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

Case No. ADJ1042301 (STK 0178592)
Regular
May 18, 2011

ANDRES CEJA vs. MODESTO TALLOW COMPANY, CLARENDON INSURANCE COMPANY

The Appeals Board granted reconsideration, rescinding the WCJ's order denying the applicant's petition to reopen. The Board found the WCJ erred in determining the applicant waived the issue of new and further disability to the psyche, as evidence on this issue was presented by both parties. The Board denied the petition for removal regarding a defense counsel's letter, finding it untimely. The matter was returned to the trial level for a decision on the existing record regarding psyche injury and any resulting new and further disability.

Petition for RemovalPetition for ReconsiderationFindings and OrderReopenAwardNew and Further DisabilityPsyche SequelaWaiverQualified Medical Evaluator (QME)Substantial Medical Evidence
References
12
Case No. ADJ11125430
Regular
Sep 30, 2019

Tiffany Merritt vs. CDCR-CALIFORNIA INSTITUTE FOR WOMEN; Legally Uninsured, Adjusted By STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration, affirming the WCJ's decision that the applicant did not sustain injury to her psyche arising out of and occurring in the course of employment. The Board found that the applicant's psychological injury was predominantly caused by a lawful, non-discriminatory, good faith personnel action, specifically a transfer to a new department. However, the Board also amended the original order to defer all issues concerning injuries to body parts other than the psyche. These other issues will be returned to the WCJ for further proceedings and decision.

WORKERS' COMPENSATION APPEALS BOARDTIFFANY MERRITTCDCR-CALIFORNIA INSTITUTE FOR WOMENLegally UninsuredSTATE COMPENSATION INSURANCE FUNDADJ11125430Petition for ReconsiderationFindings and OrderWCJHardesty demand
References
17
Case No. ADJ72 02827
Regular
Apr 14, 2016

Luz Castro vs. Sharp Health Care, ACE American Insurance Company, ESIS, INC.

This case involves an applicant seeking workers' compensation benefits for industrial injuries to her neck, back, and psyche. The Appeals Board granted reconsideration because neither the applicant's nor the defendant's medical evidence sufficiently supported findings on psychological injury or permanent disability. Due to the unreliability of the orthopedic medical opinions and the psychologist's reliance on them, the Board deferred the issues of permanent disability and injury to the psyche. The matter is returned for further proceedings, including selecting a new orthopedic evaluator, before determining these deferred issues and attorney's fees.

Workers Compensation Appeals BoardPetition for ReconsiderationRemovalFindings and AwardVacating SubmissionNew and Further DisabilityIndustrial InjuryPermanent DisabilityPsycheApportionment
References
0
Case No. ADJ2349671 (LAO 0787649) ADJ767632 (POM 0254221) ADJ678557 (POM 0254222)
Regular
Aug 03, 2012

BLAS MARIN vs. WEST COAST COMMUNICATIONS, GALLAGHER BASSETT, CNA CLAIMS PLUS

The Workers' Compensation Appeals Board granted reconsideration, affirming the disallowance of Dr. Rahimi's lien claim for psyche treatment due to a lack of evidence of industrial psyche injury, relying on a physician's report stating no such injury occurred. The Board also affirmed sanctions against Dr. Rahimi for bad-faith litigation actions, but reduced the total attorney fees awarded to defense counsel from $2,400 to $1,200. The reduction was due to insufficient evidence of Dr. Rahimi's non-attendance at certain hearings and an issue with the timing of a compromise and release approval. Finally, the Board noted that the issue of notice regarding the compromise and release was not raised at trial and the lien claimant failed to demonstrate prejudice.

Workers' Compensation Appeals BoardLien ClaimantReconsiderationFindings and OrderIndustrial InjuryPsyche InjurySanctionsLabor Code Section 5813Compromise and ReleaseMedical Treatment
References
6
Case No. MISSING
Regular Panel Decision

American Fur Liners Contractors Ass'n v. Lucchi

The court considered whether Civil Practice Act section 882-a typically permits framing issues for a contempt proceeding. It was determined that under ordinary circumstances, it does not. However, the appellants, having themselves objected to proceeding without framed issues, were precluded from raising an objection on that ground. The court found the framed issues sufficient to address the questions presented in the case. Consequently, the order under appeal was unanimously affirmed, with associated costs and disbursements.

contempt of courtframing issuesappellate procedurecivil practice actunanimous affirmationprocedural objectionappellate costsjudicial review
References
0
Case No. ADJ4046967
Regular
Jan 20, 2012

SANDRA VELASQUEZ vs. ALBERTSONS INC.

