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

Case No. ADJ8501790
Regular
Jul 29, 2015

Kelly Chase vs. St. Louis Blues Hockey Club, Federal Insurance Company

The Workers' Compensation Appeals Board (WCAB) reversed a prior finding of industrial injury for a professional hockey player against the St. Louis Blues. The WCAB found insufficient connection to California for jurisdiction, citing the player's limited games in the state compared to his overall career. This decision followed the precedent set in *Federal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)*, which requires a legitimate and substantial connection to the state for jurisdiction. The WCAB concluded that 21 games out of 485 did not meet this standard for a cumulative injury claim.

WCABSt. Louis Blues Hockey ClubFederal Insurance CompanyADJ8501790Opinion and Decision After Reconsiderationcumulative industrial injuryprofessional hockey playersubject matter jurisdictionstatute of limitationssubstantial medical evidence
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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ9084481
Regular
Dec 06, 2017

AMAURY TELEMACO vs. PHILADELPHIA PHILLIES, ACE AMERICAN INSURANCE COMPANY, ARIZONA DIAMONDBACKS, VIRGINIA SURETY COMPANY

The Appeals Board granted reconsideration of a WCJ's finding of no subject matter jurisdiction, acknowledging that the applicant played 19 games in California during his baseball career. However, the Board intends to find that this minimal connection, absent a hiring in California, does not create a substantial and legitimate interest for California to adjudicate the claim under the *Johnson* due process standard. The Board will allow further briefing on the application of *Johnson* and the relevant statutory amendment regarding professional athletes.

Subject Matter JurisdictionLabor Code section 3600.5(a)Labor Code section 5305Hiring in CaliforniaCumulative InjuryConstitutional Due ProcessFederal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)Substantial and Legitimate ConnectionProfessional Baseball PlayerInjurious Exposure
References
Case No. ADJ6733204
Regular
Aug 11, 2014

MARIA TORRES vs. MAG INSTRUMENTS, INC.; PACIFIC COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board denied reconsideration in this case. The lien claimant, Western Imaging Services, failed to present any evidence at the lien trial to support its claim for reimbursement for medical-legal services. Specifically, no evidence was introduced to establish Western Imaging Services' status as a licensed professional photocopier or its exemption from licensing requirements under Business and Professions Code §22451(b). The Board adopted the WCJ's report, emphasizing that merely filing a document does not constitute evidence.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ClaimantBusiness and Professions CodeProfessional PhotocopierLicensing RequirementMedical-Legal ServicesBurden of ProofWCJ ReportState Bar Exemption
References
Case No. ADJ6411794
Regular
Dec 20, 2010

MARGARET BOWES vs. PROFESSIONAL COURIER AND LOGISTICS, WAUSAU INSURANCE COMPANIES

This Workers' Compensation Appeals Board case involves Margaret Bowes and her employer, Professional Courier and Logistics, with Wausau Insurance. A settlement has been submitted for approval by the Workers' Compensation Judge (WCJ). The Board granted reconsideration, rescinded the prior decision, and returned the matter to the trial level for the WCJ's decision on the settlement. If the settlement is not approved, the original decision may be reinstated.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJSettlement ApprovalRescinded DecisionTrial LevelFurther ProceedingsWausau Insurance CompaniesProfessional Courier and LogisticsMargaret Bowes
References
Case No. ADJ8499686
Regular
Jul 31, 2015

KELLY STINNETT vs. LOS ANGELES DODGERS, NEW YORK METS, ARIZONA DIAMONDBACKS, KANSAS CITY ROYALS, ACE AMERICAN INSURANCE COMPANY, CINCINNATI REDS

This case concerns a professional baseball player's workers' compensation claim against multiple employers and their insurers, including the Los Angeles Dodgers. The Workers' Compensation Appeals Board (WCAB) denied the insurer's petition for reconsideration, upholding the finding of industrial injury and a 15% permanent disability "bump up" due to the employer's non-compliance with return-to-work requirements. The WCAB found sufficient connection to California jurisdiction as the applicant was employed by the Los Angeles Dodgers, a California-based team, during the cumulative trauma period. The WCAB also affirmed the application of Labor Code section 4658(d)(2), finding no exception for professional athletes.

Workers' Compensation Appeals BoardIndustrial InjuryPermanent DisabilityApportionmentLabor Code Section 4658(d)(2)ReconsiderationJurisdictionDue ProcessProfessional AthleteCumulative Trauma
References
Case No. ADJ4467882 (LAO 0859165)
Regular
Jul 05, 2012

YOLANDA HERNANDEZ vs. ARAMARK UNIFORM \& CAREER APPAREL, SPECIALTY RISK

This order denies the Applicant's Petition for Reconsideration. The Workers' Compensation Appeals Board (WCAB) adopted and incorporated the findings of the administrative law judge. The Board also issued a warning to Ana Montes regarding repeated courtroom misconduct and failure to follow WCAB rules, threatening suspension of her right to appear. Therefore, the petition for reconsideration is denied.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationDENYsanctionedinappropriate conductWCAB rulesLabor Code section 4907suspend right to appearprofessional mannerADMINISTRATIVE LAW JUDGE
References
Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. SBR 0311485
Regular
Jun 28, 2006

KIMBERLY STOKES vs. PATTON STATE HOSPITAL / DEPARTMENT OF MENTAL HEALTH / STATE OF CALIFORNIA, legally uninsured, administered by STATE COMPENSATION INSURANCE FUND

This case concerns the lien claim of Ambulatory Surgery Center of Pomona (ASCP) for services rendered to an injured worker. The prior decision disallowed the lien because ASCP lacked a fictitious-name permit from the Medical Board of California. ASCP argues a permit wasn't required for "facility fees" and it possessed necessary accreditations. The Appeals Board rescinded the decision, remanding for a determination of whether ASCP operated as a "clinic" requiring a permit or an "outpatient setting" exempt from such if accredited, and whether its accreditation was valid for ASCP.

Fictitious-name permitMedical BoardAmbulatory Surgery CenterClinicOutpatient settingAccreditationBusiness and Professions CodeHealth and Safety CodeLien claimantProfessional services
References
Case No. ADJ8064878
Regular
Aug 07, 2018

LATASHA WOODSON vs. COUNTY OF RIVERSIDE

This case involves a lien claimant, Western Imaging Services, seeking payment for copying services. The original judge disallowed the lien, finding the services duplicative and unnecessary, and that the claimant was not a licensed professional photocopier. The Appeals Board rescinded this decision, remanding the case for further proceedings. Key issues to be re-examined include the timeliness and specificity of the defendant's objections to the lien claimant's invoices, and whether the claimant is exempt from professional photocopier registration due to their independent contractor status with the applicant's attorney.

Workers' Compensation Appeals BoardReconsiderationLien ClaimantDuplicative ServicesUnnecessary ServicesLicensed Professional PhotocopierAdministrative Law JudgeContested ClaimMedical-Legal ExpensesLabor Code
References
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