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United States Court Cases

California First Appellate District Record

Stevens v. Workers' Compensation Appeals Board Division 1

Parties and Attorneys

Stevens v. Workers' Compensation Appeals Board
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
Court of Appeal Opinion:
[ PDF ] [ DOC ]
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
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
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
Case Number A143043

No information found.



Disposition

Stevens v. Workers' Compensation Appeals Board
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).)
Publication Status:
Signed Published
Author:
Humes, James M.
Participants:
Dondero, Robert L. (Concur)
Margulies, Sandra Lynn (Concur)
Case Citation:
241 Cal.App.4th 1074


Trial Court

Stevens v. Workers' Compensation Appeals Board
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: