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

Case No. ADJ761271 (SJO 0070447)
Regular
Sep 22, 2010

Dorothy Thompson vs. GENERAL MOTORS, Permissibly SelfInsured, Adjusted by SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board has declared Dorothy Thompson a vexatious litigant. This declaration follows a notice issued on September 7, 2010, to which no response was received. As a result, any future filings by Ms. Thompson in propria persona will be considered "conditionally filed." Such filings will only be deemed properly filed after a judge or the Board determines they do not violate Rule 10782(a).

Vexatious LitigantPre-filing OrderWorkers' Compensation Appeals BoardPropria PersonaRule 10782(a)Conditionally FiledPermissibly Self-InsuredSedgwick Claims Management ServicesNotice of IntentionPresiding Workers' Compensation Judge
References
Case No. ADJ6687390
Regular
Sep 28, 2015

GABRIELA OCHOA RODRIGUEZ vs. PERSONA HR, TOWER INSURANCE, ACCUPRINT SERVICES

This case involves an applicant injured while employed as a printer for Persona HR and Accuprint Services, Inc. Persona HR sought reconsideration of a finding of dual employment, arguing it was denied due process by the admission of witness testimony without prior notice. The Workers' Compensation Appeals Board denied reconsideration, finding that any error in admitting the testimony was harmless as it was not relied upon for the decision. The Board affirmed the finding of dual employment based on contract language and emails, noting that an employee can have joint and several liability for compensation benefits from multiple employers.

Workers' Compensation Appeals BoardPersona HRTower InsuranceAccuprint ServicesUninsuredpetition for reconsiderationindustrial injurybilateral wristslumbar spineright knees
References
Case No. ADJ10394099
Regular
Sep 06, 2018

Samuel Ciuriuc vs. YRC WORLDWIDE INC., OLD REPUBLIC INSURANCE

The Workers' Compensation Appeals Board dismissed Samuel Ciuriuc's Petition for Reconsideration because it was not filed from a final order. Ciuriuc's petition raised issues regarding his ability to return to work and find a new physician within the defendant's Medical Provider Network (MPN) following an award of permanent disability and future medical treatment for a spine injury. The Board is returning the matter to the trial level for a status conference to address these issues, and advises Ciuriuc to contact the Information and Assistance Unit and the MPN for help.

Petition for ReconsiderationDismissalAwardStipulations with Request for AwardMedical Provider Network (MPN)Information and Assistance UnitMedical TreatmentStatus ConferenceWorkers' Compensation Appeals Board (WCAB)Industrial Injury
References
Case No. ADJ7655051; ADJ7264895
Regular
Nov 04, 2013

MARIA GALLARDO vs. BARRETT BUSINESS SERVICES, INC.

The Workers' Compensation Appeals Board (WCAB) denied reconsideration for ADJ7655051 and dismissed it for ADJ7264895. The WCAB adopted the judge's reasoning, emphasizing that the applicant's credibility was a key issue and her petition lacked verification. Furthermore, the petition for ADJ7264895 was untimely filed. The Board also noted the applicant's supplemental petition was not considered.

WCABADJ7264895ADJ7655051Petition for ReconsiderationDenialDismissalLack of VerificationCredibilityAOE/COEPropria Persona
References
Case No. ADJ9274107
Regular
Jul 24, 2017

ROBERT MARTINEZ vs. VIA SYSTEMS GROUP, INC., TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration to review an order approving a Compromise and Release. The applicant argued that new evidence, previously undiscoverable, warranted this reconsideration. Adopting the WCJ's report, the Board rescinded the original order and returned the case for further proceedings and a new decision at the trial level. This decision allows for the introduction of the alleged new material evidence affecting the settlement.

Petition for ReconsiderationCompromise and ReleaseOrder Approving Compromise and ReleaseWorkers' Compensation Appeals BoardWCJNew evidenceRescindedTrial levelFurther proceedingsDecision after reconsideration
References
Case No. POM 0231129
Regular
Jun 03, 2008

PEGGY MAYER SPIER vs. BRIDGECREEK RETIREMENT HOME, LIBERTY MUTUAL INSURANCE COMPANY

This case involves a dispute over attorney's fees from a workers' compensation settlement. The WCJ initially divided the remaining $10,500 in fees based solely on the length of representation, awarding $9,450 to the applicant for self-representation and $1,050 to the former attorney. The former attorney sought reconsideration, arguing the WCJ improperly ignored statutory factors like responsibility, care, time, and results obtained. The Appeals Board granted reconsideration and remanded the case for a new fee determination based on all four statutory criteria.

