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

Case No. ADJ8381652
Regular
Feb 07, 2014

CARLOS CABRERA RAZO vs. LAS POSAS COUNTRY CLUB, HARTFORD INSURANCE CO.

This case concerns the timeliness of an applicant's strike from a Qualified Medical Evaluator (QME) panel. The Appeals Board vacated its previous grant of reconsideration, dismissed the defendant's Petition for Reconsideration, and denied their Petition for Removal. The Board determined that Labor Code section 4062.2, as amended by SB 863 effective January 1, 2013, applies to pending matters, including this case with a 2012 date of injury. Applying the amended statute and Code of Civil Procedure section 1013(a), the applicant had 15 days from the Administrative Director's assignment of the QME panel to strike a name. The applicant's strike on the 12th day was therefore timely, affirming the Workers' Compensation Judge's decision.

Workers' Compensation Appeals BoardQualified Medical EvaluatorPetition for ReconsiderationPetition for RemovalLabor Code Section 4062.2(c)Senate Bill 863Administrative DirectorCumulative Trauma InjuryQME Panel AssignmentCode of Civil Procedure 1013
References
Case No. GRO 024430
Significant
Dec 08, 2004

Myron Abney vs. AERA ENERGY, LIBERTY MUTUAL INSURANCE COMPANY

This en banc decision holds that the revised Labor Code section 5814, operative June 1, 2004, applies to unreasonable delays in compensation payments that occurred prior to its operative date, provided the finding of unreasonable delay is made on or after that date.

SB 899Labor Code Section 5814En Banc DecisionReconsiderationTemporary Disability IndemnityPenaltyUnreasonable DelayOperative DateStatute of LimitationsConclusive Presumption
References
Case No. GRO 024430
En Banc
Dec 08, 2004

Myron Abney vs. Aera Energy, Liberty Mutual Insurance Company

The Appeals Board held that the amended Labor Code section 5814, which changed penalty calculations for unreasonable delay of compensation, applies to delays that occurred before its June 1, 2004 operative date, if the finding of unreasonableness is made on or after that date.

SB 899Labor Code section 5814unreasonable delaypenaltyoperative datetemporary disability indemnityHofmeister v. Workers' Comp. Appeals Bd.prior to operative dateon or after operative dateconclusive presumption
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. ADJ8276740
Regular
Sep 19, 2012

Kim Jaszewski vs. The Regents of the University of California

The Workers' Compensation Appeals Board denied reconsideration of a take-nothing award, finding the applicant's claim untimely. The applicant argued that short-term disability payments tolled the one-year statute of limitations, but failed to provide evidence of such payments. Furthermore, the employer's denial of the claim on March 23, 2011, provided a clear date from which the one-year filing period began to run. The Board also rejected the applicant's attorney's attempt to seek relief under Code of Civil Procedure section 473, as it does not grant relief from jurisdictional deadlines like statutes of limitations.

Workers' Compensation Appeals BoardApplication for Adjudication of Claimstatute of limitationstollingshort-term disability benefitsdenial of claimLabor Code section 5405Code of Civil Procedure section 473jurisdictional deadlinecumulative trauma injury
References
Case No. ADJ8964113
Regular
Jun 24, 2016

LISA LIU vs. ADVENTURER HOTEL, TOWER NATIONAL INSURANCE COMPANY

This case concerns a lien claim filed by Tri-County Medical Group for services provided to applicant Lisa Liu. The Administrative Law Judge (ALJ) dismissed the lien, finding it was filed untimely beyond the 18-month statutory limit. The lien claimant appealed, arguing the filing date of February 2, 2015, was within the period because the 18-month deadline of February 1, 2015, fell on a Sunday, extending the filing to the next business day. The Workers' Compensation Appeals Board granted reconsideration, rescinded the ALJ's order, and found the lien timely filed. The Board determined that per procedural rules, when the last day falls on a weekend, the deadline extends to the next business day.

Workers' Compensation Appeals BoardLien ClaimPetition for ReconsiderationLabor Code section 4903.5(b)Statute of Limitations18-month periodRules of Practice and ProcedureBusiness DayEAMS RecordJudicial Notice
References
Case No. ADJ9541996 ADJ9631286 ADJ9542033
Regular
Oct 05, 2016

SOFIA PIOTROWSKI vs. BLUE BANNER COMPANY, APPLIED RISK

The Workers' Compensation Appeals Board (WCAB) rescinded an order approving a $50 settlement for a $13,340 lien claim. The Board found sufficient procedural irregularities, including the lien claimant's representative's alleged mistake regarding the statute of limitations and the lack of clear authorization for the representative to settle. The case was remanded to the trial level for further proceedings, with the WCAB noting potential sanctions due to the apparent neglect of the parties involved.

Workers' Compensation Appeals BoardLien ClaimantStipulation & OrderReconsiderationPetition for ReconsiderationUtilization ReviewLabor Code Section 4903.6(d)Due ProcessProcedural IrregularitiesGood Cause
References
Case No. ADJ9685765
Regular
Feb 09, 2015

MARTIN VAN DOORN vs. WEST VALLEY CONSTRUCTION COMPANY, INC., ZURICH AMERICAN INSURANCE COMPANY, OLD REPUBLIC INSURANCE COMPANY

This case concerns a petition for reconsideration by West Valley Construction Company and Zurich American Insurance Company regarding a prior decision that reversed an arbitrator's finding. The arbitrator had barred the applicant's claim for specific injuries to his neck and back due to the statute of limitations. The defendants argued the applicant's petition was procedurally defective and that the Board did not properly weigh evidence. The Board denied reconsideration, finding the applicant's amended petition cured any initial defects and that the defendants were not prejudiced by the form of the original filing. The Board affirmed its previous decision based on its prior reasoning.

Workers' Compensation Appeals BoardPetition for ReconsiderationStatute of LimitationsSpecific InjuryCumulative InjuryProcedural DefectVerificationCase NumberArbitrator's FindingsDecision After Reconsideration
References
Case No. ADJ7232076
En Banc
Sep 26, 2011

Tsegay Messele vs. Pitco Foods, Inc.; California Insurance Company

The Appeals Board holds that the 10-day period for agreeing on an AME under Labor Code § 4062.2(b) is extended by five days when the initial proposal is served by mail, and clarifies the method for calculating this time period, finding both parties' panel requests premature.

Workers' Compensation Appeals BoardTsegay MesselePitco FoodsInc.California Insurance CompanyADJ7232076Opinion and Decision After ReconsiderationOrder Granting RemovalDecision After RemovalEn Banc
References
Case No. ADJ2124454
Regular
Aug 01, 2016

YALILI AUCAR vs. AMERICAN COPAK CORPORATION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to address a lien claimant's contention that its lien was improperly dismissed as untimely. The WCAB found the initial Stipulation and Order flawed due to an incomplete record and improper procedural application. The matter is returned to the trial level for a full re-analysis of the statute of limitations for the lien claim and the timely payment of the lien fee. The WCJ must ensure all necessary documentation is present and properly consider evidentiary presumptions and potential tolling of the limitations period.

Lien claimantReconsiderationStipulation and OrderStatute of limitationsLien feeWCJWCABEAMSCompromise and ReleaseLabor Code section 4903.5
References
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