered nurse. The original award found 10.5% permanent disability, but both the applicant and defendant Travelers contested this. The Board rescinded the prior award because the administrative law judge did not adequately clarify the date of injury for the cumulative trauma claim. The matter is returned to the trial level for further proceedings to determine this crucial date.

Workers' Compensation Appeals BoardMarlene RaskFountain Valley Regional HospitalPacifica HospitalTravelers Property Casualty CompanyADJ295703ADJ4701843Long Beach District OfficeOpinion and Decision After ReconsiderationJoint Findings and Award and Order
References
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