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

Case No. ADJ2294426 (MON 0193402)
Regular
Aug 09, 2019

SONA SIMONIAN vs. COUNTY OF LOS ANGELES, TRISTAR SERVICES GROUP

The Workers' Compensation Appeals Board granted a petition to disqualify Judge Yvonne Jones based on the appearance of bias. This was due to a sustained ethics complaint filed by lien claimant David Bressler, Ph.D., L.Ac., against Judge Jones concerning her conduct in this specific case. While Judge Jones asserted she could remain impartial, the Board found that a reasonable person could doubt her impartiality given the sustained ethics violation. The disqualification applies only to this case, and the matter will be reassigned.

Petition for DisqualificationWCJ JonesDavid BresslerPh.D.L.Ac.sustained ethics complaintappearance of biasWCAB Rule 10452Code of Civil Procedure Section 641due process
References
Case No. ADJ3907382 (AHM 0133851)
Regular
Aug 28, 2009

Mayekal andREW WAGNER vs. WALMART, AVIZENT BENTONVILLE

The Workers' Compensation Appeals Board dismissed the lien claimant's petition for reconsideration because it was not verified as required by law. The applicant's own petition, initially filed as a complaint against the judge, was also denied due to its lack of specificity regarding grounds and supporting evidence. The Board noted the applicant may have intended to file a judicial ethics complaint instead. Therefore, both petitions were ultimately rejected, upholding the original June 12, 2009 Findings, Award, and Orders.

Lien claimantPetition for reconsiderationVerified petitionLabor Code section 5902Judicial ethics complaintComplaint About a Workers' Compensation Administrative Law JudgeWCJFindings Award and OrdersUnlawful or unjustMaterial evidence
References
Case No. ADJ383777
Regular
Apr 04, 2011

Roxanna Ortiz vs. ONE SOURCE, ESIS

The Workers' Compensation Appeals Board denied Roxanna Ortiz's petition for reconsideration of a prior findings and order. The initial ruling determined she sustained industrial injury only to her cervical spine as a janitor, not to other body parts or any resulting temporary/permanent disability or need for further medical treatment. Ortiz argued the judge erred by favoring defense medical reports and discrediting her testimony due to minor inconsistencies in her injury description. The Board adopted the WCJ's report, emphasizing deference to credibility determinations and that admissibility of medical reports should have been challenged at trial, not on reconsideration. A dissenting opinion argued the judge overemphasized minor variations in Ortiz's account and that medical evidence did not sufficiently support denial of other injuries or further treatment.

OrtizOne SourceESISWCABFindings and OrderPetition for ReconsiderationWorkers' Compensation Administrative Law Judgeindustrial injurycervical spineright arm
References
Case No. ADJ6772563
Regular
Nov 19, 2013

SHEILA NEWTON vs. CEDARS SINAI HEALTH SYSTEM, TRISTAR RISK MANAGEMENT

The Workers' Compensation Appeals Board denied the employer's petition for reconsideration, upholding the finding that a registered nurse sustained a compensable psychiatric injury AOE/COE. The Board agreed with the Workers' Compensation Judge that the employer's conduct, specifically a meeting concerning coworker complaints and discussions of retirement, was not a lawful, nondiscriminatory, good faith personnel action. While the employer argued the meeting was a routine event based on objective complaints, the Board found the applicant's perception of age discrimination was objectively reasonable given her testimony and performance history. Therefore, the applicant's psychiatric injury claim remained compensable, entitling her to temporary and permanent disability benefits and future medical treatment.

Psychiatric injuryAOE/COElawful personnel actiongood faithobjective reasonablenessLabor Code § 3208.3(h)WCJ findingscredibilityage discriminationco-worker complaints
References
Case No. SFO 0471491
Regular
May 17, 2008

Leonard Desmuke vs. Marine Terminals Corp., Majestic Insurance Company

The Appeals Board granted removal, reversing the WCJ's denial of attorney Grimes' petition to be relieved as counsel. The Board found that Grimes had established sufficient cause due to a breakdown in the attorney-client relationship, stemming from the applicant's withdrawal from a settlement and ongoing disputes, despite the applicant's objections. The Board emphasized that the applicant's alleged unwarranted claim or discovery issues could not be substantiated without violating ethical duties of confidentiality.

