Parties and Attorneys
Stevens v. Workers' Compensation Appeals Board
Division 1
Division 1
Case Number A143043
| Party | Attorney |
|---|---|
| Frances Stevens : Petitioner | Joseph C. Waxman Law Offices of Joseph C. Waxman 220 Montgomery Street, Suite 905 San Francisco, CA 94104 |
| Workers' Compensation Appeals Board : Respondent P.O. Box 429459 San Francisco, CA 94142-9459 | |
| Outspoken Enterprises/State Compensation Insurance Fund : Respondent | David M. Goi State Compensation Insurance Fund 5880 Owens Drive Pleasanton, CA 94588 William LeRoy Anderson State Compensation Insurance Fund 2275 Gateway Oaks Dr Ste 200 Sacramento, CA 95833 |
| Administrative Director Division of Wokers' Compensation : Respondent | Yvonne Marie Hauscarriague 1515 Clay Street, 18th Floor Oakland, CA 94612 Christopher Gary Jagard Dept of Industrial Relations Office of the Director, Legal 1515 Clay St Ste 701 Oakland, CA 94612 |
| California Applicants' Attorneys Association : Amicus curiae for petitioner | Joseph V. Capurro The Law Office of Joseph V. Capurro 300 S. First Street, Suite 245 San Jose, CA 95113 |
| California Workers' Compensation Institute & Property and Casualty Insurers Association of America : Amicus curiae for respondent | Michael A. Marks Law Ofcs Allweiss & McMurtry 18321 Ventura Blvd. Ste. 500 Tarzana, CA 91356 |
| California Chamber of Commerce : Amicus curiae for respondent | Theodore Allan Penny Haight Brown & Bonesteel LLP 555 S Flower St 45th Fl Los Angeles, CA 90071 |
| Voters Injured at Work : Amicus curiae for petitioner | Charles Edward Clark Law Office of Charles E. Clark 225 S Lake Ave Ste 300 Pasadena, CA 91101 Charles Reinhardt Rondeau The Rondeau Law Firm 879 West 190th Street, Suite 400 Gardena, CA 90248 |
| Sonoma County Law Enforcement Association : Amicus curiae for petitioner | David Philip Mastagni Mastagni Holstedt 1912 I St Sacramento, CA 95811 |
Case Summary
Trial Court Case:
ADJ1526353
Court of Appeal Case:
A143043
Supreme Court Case:
S230996
Caution: For information on when opinions may be cited or relied upon, click here .
Division:
1
Case Caption:
Stevens v. Workers' Compensation Appeals Board
Case Type:
CV
Filing Date:
09/22/2014
Completion Date:
02/19/2016
Oral Argument Date/Time:
09/30/2015 09:00 AM
Docket (Register of Actions)
Stevens v. Workers' Compensation Appeals Board
Division 1
Division 1
Case Number A143043
| Date | Description | Notes |
|---|---|---|
| 09/22/2014 | Petition for a writ of review filed (WCAB). | |
| 09/22/2014 | Exhibits lodged. | |
| 09/22/2014 | Filed proof of service. | |
| 09/22/2014 | Letter sent to: | WCAB/parties re petition filed, answer due in 25 days and reply due 15 days thereafter. |
| 10/01/2014 | Mail returned and re-sent. | Copy of the letter dated 9/22/14 to David M. Goi |
| 10/07/2014 | Requested - extension of time. | Answer to petition filed by:. Requested for 11/03/2014 By 17 Day(s) by The Acting Administrative Director & Div. of Workers' Comp. |
| 10/07/2014 | Granted - extension of time. | Answer to petition filed by:. Due on 11/03/2014 By 17 Day(s) by The Acting Administrative Director & Div. of Workers' Comp. |
| 10/08/2014 | Filed letter from W.C.A.B. waiving answer. | |
| 10/08/2014 | Mail returned and re-sent. | copy of the letter dated 9/22/14 to David M. Goi |
| 10/10/2014 | Requested - extension of time. | Answer to petition filed by:. Requested for 11/03/2014 By 17 Day(s) by Outspoken Enterprises and SCIF req. EOT to 11/3/14 |
| 10/10/2014 | Granted - extension of time. | Answer to petition filed by:. Due on 11/03/2014 By 17 Day(s) |
| 11/03/2014 | Exhibits lodged. | State Compensation Insurance Fund's Appendix of Exhibits to Answer to Petition for Review |
| 11/03/2014 | Exhibits lodged. | Exhibits in support of answer by Outspoke Enterprises and SCIF. |
| 11/03/2014 | Answer to petition filed by: | by Outspoken Enterprises and SCIF |
| 11/03/2014 | Answer to petition filed by: | Respondent Administrative Director Division of Wokers' Compensation |
| 11/07/2014 | Exhibits lodged. | Amended Petitioner's Exhibits 1-16 |
| 11/12/2014 | Requested - extension of time. | Reply filed to:. Requested for 11/21/2014 By 3 Day(s) Petitioner's request for EOT to file reply to 11/21/14 |
| 11/13/2014 | Granted - extension of time. | Reply filed to:. Due on 11/21/2014 By 3 Day(s) |
| 11/21/2014 | Reply filed to: | Answer |
| 11/21/2014 | Request for judicial notice filed. | Petitioner |
