Fear Not Law Articles: Wal-Mark Stores v. WCAB

Wal-Mark Stores v

Wal-Mark Stores v. WCAB

Filed 2/22/07 Wal-Mark Stores v. WCAB CA5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

WAL-MART STORES, INC. et al.

Petitioners,

WORKERS' COMPENSATION APPEALS BOARD and CHERRIE COLLIER,

Respondents.

F051806

(WCAB No. FRE 0190100)

OPINION

THE COURT^*

ORIGINAL PROCEEDINGS; petition for writ of review from a decision of the Workers' Compensation Appeals Board. Frank M. Brass, William K. O'Brien, and Janice Jamison Murray, Commissioners. J.A. Eckl, Workers' Compensation Administrative Law Judge.

Bradford & Barthel, LLP, for Petitioners.

No appearance by Respondent Workers' Compensation Appeals Board.

Mitchell & Powell, and Darin L. Powell, for Respondent Cherrie Collier.

-ooOoo-

Wal-Mart Stores, Inc. (Wal-Mart) petitions for a writ of review contending the Workers' Compensation Appeals Board (WCAB) exceeded its powers by 1) not reopening a previously stipulated 100 percent permanent disability award for good cause, 2) issuing an award lacking substantial evidence, and 3) ordering Wal-Mart to provide medical treatment despite its utilization review denial. We will deny the petition and remand the matter to the WCAB to award supplemental attorney fees because Wal-Mart does not demonstrate its claims have any reasonable basis in the law.

BACKGROUND

Cherrie Collier (Collier) worked as a customer service representative for Wal-Mart on January 7, 2000, when an entertainment center fell on top of her causing regional pain syndrome in her right arm. Wal-Mart admitted the injury was industrially related and on April 19, 2004, a workers' compensation administrative law judge (WCJ) approved the parties' stipulated agreement requesting a finding Collier was 100 percent permanently disabled. Accounting for attorney fees, the award provided Collier a lifetime pension of $173.97 per week. The award also awarded Collier further â€

Description	Wal Mart Stores, Inc. (Wal Mart) petitions for a writ of review contending the Workers' Compensation Appeals Board (WCAB) exceeded its powers by 1) not reopening a previously stipulated 100 percent permanent disability award for good cause, 2) issuing an award lacking substantial evidence, and 3) ordering Wal Mart to provide medical treatment despite its utilization review denial. Court deny the petition and remand the matter to the WCAB to award supplemental attorney fees because Wal Mart does not demonstrate its claims have any reasonable basis in the law. The petition for writ of review, filed December 12, 2006, is denied.
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