Workers' Compensation Appeals BoardReconsiderationAttorney's FeesCompromise and ReleasePropria PersonaLien ClaimantAgreed Medical ExaminerThoracic Outlet SyndromeLabor Code Section 4906(d)Rule 10775
References
Case No. ADJ7785733 ADJ7632939 ADJ6541832
Regular
Apr 03, 2014

JOHN SHEK vs. STANFORD HOSPITAL & CLINICS, ACE INSURANCE, SEDGWICK CLAIMS MANAGEMENT

The Workers' Compensation Appeals Board denied John Shek's petition for reconsideration of an order declaring him a vexatious litigant. Shek's three workers' compensation cases have been dismissed or denied by final order, with no viable appeal remaining. The Board adopted the judge's report, finding no significant prejudice from the vexatious litigant declaration and admonishing Shek for attaching excess documents. Shek is now subject to pre-filing requirements for any future filings with the Board.

Vexatious litigantPetition for reconsiderationWorkers' Compensation Appeals BoardInjured workerStanford Hospital & ClinicsAce InsuranceSedgwick Claims ManagementOrder denying reconsiderationPrefiling requirementsWCAB Rule 10782
References
Case No. ADJ7033087
Regular
Jul 03, 2012

Alan Beaven, Deceased Kimberly Beaven, Widow vs. Berman, Devalerio Pease & Tabacco, State Compensation Insurance Fund

This case concerns a petition for reconsideration filed by the defendant employer, SCIF, after a Stipulated Findings and Award was issued. The WCJ recommended denying the petition, finding no evidence of mutual mistake or fraud to justify setting aside the award. The award, which provided death benefits to the decedent's dependents, was agreed upon by the parties despite the WCJ warning the defendant that they were offering more benefits than statutorily required. Ultimately, the Workers' Compensation Appeals Board dismissed the petition for reconsideration as it had been withdrawn by the petitioner.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissed PetitionStipulated Findings and AwardDeath BenefitsTerrorist ActivitySeptember 112001Injury Resulting in DeathGAL for Minor
References
Case No. ADJ10731404
Regular
Oct 09, 2018

PRESTON LEE BROWN SCOTT vs. CITY OF LOS ANGELES, OPSEC; THE HARTFORD

The Workers' Compensation Appeals Board (WCAB) is issuing a notice of intention to declare applicant Preston Lee Brown Scott a vexatious litigant. This action is prompted by Mr. Scott's repeated filing of unmeritorious and repetitive claims and petitions, despite being informed of procedural rules and settlement agreements. If declared a vexatious litigant, Mr. Scott will be subject to a pre-filing order requiring him to obtain permission before filing any new documents or applications with the WCAB. This measure aims to prevent further abuse of the judicial process and conserve WCAB resources.

Vexatious litigantAppeals BoardPre-filing orderPropria personaReconsiderationLabor CodeCarve-out agreementADRCompromise and ReleaseSection 132a
References
Case No. ADJ558450 (ANA 0405476)
Regular
Dec 23, 2008

ROSEANNE RAY vs. VERIZON WIRELESS, SEDGWICK CLAIMS MANAGEMEN SERVICES

The Workers' Compensation Appeals Board has rescinded its prior decision and returned the case to the trial level for further proceedings. This action stems from the defendant's contention that they were denied due process regarding temporary disability indemnity rate calculations. The Board will allow an evidentiary hearing to adjudicate the issues of earnings and the proper temporary disability indemnity rate, ensuring the defendant's opportunity to be heard.

Workers' Compensation Appeals BoardReconsiderationTemporary Disability IndemnityDue ProcessStipulated AwardPermanent DisabilityAverage Weekly WageEvidentiary HearingTrial LevelRescinded
References
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