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

Case No. ADJ7271033
Regular
Jan 25, 2017

JENNIFER LAWSON vs. GLEN IVY DAY SPA, COMPWEST INSURANCE COMPANY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Workers' Compensation Appeals Board (WCAB) is considering rescinding an order that dismissed lien claimant Proex Diagnostics' lien for failure to pay a \$100 activation fee. Proex argues they had until December 31, 2015, to pay the fee based on a federal court order and DWC guidance. The WCAB's notice indicates they intend to rescind the dismissal if the fee is paid within ten days of the notice. If rescinded, the lien claim will return to the trial level for further proceedings.

Proex DiagnosticsGlen Ivy Day SpaCompWest Insurance CompanyBerkshire Hathaway Homestate CompaniesLien Activation FeeLabor Code Section 4903.06Workers' Compensation Appeals BoardWCJReconsiderationCompromise and Release
References
1
Case No. ADJ3366737 (MON 0317061)
Regular
Aug 11, 2015

LOUIS ROSADO vs. AMERICAN AIRLINES, SPECIALTY RISK SERVICES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded an administrative law judge's (WCJ) order dismissing a lien claim. The lien claimant asserted it was never served with a Notice of Intention to Dismiss (NIT) and thus denied due process. The WCAB found no proof of service for the NIT in the record, agreeing that the lien claimant was denied proper notice and an opportunity to be heard. Consequently, the matter was returned to the WCJ to allow the lien claimant statutory time to respond to the NIT.

Petition for ReconsiderationOrder of DismissalLien ConferenceNotice of Intention to DismissDue ProcessProof of ServiceWCJWorkers' Compensation Appeals BoardLien ClaimantWCAB Rule 10562
References
6
Case No. ADJ8339009
Regular
Jan 08, 2016

WINSTON ROCKEFELLER (Dec'd), SUZANNA ROCKEFELLER (Dependent), ERIKA OSWALD (Dependent) vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS NORTHERN TRANSPORTATION HUBQ-ADMINISTRATION; legally uninsured; administered by STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board intends to rescind its prior order granting reconsideration and dismiss the applicant's petition as moot. This action is prompted by the defendant's assertion that a new Panel Qualified Medical Examiner has been appointed and has issued reports, rendering the original dispute regarding the disqualification of the previous PQME moot. The Board will proceed with rescinding and dismissing unless the applicant demonstrates good cause why the issue remains live. No decision on the merits of the original petition has been made.

WCABPetition for ReconsiderationFindings and OrderPanel Qualified Medical ExaminerPQMERule 41.5(d)(2)(A)disqualifying conflict of interestmoot issueNotice of Moot IssueOpinion and Order Granting Reconsideration
References
0
Case No. ADJ8 156794
Regular
Jan 12, 2017

NURY PEREZ vs. BLUE RIVER DENIM, THE HARTFORD

The Workers' Compensation Appeals Board (WCAB) is considering rescinding an order that dismissed a lien claim due to a failure to pay a $100 lien activation fee. The lien claimant, Premier Psychological Services (PPS), claims computer issues prevented timely payment. While the WCJ recommended denial of reconsideration, the WCAB may rescind the dismissal if PPS pays the activation fee within ten days of this notice. If paid, the lien claim will be returned to the trial level for further proceedings.

Lien activation feeLabor Code section 4903.06WCABadministrative law judgereconsiderationrescissiondismissallien conferenceCompromise and Releaseindustrial injury
References
1
Case No. ADJ1035201
Regular
Oct 04, 2016

VICTOR DURAN vs. DONUT INN, STATE FARM INSURANCE COMPANY

The Appeals Board is considering rescinding an order that dismissed Metro Med Shockwave's lien claim for failure to pay a $\$100$ lien activation fee. The WCJ dismissed the lien because the fee was not paid before the lien conference, citing prior precedent. However, the lien claimant argues they had until December 31, 2015, to pay the fee based on a DWC Newsline article referencing a court order. The Board intends to rescind the dismissal if the fee is paid within ten days, allowing further proceedings on the lien claim.

