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En banc decisions | Significant panel decisions | Cases pending on appellate grants | Disclaimer
| Valdez, E | B237147 | ADJ7048296 | writ issued 3/19/12 |
-- Whether Board’s en banc decision re: inadmissibility of non-medical provider network (mpn) medical reports is contrary to Labor Code sections 4605, 5703(a) & 4616.6, and denies 14th amendment right to determine and control medical treatment at party’s own expense; whether Labor Code section 4616.6 is limited to cases where there has been an independent medical review under Section 4614.4.
| Velasquez, G | B236608 | ADJ1988208, ADJ6759922, ADJ721289, ADJ820025 | writ issued 3/15/12 |
-- Retroactive VRMA; whether an appeal of a Rehabilitation Unit decision within 20 days per Labor Code Section 4645, without the filing of a Declaration of Readiness to Proceed (DOR), is timely; whether WCAB Rule 10955 impermissibly imposes on Section 4645 by requiring the filing of a DOR.
| Fletcher, E | C069906 | ADJ2249081 | writ issued 2/16/12 |
-- Whether applicant may treat with former primary treating physician (PTP), Dr. Malik, where DWC ordered a change of physicians due to Dr. Malik’s failure to comply with reporting requirements; whether applicant is entitled to reimbursement for Dr. Malik’s treatment after May 2010; whether reports of current PTP, Dr. Wasserman, should be sent to any new treater; whether Dr. Wasserman should rename PTP until new PTP properly established.
| Westerman, R | B235468 | ADJ6970415 | writ issued 1/18/12 |
-- Whether applicant’s stroke while working at home after 36-hour shift arose out of and occurred in course of employment.
| Hart, M | C069347 | ADJ4234206 | writ issued 12/8/11 |
-- Whether it was properly found that applicant was not entitled to TD for his neck more than 5 years after the original injury to his shoulders.
| Rivas, R | B233168 | ADJ2596770/LAO 0858306 | writ issued 12/7/11 |
-- Whether defendant was properly ordered to issue applicant a second check re C&R proceeds ($17K) when first check sent to incorrect address—but the address listed in the C&R by applicant’s attorney—and unlawfully converted by an unknown third party.
| Garcia, R | B235258 | ADJ7412203 | writ issued 10/14/11 |
-- Whether the WCAB, in a 2-1 decision, properly affirmed the WCJ’s determination that the applicant’s injury was caused by a “sudden and extraordinary event” (Lab. Code, § 3208.3(d)). Applicant, an avocado picker, was injured when he fell off a ladder.
| De Courcey, Jr., R | E054153 | ADJ7304028 | writ issued 9/28/11 |
-- Injury AOE/COE, i.e., whether the “special mission” exception to the “going and coming rule” was properly found.
| Brooks, M | C067739 | ADJ1898181/SAC 0367383 | writ issued 6/23/11 |
-- Whether the WCAB, in a 2-1 decision, properly affirmed the determination of the WCJ that defendant did not establish a good faith personnel action under Lab. Code § 3208.3(h) because only 33 1/3% (not 35%) of applicant’s psychiatric injury was caused by an internal affairs investigation.
| McCoy, J | E053173 | ADJ4452274/RIV 0073355 | review granted 5/18/11; writ issued 6/3/11 |
-- Following the summary denial by the 4th Appellate District, Div. 2, the CA Supreme Ct (S191946) granted the defendant’s petition for review and transferred the matter back to the appellate court to determine whether the WCAB properly reversed the WCJ to find that the applicant’s migraine headaches do not fall within the definition of psychiatric injury under Labor Code section 3208.3(a), and thus, the good faith personnel action defense of section 3208.3(h) did not apply.
| Lockwood, B | C067528 | ADJ1323538/SAC 367325 | writ issued 4/21/11 |
-- Whether the WCAB properly reversed the WCJ to find serious and willful misconduct on the part of the employer.
| Hillman, CR | C067171 | ADJ6530698 | writ issued 3/11/11 |
-- S/L (Labor Code section 5407) re S&W claim of decedent’s widow and dependent grandson.
| Najjar, S | C065944 | ADJ4255212 | writ issued 10/15/10 |
-- Whether the WCAB properly reversed the WCJ to find that the payment of $64.71 to attend a medical exam, pursuant to Labor Code section 4600(e)(1), did not constitute TD, so as to trigger the 104-week limitation of section 4656(c)(1).
| Larkin, J | C065891 | ADJ7191871 | writ issued 10/15/10 |
-- Alleged error in determining that Labor Code section 4458.2, which provides for maximum TD and PD for “an active peace officer of any department as described in Section 3362,” applied only to volunteer police officers and not regular, full-time salaried police officers, like petitioner.