| 11/25/2014 | Application to file amicus curiae brief filed by: | Application of California Applicants' Attorneys Association to file amicus curiae brief and amicus curiae brief in support of petitioner, Frances Stevens |
| 12/02/2014 | Application to file amicus curiae brief filed by: | by California Workers' Compensation Institute & Property and Casualty Insureres Association of America |
| 12/03/2014 | Issued order to show cause. | BY THE COURT: The petition for a writ of review is granted. The matter will be heard before Division One of this court. The clerk of this court need not issue a formal writ in this proceeding. Unless a party serves and files an objection in writing on or before December 12, 2014, the exhibits submitted by the parties will be considered the record under review and the Board need not file a return to the writ. However, if one or more of the parties objects to this procedure, and such objection is timely filed and served, this court will proceed to set a date for the Board to certify and return the record of the proceedings below for further review by the court. Before reaching a decision, the justices will have fully considered the record and the briefs. Accordingly, the parties should not use oral argument to repeat points made in the briefs. But if oral argument is requested, the request must be filed electronically on or before December 15, 2014, using the "Request for Oral Argument" form at http://www.courts.ca.gov/9261.htm under "Electronic Filing/Submissions." If no such request is timely submitted, oral argument will be deemed waived. If any party files a timely request for oral argument, the matter will be heard before Division One of this Court in its courtroom on the Fourth Floor of the Earl Warren State Building at 350 McAllister Street, San Francisco, California, at a time and date to be determined. Before Humes, P.J., Margulies, J., and Dondero, J. |
| 12/04/2014 | Order granting motion to file amicus curiae brief. | BY THE COURT: An order to show cause having issued in this case on December 3, 2014, the applications of California Workers' Compensation Institute and Property Casualty Insurers Association of America and California Applicants' Attorneys Association for leave to file an amicus curiae brief are granted. The amicus curiae briefs submitted with the applications shall be filed forthwith. Any party may file a response to the amicus curiae briefs, if any, by December 15, 2014. |
| 12/04/2014 | Amicus curiae brief filed by: | Amicus curiae for respondent: California Workers' Compensation Institute & Property and Casualty Insurers Association of America |
| 12/04/2014 | Amicus curiae brief filed by: | Amicus curiae for petitioner: California Applicants' Attorneys Association Attorney: Joseph V. Capurro NOTE: Brief attached to the application |
| 12/09/2014 | Request for oral argument filed by: | Joseph Waxman for petitioner. |
| 12/09/2014 | Filed proof of service. | Amended POS for request for oral argument. |
| 12/05/2014 | Application to file amicus curiae brief filed by: | Application of California Chamber of Commerce for leave to file Amicus Curiae brief in support of respondents |
| 12/05/2014 | Request for judicial notice filed. | California Chamber of Commerce |
| 12/10/2014 | Order filed. | BY THE COURT: An order to show cause having issued in this case on December 3, 2014, the application of California Chamber of Commerce for leave to file an amicus curiae brief in support of respondents is granted. The amicus curiae brief submitted with the application shall be filed forthwith. Any party may file a response to the amicus curiae brief, if any, by December 22, 2014. Also, California Chamber of Commerce's request for judicial notice of Senate Bill 863 is granted. |
| 12/10/2014 | Amicus curiae brief filed by: | Amicus curiae for respondent: California Chamber of Commerce Attorney: Theodore Allan Penny |
| 12/15/2014 | Note: | No opposition filed on 12/12/14 per order 12/3/14 |
| 12/15/2014 | Response filed to: | Petitioner's response to amicus curiae brief of California Workers' Compensation Institute and Property Casualty Insureres Association of America in support of petitioner's writ of review |
| 12/15/2014 | Response filed to: | Respondents Outspoken Enterprises and State Compensation Insurance Fund's response to the amicus curiae brief of the California Applicants' Attorneys Association |
