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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ568018 (LAO 0778727)
Regular
Feb 14, 2013

MICHAEL CHAPMAN vs. CURRAN'S CUSTOM PLASTERING, STATE COMPENSATION INSURANCE FUND

This case is rescinded and returned to the trial level due to a reported settlement between the parties. The Workers' Compensation Appeals Board (WCAB) is acting on this information to avoid proceeding with the reconsideration of a prior decision. If the settlement is not approved by the judge, the prior decision may be reinstated.

WCABReconsiderationRescindedTrial LevelWCJSettlementApplicantDefendantCurrans Custom PlasteringState Compensation Insurance Fund
References
Case No. ADJ8140937
Regular
Nov 19, 2015

MICHELE CHAPMAN vs. KAISER FOUNDATION HEALTH PLAN

This case involves Kaiser Foundation Health Plan's Petition for Removal challenging an order closing discovery and setting a trial date. Kaiser argued the order prejudiced its ability to conduct discovery after being joined late in the proceedings. However, the Board discovered the parties had already entered into a Stipulated Award on the scheduled trial date, resolving the dispute. Consequently, the Petition for Removal became moot and was dismissed. The Board also noted the defendant's failure to inform them of the resolution, which led to an unnecessary review.

Petition for RemovalWCJ OrderDiscovery ClosureTrial SettingPermissibly Self-InsuredSedgwick Claims ManagementStipulations with Request for AwardAward Pursuant to StipulationsMoot PetitionUnnecessary Review
References
Case No. ADJ4696823 (LAO 0789746) ADJ879503 (LAO 0835109)
Regular
Mar 24, 2014

JAMES CHAPMAN vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION

Former attorney Dean Donin petitioned for reconsideration of a stipulated award, claiming he was not served and no portion of the attorney fee was awarded to him. The WCAB dismissed his petition, finding that the award expressly held the $252.00 attorney fee in trust pending resolution of Donin's lien, meaning he was not aggrieved. The Board admonished Donin for his practice of filing petitions without verifying the award and noted that the proper remedy for fee disputes is a declaration of readiness, not reconsideration. Failure to cease this conduct could result in sanctions.

WCABPetition for ReconsiderationAttorney's FeesLien ClaimantStipulated AwardWCJEAMSAggrieved PartyDeclaration of ReadinessSanctions
References
Case No. ADJ2937159 (BAK 0135087) ADJ886025 (BAK 0135188) ADJ7339890
Regular
Jan 26, 2016

VONCILE CHAPMAN vs. FRESNO CATHOLIC DIOCESE, BROADSPIRE, GALLGAHER BASSETT

The Workers' Compensation Appeals Board dismissed the Defendant's Petition for Disqualification. The petition was untimely filed, exceeding the ten-day limit set by Appeals Board Rule 10452. Even if timely, the Board would have denied the petition on its merits, adopting the Workers' Compensation Judge's report. Therefore, the Petition for Disqualification is dismissed.

Petition for DisqualificationUntimelyLien ConferenceNotice of HearingAppeals Board Rule 10452WCJ's Report and RecommendationDismissedWorkers' Compensation Appeals BoardFresno Catholic DioceseBroadsPIRE
References
Case No. ADJ6894538
Regular
Apr 14, 2014

MICHELE CHAPMAN vs. MARIN GENERAL HOSPITAL, ZURICH AMERICAN INSURANCE

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration regarding a registered nurse's industrial injury. The WCJ found the applicant sustained injury to her low back, gastrointestinal system, and sleep disorder stemming from a March 28, 2008 incident. The Board affirmed the WCJ's determination of injury to the sleep disorder, finding substantial evidence in the Agreed Medical Examiner's report and the applicant's uncontradicted testimony. The defendant's petition improperly focused on permanent impairment of the sleep disorder, an issue the WCJ had deferred.

Workers' Compensation Appeals BoardMarin General HospitalZurich American InsuranceAthens AdministratorsFindings Award and OrderPetition for ReconsiderationRegistered NurseLow Back InjuryGastrointestinal SystemSleep Disorder
References
Case No. ADJ3912215 (FRE 0245092)
Regular
Dec 03, 2015

CON CHAPMAN vs. HOME LUMBER COMPANY, STATE COMPENSATION INSURANCE FUND

This case involves petitions for reconsideration filed by a lien claimant and the defendant challenging an administrative law judge's (WCJ) September 17, 2015, Findings of Fact and Orders. The WCJ subsequently rescinded those findings and orders on October 27, 2015, within the statutory timeframe. As a result, both pending petitions for reconsideration are now moot. The Workers' Compensation Appeals Board dismissed both petitions, allowing parties to file new reconsiderations after a subsequent decision from the WCJ.

WCABPetition for ReconsiderationFindings of Fact and OrdersLien ClaimantDefendantAdministrative Law Judge (WCJ)Rescinding OrderMoot PetitionsDismissalGood Samaritan Hospital
References
Case No. LAO 0778727
Regular
Sep 18, 2007

MICHAEL CHAPMAN vs. CURRAN'S CUSTOM PLASTERING, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration, rescinding the original decision that denied the applicant's psychiatric injury claim. The Board found the applicant's fall due to a broken scaffold plank constituted a "sudden and extraordinary employment condition," thus overcoming the six-month employment rule exception. The case is returned for further proceedings to determine compensability for the psychiatric injury.

Workers' Compensation Appeals BoardLabor Code § 3208.3(d)six-month rulepsychiatric injurysudden and extraordinary employment conditionMatea v. Workers' Comp. Appeals Bd.broken plankscaffold fallindustrial injurypermanent disability
References
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