California Workers’ Compensation Case Law

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RONALD JOHNSON vs. RUAN TRANSPORTATION; ACE AMERICAN INSURANCE COMPANY

In this case, Ronald Johnson is seeking reconsideration of a decision filed on May 22, 2014. The Workers’ Compensation Appeals Board has granted the petition for reconsideration in order to allow sufficient opportunity to further study the factual and legal issues in the case. All further correspondence, objections, motions, requests and communications must be filed in writing with the Office of the Commissioners of the Workers’ Compensation Appeals Board.

Lynn Mott vs. Uci Medical Center, Sedgwick Cms

In this case, Lynn Mott sought reconsideration of an order denying her attorney fees pursuant to Labor Code section 5710(b)(4). The Workers’ Compensation Appeals Board granted the petition for reconsideration and returned the matter to the trial level for further proceedings. The Board noted that the petitioner must show that the non-attorney representative was adequately supervised by an identified attorney and full disclosure occurred on the record and to the injured worker. The Board further noted that California Code of Regulations, title 8, section 10773 states that law firm employees not holding current active membership in the State Bar may appear on behalf of the law firm if the client has been fully informed of the involvement of the law firm employee and that the person is not a

Anthony Soler vs. Meadowbrook Dairy; Zenith Insurance Company

In this case, Anthony Soler, an employee of Meadowbrook Dairy, filed a petition for removal with the Workers’ Compensation Appeals Board of California, claiming that he had sustained industrial injury to his head, cervical spine, thoracic spine, lumbar spine, both shoulders, both arms, both elbows, both wrists, both hands and fingers, both legs, both knees, both ankles, both eyes, left ear, nervous system, internal system and in the form of sleep disorder. The defendant objected to the petition on the grounds that discovery was ongoing. The Workers’ Compensation Appeals Board denied the petition for removal, stating that the brief delay in setting the case for trial had not caused the applicant significant prejudice or irreparable harm.

Guadalupe Benavides vs. Salinas Valley Memorial hospital; Permissibly Self-insured, Administered By Acclamation Insurance Management Services

SUMMARY: In this case, the defendant sought reconsideration of a workers’ compensation administrative law judge’s (WCJ) Findings and Award of April 13, 2010, wherein it was found that, while employed as a maintenance worker/custodian on November 22, 2006, applicant sustained admitted industrial injury to the right knee, causing permanent disability of 19%. The defendant argued that the WCJ should have found 75% of the applicant’s permanent disability apportionable to nonindustrial factors. The Appeals Board granted reconsideration, rescinded the Findings and Award of April 13, 2010, and returned the matter to the trial level so that the WCJ may issue a final decision incorporating the opinion of the

Alesia Butler vs. Azimuth Technologies/american Home Assurance Company, Administered By Chartis Claims, Inc.

In this case, Alesia Butler sought reconsideration of an Opinion and Order Dismissing Removal, Granting Reconsideration and Decision After Reconsideration issued on April 23, 2010. The WCJ had rescinded the July 5, 2007 Order of Dismissal, but the Appeals Board found that the WCJ’s January 27, 2010 decision was void ab initio and that Butler could not proceed with her petition to reopen filed more than five years after the date of injury. The Appeals Board denied Butler’s petition for reconsideration, noting that she had failed to timely seek reconsideration after her case was dismissed and that she had failed to notify the WCAB of any address change.