| 12/22/2014 | Response filed to: | Petitioner's response to amicus curiae brief of the California Chamber of Commerce in support of petitioner's writ of review |
| 01/08/2015 | Filed document entitled: | notice of unavailability by petitioner's counsel> I will be out of the State beginning 2/2/15 until 2/17/15. |
| 01/13/2015 | Application to file amicus curiae brief filed by: | by Charles E. Clark on behalf of Voters Injured at Work |
| 01/13/2015 | Order granting motion to file amicus curiae brief. | BY THE COURT: The application to file amicus brief filed by Charles E. Clark on behalf of Voters Injured at Work is hereby granted. The combined application and amicus curiae brief shall be filed forthwith. Any party may file a response to the amicus curiae brief, if any, by January 26, 2015. |
| 01/13/2015 | Amicus curiae brief filed by: | Amicus curiae for petitioner: Voters Injured at Work Attorney: Charles Edward Clark Brief attached to application |
| 01/23/2015 | Requested - extension of time. | Response to amicus curiae brief filed by:. Requested for 02/13/2015 By 18 Day(s) |
| 01/26/2015 | Granted - extension of time. | Response to amicus curiae brief filed by:. Due on 02/13/2015 By 18 Day(s) |
| 01/26/2015 | Order filed. | Under Article XIV, section 4 of the California Constitution, the Legislature "is [] expressly vested with plenary power, unlimited by any provision of this Constitution, to create, and enforce a complete system of workers' compensation, by appropriate legislation. . . ." (Cal. Const., art. XIV, § 4 [italics added].) Meanwhile, Article III, section 3 of the California Constitution, governing Separation of Powers, provides: "The powers of state government are legislative, executive, and judicial. Persons charged with the exercise of one power may not exercise either of the others except as permitted by this Constitution." (Cal. Const., art. III, § 3 [italics added].) And Article I, section 7 of the California Constitution provides: "A person may not be deprived of life, liberty or property without due process of law&." ((Cal. Const., art. I, § 7(a).) With these sections of the California Constitution in mind, the Court invites simultaneous supplemental briefing from the parties and amicus curiae on the following issues: 1. Is the plenary power to enact workers compensation statutes vested in the Legislature by the California Constitution limited by the Separation of Powers Clause of the California Constitution? 2. Does the plenary power to enact workers compensation statutes vested in the Legislature by the California Constitution effect our analysis in evaluating petitioner's claims under the California Constitution's Due Process Clause? Supplemental briefs filed in response to this request must be confined to the questions presented, no longer than ten (10) pages in length (in double spaced, 13 point Times New Roman type or its equivalent), and filed on or before February 23, 2015. |
| 01/26/2015 | Response to amicus curiae brief filed by: | Respondent: Outspoken Enterprises/State Compensation Insurance Fund Attorney: William LeRoy Anderson the amicus brief by Voters Injured at Work |
| 02/02/2015 | Requested - extension of time. | Response to amicus curiae brief filed by:. Requested for 02/20/2015 By 7 Day(s) 7 days to 2/20/15 |
| 02/03/2015 | Granted - extension of time. | Response to amicus curiae brief filed by:. Due on 02/20/2015 By 7 Day(s) |
| 02/03/2015 | Stipulation filed to: | Stipulation for extension of time to 3/9/15 within which all parties, including Amicus are to file supplemental briefs |
| 02/03/2015 | Order filed. | BY THE COURT: Petitioner has submitted "Stipulated Request for Extension," requesting on behalf of all parties that the time to file simultaneous supplemental briefs be extended from February 23, 2015 to March 9, 2015. Petitioner avers no party objects to the requested extension of time. For good cause shown, the request for extension of time is granted. The parties shall file simultaneous supplemental briefs on or before March 9, 2015. |
| 02/13/2015 | Application to file amicus curiae brief filed by: | Application to file amicus curiae brief and amicus curiae brief on behalf of Sonoma County Law Enforcement Association |
| 02/20/2015 | Association of attorneys filed for: | Respondent Acting Administrative Director of the Division of Workers' Compensation> Please take notice that Respondent, Acting Administrative Director of the Division of Worker's Compensation ("DWC"), is represented in the above-captioned action by attorneys of the Office of the Director of Industrial Relations, Legal Unit ("OD Legal"). The OD Legal attorneys assigned to represent DWC in this matter are : Christopher Jagard and Kim E. Card OD Legal 1515 Clay Street, Ste. 701 Oakland, CA 94612 Tel: (510) 286-3800 Fax: (510) 286-1220 |
| 02/20/2015 | Response to amicus curiae brief filed by: | Respondent: Administrative Director Division of Wokers' Compensation Attorney: Yvonne Marie Hauscarriague the amicus brief by Voters Injured at Work |
| 02/23/2015 | Supplemental brief filed by: | Amicus curiae for petitioner: Voters Injured at Work Attorney: Charles Edward Clark |
| 02/24/2015 | Order filed. | The application to file amicus brief submitted by Sonoma County Law Enforcement Association is hereby granted. The combined application and amicus curiae brief shall be filed forthwith. Any party may file a response to the amicus curiae brief, if any, by March 6, 2015.A/C Brief attached to application filed 2/13/15. |
| 03/02/2015 | Filed letter from: | from WCAB> Section 3.5 of article III of the California Constitution withholds from administrative agencies the power to determine the constitutional validity of any statue. (Greener v. Workers' Comp. Appeals Bd. (1993) 6 Cal.4th 1028, 1028.) Consistent with this prohibition, respondent Workers' Compensation Appeals Board declines the Court's invitation to address the constitutional questions set forth in its letter dated January 26, 2015. |
| 03/06/2015 | Supplemental brief filed by: | Amicus curiae for respondent: California Chamber of Commerce Attorney: Theodore Allan Penny |
| 03/06/2015 | Response filed to: | of State Compensation Insurance Fund to the Amicus Curiae Brief of Sonoma County Law Enforcement Association |
| 03/09/2015 | Supplemental brief filed by: | Amicus curiae for respondent: California Workers' Compensation Institute & Property and Casualty Insurers Association of America Attorney: Michael A. Marks |
| 03/09/2015 | Supplemental brief filed by: | Amicus curiae for petitioner: California Applicants' Attorneys Association Attorney: Joseph V. Capurro |
| 03/09/2015 | Supplemental brief filed by: | Petitioner: Frances Stevens Attorney: Joseph C. Waxman |
| 03/09/2015 | Supplemental brief filed by: | Respondent: Administrative Director Division of Wokers' Compensation Attorney: Yvonne Marie Hauscarriague |
| 03/09/2015 | Filed proof of service. | Service of the Amicus Curiae Supplemental Brief of California Workers' Compensation Institute and Property & Casualty Insureres Association of America. |
| 03/09/2015 | Supplemental brief filed by: | Respondent: Outspoken Enterprises/State Compensation Insurance Fund Attorney: William LeRoy Anderson |
| 05/20/2015 | Filed document entitled: | Notice of unavailability of counsel for petitioner from 8/3/15 - 9/8/15. |
| 06/02/2015 | Calendar notice sent. Calendar date: | WEDNESDAY, SEPTEMBER 30, 2015, AT 9:00 AM. |
| 06/18/2015 | Filed additional cites for oral argument. | by counsel for petitioner. |
| 07/13/2015 | Request filed to: | by Joseph C. Waxman> letter requests the court take RJN of the Chronic Pain Medical Treatment Guidelines and permission to allow petitioner to share OA time with Amicus California Applicants' Attorney Association Counsel, Joseph Capurro. |
| 07/13/2015 | Order filed. | BY THE COURT: Petitioner Frances Stevens' unopposed Request for Judicial Notice of the Medical Treatment Utilization Schedule ("MTUS") Chronic Pain Medical Treatment Guidelines, filed on November 21, 2014, is granted. Also, petitioner's request for permission to share oral argument time with Amicus California Applicants' Attorney Association Counsel, Joseph Capurro, is granted. |
| 08/19/2015 | Filed additional cites for oral argument. | Respondent SCIF/Outspoken Enterprises |
| 08/20/2015 | Motion/application to augment record filed. | by State Compensation Insurance Fund. |
| 08/24/2015 | Response filed to: | Petitioners response to RPI Outspoken Enterprises/SKIP's additional cites filed 8/19/15. |
| 08/26/2015 | Opposition filed. | Petitioner's opposition to SKIP's Motion to Augment |
| 09/15/2015 | Application filed to: | Application for Leave to File a Supplemental Letter Brief by Amicus Curiae Injured At Work. |