Labor Code section 4903.06Lien activation feeWorkers' Compensation Appeals BoardMetro Med ShockwaveFigueroa v. B.C Doering Co.Angelotti Chiropractic v. BakerPreliminary injunctionDWC NewslineReconsiderationRescind order
References
2
Case No. ADJ7781989; ADJ8262771
Regular
Oct 03, 2013

MIRIAN GARCIA vs. COOPER COLD FOODS, INC., ILLINOIS MIDWEST INSURANCE AGENCY as administrator for STAR INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) is granting reconsideration of its own prior decision and rescinding a July 23, 2013 decision that had overturned a prior finding of 2% permanent disability for applicant's right knee injury. The WCAB determined that its August 9, 2012 order granting reconsideration was improvidently granted because the applicant had already filed a successive and improper petition for reconsideration. Consequently, the prior order and the subsequent rescinded decision are vacated, and the applicant's petition for reconsideration is dismissed.

WCABReconsiderationPetition for ReconsiderationFindings and AwardAdministrative Law JudgePermanent DisabilityIndustrial InjurySuccessive PetitionImprovidently GrantedVacated
References
4
Case No. MISSING
Regular Panel Decision
Feb 06, 2014

Claim of Kettavong v. Livingston County SNF

The Workers’ Compensation Board (WCB) rescinded the transfer of liability from the employer to the Special Fund for Reopened Cases, finding that the claimant's case was not truly closed when the transfer was initially requested. This was due to an unresolved issue of permanent disability, which an independent medical examination report in 2005 had raised. The employer and its workers’ compensation carrier appealed the WCB's decision. The Appellate Division affirmed the WCB's determination, concluding that substantial evidence supported the finding that the case was not closed. The Court also upheld the WCB's authority to rescind prior findings despite the lack of a timely appeal.

Workers' Compensation Law § 25-aSpecial Fund for Reopened CasesTransfer of LiabilityCase ClosingPermanent Partial DisabilityReduced EarningsIndependent Medical ExaminationMaximum Medical ImprovementSubstantial EvidenceBoard Discretion
References
10
Case No. ADJ7654044
Regular
Oct 14, 2011

Freda Payne vs. Rock Creek/Res Care, Specialty Risk La Habra

The Workers' Compensation Appeals Board granted Freda Payne's petition for reconsideration, rescinding the prior dismissal of her case. The dismissal was based on failure to prosecute, specifically missing two depositions and not responding to a Notice of Intention to Dismiss (NIT). The Board found that Payne's attorney filed a timely objection to the NIT, which, along with ongoing settlement discussions and the sparse record, warranted further proceedings. Therefore, the case was returned to the WCJ for further action.

Workers Compensation Appeals BoardPetition for ReconsiderationOrder of DismissalFailure to ProsecuteNotice of Intention to DismissCumulative Trauma InjuryNervous System-PsycheCirculatory SystemHead InjuryDeposition Failure
References
0
Case No. ADJ7073544
Regular
Sep 06, 2016

OMAR NUNEZ vs. PETROCHEM INSULATION, INC., AIG CLAIMS

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded the prior dismissal of Omar Nunez's case. The WCAB found that the dismissal for failure to appear at trial violated Nunez's due process rights because no specific Notice of Intention to Dismiss (NIT) was issued for his non-appearance. The prior NIT addressed failure to prosecute, not failure to appear, thus depriving Nunez of an opportunity to object. The case was returned to the trial level for further proceedings.

Petition for ReconsiderationNotice of Intention to DismissFailure to AppearDue ProcessWCAB RulesDismissal Without PrejudiceFailure to ProsecuteViolation of RulesRescind OrderReturn to Trial Level
References
0
Case No. ADJ9351459
Regular
Sep 16, 2014

Nicholas Sanchez vs. Russell Hinton Company, Seabright Insurance Company

The Workers' Compensation Appeals Board (WCAB) reconsidered an order sanctioning Seabright Insurance Company for failing to respond to a Notice of Intention (NIT) to impose sanctions. Seabright contended it had indeed responded to the NIT and filed required documents, which the WCAB found had been attempted. The WCAB rescinded the sanction order, deeming the prior finding of non-response inaccurate. The matter was returned to the trial level for a new determination on whether Seabright acted with reasonable justification before imposing any sanctions.

WCABReconsiderationSanctionsNotice of IntentionOrder Suspending ActionLabor Code Section 5813Appeals Board Rule 10561Petition for ReconsiderationBad Faith ActionsFrivolous Tactics
References
1
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