The Appeals Board granted reconsideration to defer the issue of temporary disability. While affirming the denial of injury to the left shoulder/psyche, the Board returned the matter for further proceedings on temporary disability. The Board noted potential jurisdictional issues regarding the five-year period for temporary disability claims. The case is remanded for a new decision from the WCJ on the deferred issue.

Workers' Compensation Appeals BoardAlbertson's Inc.Sandra VelasquezIndustrial Injury AOE/COELeft Shoulder InjuryPsyche InjuryPain DisorderFront End ManagerCashierJoint Stipulated Award
References
1
Case No. ADJ3388311 (ANA 0384909)
Regular
Nov 27, 2017

SHARON WATT LeBLANC vs. APRIA HEALTHCARE, AIG

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration of the WCJ's decision. The Board rescinded the original findings due to procedural issues, including the WCJ's failure to properly frame the issues of permanent disability and apportionment, and the lack of a clear finding on the psyche injury. The case is returned to the trial level for reframing of issues, development of the record, and a decision on all outstanding matters, including the contested temporary disability award.

Petition for ReconsiderationFindings and AwardTemporary DisabilityPermanent DisabilityMedical TreatmentQualified Medical EvaluatorOrthopedist1997 Schedule2005 ScheduleApportionment
References
0
Case No. ADJ8947837
Regular
Jun 09, 2015

JOSE JIMENEZ vs. BARRETT BUSINESS SERVICES, INC.; CORVEL

The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior award, and issued a new finding that applicant Jose Jimenez sustained industrial injury to his back, as stipulated by the parties. The Board deferred issues regarding injury to lower extremities, psyche, and internal systems, as well as maximum medical improvement (MMI) and temporary total disability indemnity. The Board noted defendant's failure to properly serve the petition for reconsideration but declined to dismiss it, issuing a strong admonishment for future compliance.

Petition for ReconsiderationFindings and AwardMaximum Medical Improvement (MMI)Temporary Total Disability (TTD) indemnityStipulationMedical Provider Network (MPN)Qualified Medical Evaluator (QME)Substantial EvidenceMedical OpinionPermanent and Stationary Date
References
0
Case No. ADJ2078638
Regular
Jun 07, 2010

Gloria Rivas vs. Posada Whittier/Berg Senior Services, Majestic Insurance Company

The applicant, Gloria Rivas, sought reconsideration of a prior Board decision that overturned a finding deferring determination on her psyche injury claim. The Board found the judge exceeded his authority by deferring the decision after the medical evidence presented was deemed not substantial. The applicant argued procedural errors related to trial scheduling, but the Board found the applicant stipulated to readiness for trial on the psyche injury issue, despite knowing her medical evidence was challenged as inadequate. Therefore, the Board denied reconsideration, reaffirming its decision to rule on the psyche injury claim based on the existing record.

Workers' Compensation Appeals BoardPetition for ReconsiderationOpinion and Order DenyingGloria RivasPosada WhittierMajestic Insurance CompanyADJ2078638LAO 0887310Opinion and Order Granting ReconsiderationDecision After Reconsideration
References
1
Case No. ADJ7662819
Regular
Apr 27, 2015

JEWELL McKEE vs. MARTEN'S TRANSPORT, LTD, ACE AMERICAN INSURANCE COMPANY

This case involves an applicant alleging industrial injuries to various body parts, including psyche, hearing, and gait disorder, following a fall. The defendant sought reconsideration of the original award, primarily challenging the findings of psyche injury and gait disorder, as well as the award of temporary disability and a permanent disability increase. The Appeals Board granted reconsideration, deferring the issues of gait disorder and all permanent disability findings due to insufficient medical evidence on gait causation and the improper piecemeal determination of permanent disability. The Board otherwise affirmed the findings of industrial injury to psyche, additional temporary disability, and ordered further medical evaluation by an AME or IME.

Workers' Compensation Appeals BoardMarten's TransportACE American InsuranceIndustrial InjuryPsyche InjuryGait DisorderPermanent DisabilityLabor Code Section 4658(d)(2)Temporary DisabilityAgreed Medical Evaluator (AME)
References
0
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