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

Case No. ADJ7523416
Regular
Jul 10, 2013

ROSAICELA ALEJANDRE vs. COMMUNITY ACTION PARTNERSHIP OF SAN LUIS OBISPO, LIBERTY MUTUAL

This case involves a petition for reconsideration filed by applicant Rosaicela Alejandre. The Workers' Compensation Appeals Board (WCAB) dismissed the petition as untimely. The WCAB adopted the administrative law judge's report which found the petition was filed more than 25 days after the November 19, 2012, Order Dismissing the 132(a) Application. This delay violated the 20-day filing period under Labor Code section 5903, plus the 5-day extension for mailing.

Petition for ReconsiderationUntimelyLabor Code section 5903Code of Civil Procedure section 1013Order DismissingWorkers' Compensation Appeals BoardAdministrative Law JudgeReport and Recommendation132(a) ApplicationWCAB
References
Case No. ADJ377932 (SRO 140247)
Regular
Sep 07, 2010

BARBARA PENNY vs. COMMUNITY ACTON PARTNERSHIP OF SONOMA COUNTY, STATE COMPENSATION INSURANCE FUND

In this case, the Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior award concerning applicant Barbara Penny's industrial injury. The WCAB rescinded the award and returned the matter for further proceedings. This decision was primarily based on the need to properly develop the record regarding the applicant's diminished future earning capacity (DFEC), specifically concerning the methodology for calculating lost earnings. The WCAB also noted that the applicant's claim for further medical treatment for body parts beyond the low back could be raised again at the trial level.

Workers Compensation Appeals BoardBarbara PennyCommunity Action Partnership of Sonoma CountyState Compensation Insurance FundADJ377932Opinion and Order Granting Petitions for ReconsiderationDecision After ReconsiderationFindings and AwardIndustrial InjuryCase Manager
References
Case No. ADJ10013565
Regular
Nov 05, 2018

ANTONIO GUZMAN vs. KLEAN SWEEP PARKING LOT SERVICE, INC., STATE COMPENSATION INSURANCE FUND, INSURANCE COMPANY OF THE WEST

The Workers' Compensation Appeals Board (WCAB) granted Trucare Pharmacy's Petition for Reconsideration, rescinding the prior order to stay Trucare's lien. The WCAB found that the defendant failed to meet its burden of proof that Trucare was "controlled" by a criminally charged provider as defined by Labor Code section 139.21(a)(3). Specifically, there was no evidence that John Garbino, the criminally charged provider, was an officer, director, or 10% shareholder of Trucare Pharmacy. Therefore, Trucare's lien is not subject to a stay under Labor Code section 4615 and the case is returned for further proceedings.

Labor Code section 4615criminally charged providerjoint venturepartnershiplien claimantprovider statuscontrolled entitystatutory interpretationdue processadministrative director
References
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. ADJ106846 (VNO 0536976)
Regular
Apr 28, 2011

SARKIS INDOIAN (Dec'd), BETTY INDOIAN (Widow) vs. ON THE WHEELS, SUCCESS DELIVERY, NOUNE SOMOKRANIAN, VIGEN GABOUCHIAN, ROUZZANA ARCHAKOUNI, UNINSURED EMPLOYERS FUND

The Workers' Compensation Appeals Board granted reconsideration of a prior award finding the decedent sustained a fatal cumulative trauma injury due to his employment with Success Delivery. The Board found the medical evidence, particularly the Qualified Medical Evaluator's report, lacked sufficient factual basis and an accurate employment history to establish a causal link. Consequently, the case was remanded to the trial level for further development of the medical record to determine if the employment with Success Delivery contributed to the injury.