Petition for RemovalPetition to Be Relieved as CounselAttorney-Client Relationship BreakdownUnwarranted ClaimEthical Duty of ConfidentialityAttorney of RecordWorkers' Compensation Appeals BoardAdministrative Law JudgeMandatory Settlement ConferenceIn Camera Hearing
References
Case No. ADJ7264915
Regular
Jul 15, 2013

ANA GONZALES vs. WAL-MART ASSOCIATES, INC., ACE AMERICAN INSURANCE

This case involves an applicant who sustained industrial psychiatric injury but whose orthopedic claims were denied due to insufficient medical evidence. The Appeals Board denied the applicant's petition for reconsideration, finding the applicant failed to present substantial medical evidence of industrial causation for her orthopedic complaints. A dissenting commissioner argued that the primary medical evaluator's report was deficient and lacked substantial evidence, warranting further development of the record on orthopedic injuries and other claims. The dissent emphasizes the Board's duty to ensure substantial justice, suggesting it should have ordered further investigation on the denied orthopedic issues.

WCABPetition for ReconsiderationFindings and Orderindustrial injurypsychelow backneckright shoulderright wristright elbow
References
Case No. ADJ1267784 (MON 0332154)
Regular
Nov 07, 2011

Uraisri Somrang vs. County of Los Angeles

This case concerns a Petition for Reconsideration filed by the Defendants challenging an increase in Applicant's permanent disability award. The Defendants argued that the Applicant's right knee subjective complaints were either subsumed by previous restrictions or not rateable. The Workers' Compensation Appeals Board denied the Petition for Reconsideration, finding that the Agreed Medical Examiner's report supported the inclusion of right knee complaints as a separate component of disability. The Board also noted the Defendant's "Corrected Petition for Reconsideration" was untimely and recommended dismissal.

Workers' Compensation Appeals BoardOrder Denying ReconsiderationPermanent DisabilityRight KneeSubjective ComplaintsAgreed Medical ExaminerRating SchedulePetition to ReopenFindings and AwardTimeliness
References
Case No. ADJ184115 (ANA 0376743) ADJ759017 (ANA 0376741)
Regular
Dec 08, 2014

JES FUHMANN vs. DENTAL ALTERNATIVE, SUPERIOR ADMINISTRATORS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the WCJ's finding of no employer violation of Labor Code §132a. The applicant claimed employer discrimination stemming from a dispute over reduced work hours and an employer's aggressive remark. The WCJ found the applicant's testimony lacked credibility due to inconsistencies and evasiveness, particularly regarding her prior Labor Board complaint. Crucially, the applicant failed to prove termination or that any adverse action was a result of her industrial injury, and evidence suggested her conduct, not her injury, was the subject of employee complaints.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeLabor Code §132aEmployer DiscriminationCredibilityPrima Facie BurdenLabor Code §5705Compromise and ReleaseIndustrial Injury
References
Case No. ADJ9348178
Regular
Jun 01, 2015

MICHAEL MCKENNA vs. CITY OF SACRAMENTO

The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration because the challenged order was not a final determination. However, the Board granted removal, rescinded the order disqualifying defense counsel, and remanded the case for further proceedings. This action was taken because the original disqualification was issued without an evidentiary record and lacked proper legal analysis under the relevant case law. The Workers' Compensation Judge must now create a record and apply established precedent, like *Kirk v. First American Title Ins. Co.*, to the disqualification issue.

Workers' Compensation Appeals BoardDisqualificationVicarious DisqualificationEthical WallFinal OrderReconsiderationRemovalWCJEvidentiary RecordConfidential Information
References
Case No. SDO 339211 SDO 339212
Regular
Jul 23, 2007

RICHARD ESPINOZA vs. SAN DIEGO GAS & ELECTRIC

This case involved a petition to disqualify a Workers' Compensation Judge based on a prior admission of bias against the applicant's law firm. The Appeals Board denied the petition, finding that the applicant failed to present evidence of present bias or the appearance of bias. The Board reasoned that the prior admission of bias had been sufficiently attenuated by time and subsequent rulings, and that future disqualifications would require specific evidence.

Workers' Compensation Appeals BoardDisqualificationWCJBiasAppearance of BiasRecusalBlanket RecusalEthics ComplaintsCourt AdministratorMandatory Settlement Conference
References
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