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

Case No. ADJ1479326 (ANA 0411799) ADJ7233578
Regular
Oct 07, 2014

JONATHAN DUONG vs. AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA, HARTFORD INSURANCE COMPANY OF THE MIDWEST

The Workers' Compensation Appeals Board overturned a WCJ's decision to exclude sub rosa surveillance video. The Board found no legal basis for excluding the video obtained in a mobile home park parking lot and a grocery store, as the applicant lacked a reasonable expectation of privacy in those public areas. The Board determined that the defendant would suffer significant prejudice from the exclusion, justifying removal of the case. Therefore, the sub rosa video was ruled admissible and may be provided to medical evaluators.

Sub rosa videoremovalreconsiderationadmissibilityinvasion of privacyreasonable expectation of privacycivil liabilityworkers' compensation fraudmedical-legal evaluatorworkers' compensation appeals board
References
Case No. ADJ9070509
Regular
Jan 05, 2018

GIHAN MOSAAD vs. WALMART STORES, INC., ACE AMERICAN INSURANCE COMPANY, YORK RISK SERVICES GROUP, INC.

This case concerns the admissibility of store surveillance video footage from the applicant's date of injury. The Workers' Compensation Appeals Board denied the applicant's Petition for Removal, an extraordinary remedy, finding no substantial prejudice or irreparable harm. The Board agreed with the Workers' Compensation Judge (WCJ) that reconsideration would be an adequate remedy if a future decision proves adverse. The WCJ determined the video was relevant to the nature, extent, and apportionment of the applicant's injury, noting it shows the applicant using a cane and stocking shelves before being removed on a stretcher. The Board concluded the applicant failed to demonstrate that removal was necessary before a final decision.

Petition for RemovalWorkers' Compensation Appeals BoardSubstantial PrejudiceIrreparable HarmReconsiderationAdmissibility of VideoStore Surveillance VideoDate of InjuryWorkers' Compensation JudgeFindings & Order
References
Case No. ADJ4481004 (LAO 0843231)
Regular
Nov 15, 2011

ARARAT SARKISIAN vs. VAHAN ENGIBARIAN DBA VAHAN'S ROYAL

The Workers' Compensation Appeals Board granted reconsideration and returned the case to the trial level. The applicant sought commutation of his award to purchase a home, arguing it would benefit his Supplemental Security Income (SSI) benefits. The WCJ denied this, believing commutation wouldn't impact SSI and that buying a home wasn't in the applicant's best interest. The Board found the record insufficient and ordered applicant's attorney to consult with a Social Security law expert to clarify the impact of commutation on SSI.

Workers' Compensation Appeals BoardPetition for ReconsiderationCommutation of AwardSocial Security Supplemental Income (SSI)Social Security Disability Insurance (SSDI)Uninsured Employers Benefits Trust Fund (UEBTF)Findings and OrderWCJBest InterestHome Ownership
References
Case No. ADJ6649578
Regular
Sep 01, 2009

KERMIT BROWN vs. SECURITAS SECURITY SERVICES, INC., BROADSPIRE BREA

The Appeals Board granted reconsideration, rescinded the original award, and returned the case to the trial level for further proceedings. This was due to due process concerns regarding the admission of applicant's medical treatment records. The WCJ improperly attempted to admit these records after the discovery deadline and without a ruling on the defendant's objection. The Board will allow further proceedings to properly address the evidence and allow the defendant to respond.

Kermit BrownSecuritas Security ServicesBroadspire BreaADJ6649578Opinion and Order Granting ReconsiderationDecision After ReconsiderationFindings and AwardWorkers' Compensation Judge (WCJ)Security GuardRight Knee Injury
References
Case No. ADJ8408754
Regular
Sep 01, 2017

DAVID WILSON (Deceased) vs. SECURITAS SECURITY SERVICES USA, INC., SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board granted reconsideration of a decision regarding deceased applicant David Wilson's permanent disability benefits. The Board found the record inadequate to determine if applicant's right hand tremors stemmed from his industrial injury. Therefore, the case is returned to the trial level for further medical development of this specific issue by Dr. Horner. The Board did not address other contentions concerning benefit termination after death or constitutional challenges at this time.

Securitas Security ServicesSedgwick Claims Management ServicesDavid Wilson (Deceased)Michele WilsonAnthony WilsonTia CarringtonPetition for ReconsiderationFindings and Award and Orderworkers' compensation administrative law judgeWCJ
References
Case No. ADJ588686 (SDO 0309857) ADJ2275487 (SDO 0311854) ADJ1079800 (SDO 0309856)
Regular
Mar 12, 2014

GRAZYNA KOZAK vs. QUIDEL CORPORATION, CNA INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the petition for reconsideration, affirming the WCJ's decision. The Board found the defense exhibits, including surveillance videos and vocational expert reports, were properly admitted. They also upheld the use of the AMA schedule for permanent disability, finding the applicant's earlier reports did not qualify for the prior rating schedule. Finally, the Board gave great weight to the WCJ's credibility findings regarding the applicant and found the opinions of some expert witnesses to be unsubstantial.

Petition for ReconsiderationWorkers' Compensation Appeals BoardWCJ credibility findingvocational expert reportssubrosa filmscustodian of recordspermanent disability rating schedulePDRSpermanent and stationary statussubstantial evidence
References
Case No. AHM 0118316 AHM 0118317 AHM 0118318
Regular
Jun 13, 2008

DOUGLAS DEES vs. SOUTH COAST PLAZA SECURITY, EVEREST NATIONAL INSURANCE COMPANY, AMERICAN SAFETY CASUALTY COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded prior findings because the WCJ failed to properly determine the date of cumulative injury and ensuing liability. The Board remanded the case for further proceedings to establish the date of injury under Labor Code section 5412 and then determine insurer liability under section 5500.5. This allows for proper joinder of parties and clarification of coverage periods, which are essential for apportioning liability in cumulative trauma cases.

Workers' Compensation Appeals BoardDouglas DeesSouth Coast Plaza SecurityEverest National Insurance CompanyAmerican Safety Casualty CompanyAHM 0118316AHM 0118317AHM 0118318reconsiderationFindings and Orders
References
Case No. ADJ4695356 (LBO 0305933)
Regular
Feb 06, 2012

ABDALLAH SKANDER vs. PINKERTON SECURITY, BROADSPIRE SERVICES

The Workers' Compensation Appeals Board denied Applicant Abdallah Skander's Petition for Removal against Pinkerton Security. The Board adopted the WCJ's report, finding removal inappropriate. Crucially, discovery had not yet closed, and the recent lien conference did not trigger mandatory discovery closure under Labor Code section 5502(e)(3). Therefore, the petition was denied.

Petition for RemovalDENYING REMOVALworkers' compensation administrative law judgeWCJdiscovery closurelien conferenceMandatory Settlement ConferenceLabor Code section 5502(e)(3)proposed new lien hearing ruleWorkers' Compensation Appeals Board
References
Case No. ADJ2272286 (LAO 0873209)
Regular
Jul 19, 2010

ENRIQUE CASTRO-AGUILAR vs. SECURITAS SECURITY SERVICES, BROADSPIRE

In this workers' compensation case, the Appeals Board granted reconsideration to determine if applicant's injuries were barred by the initial aggressor defense. The applicant, a security officer, was injured while using pepper spray and restraining a suspected shoplifter who was threatening him with a rock. The Board found that the applicant's actions, though potentially unauthorized in manner, were a good-faith attempt to prevent theft and did not constitute willful wrongdoing. Therefore, he was not the initial aggressor, and his claim for benefits is not barred.

initial aggressor defenseunauthorized mannerscope of employmentcourse of employmentaffirmative defensewillful wrongdoingintentional misconductreal present and apparent threat of bodily harmgood faith attemptprevent theft
References
Case No. ADJ9000676
Regular
Dec 09, 2016

MIGUEL VILLEGAS vs. ALL STAR SECURITY, EVEREST NATIONAL INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC.

This case involved a Petition for Reconsideration by All Star Security and its insurer, challenging a Workers' Compensation Appeals Board (WCAB) decision. The WCAB denied the petition, adopting the administrative law judge's reasoning that the lien claimant failed to file within the amended 18-month statute of limitations under Labor Code section 4903.5(a). The Board found that applying this shortened period was proper as the claimant had a reasonable time to file after the amendment's effective date. This decision aligns with prior WCAB panel decisions regarding the retroactive application of shortened limitations periods in workers' compensation cases.

Petition for ReconsiderationWorkers' Compensation Appeals BoardMiguel VillegasAll Star SecurityEverest National Insurance CompanyGallagher Bassett ServicesInc.WCJ reportKindelberger v. City of Los AngelesGuerrero v. Easy Staffing
References
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