California Workers’ Compensation Case Law

This case is about Michelle Sampay, a security officer who sustained an industrial injury to her skin, rashes, psyche, scalp and teeth while employed from June 1, 1999 to September 12, 1999. The workers’ compensation administrative law judge (WCJ) ordered that the lien of David Silver, M.D. (LC) be bifurcated from “all petitions for sanctions, costs and penalties” and declined to enforce a subpoena for the appearance of Janice Barrera, defendant’s claims adjuster. LC filed a Petition for Removal, requesting that the Appeals Board rescind the orders, but the WCJ filed a Findings and Order Taking Matter Off Calendar; Order Appointing Independent Bill Reviewer, making the Petition for

is a case in which the Workers’ Compensation Appeals Board denied the defendant’s petition for reconsideration of an earlier decision that granted the applicant’s petition for reconsideration and rescinded the compromise and release agreement. The defendant had stipulated that the applicant had sustained an industrial injury to her psyche while employed by the defendant, and the Appeals Board found that the defendant had waived its right to challenge the stipulation by not raising the issue in a timely manner.