| 09/16/2015 | Order filed. | BY THE COURT: On September 15, 2015, this court received an Application for Leave to File a Supplemental Letter Brief from Charles Edward Clark, counsel of record for Amicus Curiae Voters Injured At Work. The application is denied. The application is untimely (See Cal. Rules of Court, rule 8.200(c)(1)). The court has granted ample opportunities for the parties and amici to brief the issues presented. Oral argument is currently set for September 30, 2015. If this application were to be granted, the parties and other amicus curiae would have little time to file any answer before the oral argument, and it would leave the court with little time to consider the brief and any answers before the oral argument. (See Cal. Rules of Court, rule 8.200(c)(6)). |
| 09/30/2015 | Cause argued and submitted. | |
| 10/28/2015 | Augmentation denied. | BY THE COURT: The Motion to Augment/Correct the Record filed on August 20, 2015, by Respondents Outspoken Enterprises and State Compensation Insurance Fund is denied. |
| 10/28/2015 | Opinion filed. | (Signed Published) The decision of the Board after reconsideration is affirmed, except we remand to the Board for a determination whether the director acted in excess of authority in deciding that personal care given by home health aides was not medically necessary for Stevens. The parties are to bear their own costs. (See Cal. Rules of Court, rule 8.493(a)(1)(B).) |
| 11/04/2015 | Mod. of opinion filed (no change in judgment). | The opinion in the above-entitled matter, filed October 28, 2015, is modified to delete the content of footnote 7, replacing it with the following: We grant Stevens's request to take judicial notice of the Chronic Pain Medical Treatment Guidelines (effective July 18, 2009), posted at www.dir.ca.gov/dwc/DWCPropRegs/MTUS_ChronicPainMedicalTreatmentGuidelines.pdf (as of October 28, 2015). This change does not necessitate the renumbering of the footnotes. This modification does not change the appellate judgment. (Cal. Rules of Court, rule 8.264(c)(2).) |
| 11/06/2015 | Rehearing petition filed. | Petitioner |
| 11/12/2015 | Mod. of opinion filed (no change in judgment). | ORDER MODIFYING OPINION AND DENYING REHEARING [NO CHANGE IN JUDGMENT] The opinion filed October 28, 2015, is modified by deleting the second sentence in the eleventh paragraph under FACTUAL AND PROCEDURAL BACKGROUND and replacing it with "A different entity, Maximus Federal Services, is used to perform IMRs." The modification does not change the appellate judgment. (Cal Rules of Court, rule 8.264(c)(2).) Petitioner's petition for rehearing is denied. |
| 12/04/2015 | Service copy of petition for review received. | |
| 12/11/2015 | Supreme Court order filed re: | On application of respondents and good cause appearing, it is ordered that the time to serve and file the answer to petition for review is extended to and including January 7, 2016. |
| 12/21/2015 | Received copy of: | A/C letter in support of petition. |
| 12/21/2015 | Received copy of: | A/C Letter dated 12/18/15. |
| 12/22/2015 | Received copy of: | Letter to Supreme Court requesting depublication. |
| 12/28/2015 | Received copy of: | Letter to Supreme Court, from Lewis, Marenstein, Wicke, Sherwin & Lee, LLP re: Amicus Curiae Letter |
| 01/06/2016 | Received copy of: | Letter from Charles Clark to Supreme Court dated 1/6/16. |
| 01/11/2016 | Answer to petition for review received. | |
| 01/07/2016 | Received copy of: | Response to Request for Depublication, filed by counsel for respondent Administrative Director Division of Wokers' Compensation |
| 01/15/2016 | Received copy of: | Reply to Answer to Petition for Review |
| 01/21/2016 | Received copy of: | Reply to respondent SCIF's Answer to Petitino for Revew |
| 01/25/2016 | Supreme Court order filed re: | The time for granting or denying review in the above-entitled matter is hereby extended to and including 03/03/16, or the date upon which review is either granted or denied. |
| 02/01/2016 | Filed letter from: | Letter in Support of Petition for Review |
| 02/01/2016 | Received copy of: | POS on Letter in Support of Petition for Review |
| 02/05/2016 | Received copy of: | A/C letter dated 2/3/16. |
| 02/17/2016 | Petition for review denied in Supreme Court. | Petition for review & depublication request(s) denied. Cuéllar, J., is of the opinion the petition should be granted. |
| 02/19/2016 | Remittitur issued. | |
| 02/19/2016 | Case complete. | |