Cumulative traumaIndustrial injuryDeath benefitsEmployment relationshipSubstantial shareholderPartnershipUninsured employerMedical evidenceCausationApportionment
References
Case No. ADJ2502806 (SDO 0295752)
Regular
Jun 06, 2018

Natalia Beck, Kim Fortes vs. TWO GUYS RELOCATION SYSTEM

The Workers' Compensation Appeals Board denied the petitioner's request for removal, deeming it an extraordinary remedy not warranted in this case. The Board found no substantial prejudice or irreparable harm would result from denying removal, nor that reconsideration would be an inadequate remedy. The WCJ's report provided sufficient analysis of the petitioner's arguments, leading to the denial of the petition. Therefore, the matter will proceed without the requested removal.

RemovalPetition for RemovalWCJ ReportSupplemental PleadingSubstantial PrejudiceIrreparable HarmReconsiderationExtraordinary RemedyCourt Appointed ReceiverChapter 7 Trustee
References
Case No. ADJ6446674
Regular
Oct 11, 2011

DAVID HERNANDEZ vs. RUSSELL FISHER PARTNERSHIPS, ICW GROUP/EXPLORER INSURANCE CO.

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the original finding that he did not sustain an industrial injury. The Board also granted removal on its own motion and intends to sanction the applicant's counsel for submitting a petition with handwritten annotations to an already admitted document, violating procedural rules. This constitutes a violation of Rule 10842(c), warranting sanctions unless good cause is shown within 15 days.

Industrial injurySite managerPetition for reconsiderationFindings of Fact and OrderCredibility assessmentWitness credibilityTake nothing orderSanctionsAppeals Board motionLabor Code § 5813
References
Case No. ADJ8212510
Regular
Feb 19, 2013

SANTOS ARIN RODRIGUEZ vs. JK FARMS PARTNERSHIP, INSURANCE COMPANY OF THE WEST\EXPLORER

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration, rescinded the prior Findings and Award, and returned the case for further development of the record. The Board found that the second opinion physician's report was incomplete due to the defendant's refusal to authorize recommended diagnostic tests. This refusal prevented the physician from rendering a definitive opinion on the necessity of spinal surgery. The Board admonished the defendant for this delay and gamesmanship, emphasizing the need for authorized further testing.

Workers' Compensation Appeals BoardPetition for ReconsiderationSpinal SurgeryUtilization ReviewSecond OpinionNerve Conduction StudyEMG StudiesLumbar FusionDynamic Radiographic StudiesDeclaration of Readiness to Proceed
References
Case No. ADJ12252481 ADJ12252972
Regular
Nov 25, 2019

ROXANNE MAHROOM vs. MAHROOM FAMILY PARTNERSHIP, LP, EMPLOYERS PREFERRED INSURANCE COMPANY

This case involves applicant Roxanne Mahroom seeking temporary disability (TD) indemnity for a period preceding the WCJ's awarded benefits. The WCAB denied reconsideration, adopting the WCJ's reasoning. The applicant failed to meet her burden of proof to demonstrate entitlement to TD for the disputed period, as she provided no medical evidence or testimony supporting her inability to work during that time. The WCJ's finding of TD from January 25, 2019, and continuing, was supported by substantial evidence.

WCABPetition for ReconsiderationFindings Award and OrderWorkers' Compensation Judge (WCJ)Temporary Total Disability (TTD)Temporary Disability IndemnitySubstantial EvidenceBurden of ProofMedical EvidenceApplicant's Testimony
References
Case No. ADJ9175444 ADJ9175443 ADJ9182342 ADJ9863288
Regular
Sep 11, 2017

ALEXANDRA MOON (RAMIREZ) vs. LONG BEACH COMMUNITY ACTION PARTNERSHIP, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the State Compensation Insurance Fund's (SCIF) petition for reconsideration. SCIF sought to overturn penalties and attorney's fees awarded due to an alleged unreasonable delay in issuing settlement proceeds. The Board upheld the administrative law judge's decision, finding that SCIF failed to sufficiently prove that replacement settlement checks were mailed on the dates claimed, thus supporting the applicant's testimony of a delay. The exclusion of SCIF's exhibits for lack of authentication was also deemed proper.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings Award OrdersWCJSCIFSettlement ProceedsPenaltyInterestAttorney's FeesCompromise and Release
References
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