Kimberly Landi vs. Antelope Valley Hospital; Intercare Insurance Services,

This case involves a dispute between Kimberly Landi, an applicant, and Antelope Valley Hospital and Intercare Insurance Services, the defendant. The Workers’ Compensation Appeals Board granted the defendant’s petition for reconsideration and rescinded the April 13, 2010 Findings and Award issued by a workers’ compensation administrative law judge (WCJ). The WCJ had found that the applicant sustained industrial injury to her back, left knee, lower extremities, neurologic system and psyche while employed on March 19, 2001 as a registered nurse. The WCJ further found that applicant’s injury caused permanent total disability (100 percent) and a need for further medical treatment. The Appeals Board granted reconsideration due to the WCJ’s failure to provide sufficient explanation in the

Patrick C. O’brien vs. Warden’s Auto Repair ; State Compenst

(SAC 0332621) is a case in which Patrick C. O’Brien, an applicant, sought reconsideration of the April 13, 2010 Findings and Award of the workers’ compensation administrative law judge (WCJ) who denied his petition for commutation of the pension due him pursuant to the earlier July 23, 2009 stipulated award that issued as a result of the admitted industrial injury to his neck, back, upper extremities, abdomen, psyche, groin (hernia) and hemorrhoids while employed by Warden’s Auto Repair as a mechanic on December 26, 2002. The Appeals Board granted reconsideration and rescinded the denial of applicant’s petition for commutation and granted full commutation of the life pension due to applicant’s

Michael Leboy, vs. Praxair, Inc.; Old Republic Insurance Company, Administered By Broadspire,

is a case in which Michael Leboy is appealing a decision made by the Workers’ Compensation Appeals Board. The Board denied the Petition for Reconsideration, citing a clerical error in the report and citing the case of Acme Steel v. Workers’ Comp. Appeals Bd. (Borman) (2013) 218 Cal.App.4th 1137 [78 Cal.Comp.Cases 751]. The Board ordered that the Petition for Reconsideration be denied.

Arnold Sayles, vs. Marian Regional Medical Center, Administered By Sedgewick Cms,

is a case in which Arnold Sayles, the applicant, sought removal via two separate Petitions for Removal in response to two actions taken by the workers’ compensation administrative law judge (WCJ). The first Petition for Removal was in response to the WCJ’s Order Denying Petition for Change of Venue, and the second Petition for Removal was in response to the WCJ closing discovery at the September 26, 2016 Mandatory Settlement Conference (MSC). The Workers’ Compensation Appeals Board dismissed the first Petition for Removal as moot and denied the second Petition for Removal, finding that the applicant had not demonstrated that substantial prejudice or irreparable harm would result if removal was not granted and that reconsideration would not be an adequate remedy if a final decision adverse to the

Jose Carrillo vs. Santa Barbara Farms, Llc, And Arch Insurance Company, Adjusted By Lwp Claims Solutions

In this case, the Workers’ Compensation Appeals Board dismissed the lien claimants’ petition for reconsideration as it was untimely. The decision was served by mail on December 24, 2010, and the petition was filed on January 24, 2011. The Board also admonished the lien claimants’ representatives for leaving the lien trial, in progress, at the lunch break and not returning.

Fernando Sosa vs. Rigoberto Uriarte Dba Rigo’s Plastering; Uninsured Employers Fund

This case involves an appeal by Rigoberto Uriarte dba Rigo’s Plastering to the Workers’ Compensation Appeals Board to reconsider a decision that found that Fernando Sosa sustained an industrial injury while employed by Rigoberto Uriarte dba Rigo’s Plastering. The Workers’ Compensation Appeals Board dismissed the appeal due to the lack of specific references to the record and to the principles of law involved in the petition for reconsideration.

RAFAEL TELLEZ vs. FIESTA MEXICAN MARKET, LLP; SPRINGFIELD INSURANCE COMPANY

In this case, Rafael Tellez was injured while working as a baker for Fiesta Mexican Market, LLP. He received a lump sum payment of $50,000 for his injuries. A third-party lien claimant, California Physician’s Network, sought to recover $104,578.90 for transportation services it claimed to provide Tellez in taking him to and from appointments with his physicians. The workers’ compensation administrative law judge allowed the lien of CPN, in the amount of $24,920.00, along with interest and penalties. The defendants sought reconsideration of the decision, arguing that the lien claimant did not meet its burden of proving that the transportation it provided was reasonable medical treatment, that the claimed transportation was outside of

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