| 02/23/2016 | Record returned from Supreme Court. | |
| 07/20/2016 | Received copy of: | Petitioner for Writ of Certiorari |
| 09/06/2016 | Filed letter from: | US Supreme Court: The petition for a writ of certiorari is the above entitled case was filed on May 17, 2016 and placed on the docket September 1, 2016 as No. 16-280. |
| 11/03/2016 | Filed letter from: | US Supreme Court >> The court today entered the following order in the above-entitled case: The petition for a writ of certiorari is denied. |
| 05/31/2017 | Shipped to state retention center, box # / list #: | L365 |
Briefs
Stevens v. Workers' Compensation Appeals Board
Division 1
Division 1
Case Number A143043
| Brief | Due Date | Date Filed | Party and Attorney | Notes |
|---|---|---|---|---|
| Amicus curiae brief filed by: | 12/04/2014 | Amicus curiae for respondent: California Workers' Compensation Institute & Property and Casualty Insurers Association of America | | |
| Amicus curiae brief filed by: | 12/04/2014 | Amicus curiae for petitioner: California Applicants' Attorneys Association Attorney: Joseph V. Capurro | NOTE: Brief attached to the application | |
| Amicus curiae brief filed by: | 12/10/2014 | Amicus curiae for respondent: California Chamber of Commerce Attorney: Theodore Allan Penny | | |
| Amicus curiae brief filed by: | 01/13/2015 | Amicus curiae for petitioner: Voters Injured at Work Attorney: Charles Edward Clark | Brief attached to application | |
| Response to amicus curiae brief filed by: | 01/26/2015 | Respondent: Outspoken Enterprises/State Compensation Insurance Fund Attorney: William LeRoy Anderson | the amicus brief by Voters Injured at Work | |
| Response to amicus curiae brief filed by: | 02/20/2015 | Respondent: Administrative Director Division of Wokers' Compensation Attorney: Yvonne Marie Hauscarriague | the amicus brief by Voters Injured at Work | |
| Supplemental brief filed by: | 02/23/2015 | Amicus curiae for petitioner: Voters Injured at Work Attorney: Charles Edward Clark | | |
| Supplemental brief filed by: | 03/06/2015 | Amicus curiae for respondent: California Chamber of Commerce Attorney: Theodore Allan Penny | | |
| Supplemental brief filed by: | 03/09/2015 | Amicus curiae for respondent: California Workers' Compensation Institute & Property and Casualty Insurers Association of America Attorney: Michael A. Marks | | |
| Supplemental brief filed by: | 03/09/2015 | Amicus curiae for petitioner: California Applicants' Attorneys Association Attorney: Joseph V. Capurro | | |
| Supplemental brief filed by: | 03/09/2015 | Petitioner: Frances Stevens Attorney: Joseph C. Waxman | | |
| Supplemental brief filed by: | 03/09/2015 | Respondent: Administrative Director Division of Wokers' Compensation Attorney: Yvonne Marie Hauscarriague | | |
| Supplemental brief filed by: | 03/09/2015 | Respondent: Outspoken Enterprises/State Compensation Insurance Fund Attorney: William LeRoy Anderson | |
Future Scheduled Actions
Stevens v. Workers' Compensation Appeals Board
Division 1
Division 1
Case Number A143043
No information found.
Disposition
Stevens v. Workers' Compensation Appeals Board
Division 1
Division 1
Case Number A143043
Description:
Affirmed in full with directions
Date:
10/28/2015
Disposition Type:
Final
The decision of the Board after reconsideration is affirmed, except we remand to the Board for a determination whether the director acted in excess of authority in deciding that personal care given by home health aides was not medically necessary for Stevens. The parties are to bear their own costs. (See Cal. Rules of Court, rule 8.493(a)(1)(B).)
The decision of the Board after reconsideration is affirmed, except we remand to the Board for a determination whether the director acted in excess of authority in deciding that personal care given by home health aides was not medically necessary for Stevens. The parties are to bear their own costs. (See Cal. Rules of Court, rule 8.493(a)(1)(B).)
Publication Status:
Signed Published
Author:
Humes, James M.
Participants:
Dondero, Robert L. (Concur)
Margulies, Sandra Lynn (Concur)
Margulies, Sandra Lynn (Concur)
Case Citation:
241 Cal.App.4th 1074
Trial Court
Stevens v. Workers' Compensation Appeals Board
Division 1
Division 1
Case Number A143043
Trial Court Name:
Workers' Compensation Appeals Board
County:
[No County Applies]
Trial Court Case Number:
ADJ1526353
Trial Court Judge:
Trial Court Judgment Date: