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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. ADJ8128282
Regular
Jan 23, 2014

ANGELA EGBIKUADJE vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, returning the case for further proceedings. The defendant, California Department of Corrections and Rehabilitation, argued that the applicant's psychiatric injury claim was preempted by the ADA and not proven under Labor Code section 3208.3. The Board found the original decision lacked proper analysis regarding predominant industrial causation and the good faith personnel action defense. Therefore, the case was remanded for further development of the record, including expert medical opinion on these issues.

Workers' Compensation Appeals BoardAngela EgbikuadjeCalifornia Department of Corrections and RehabilitationLegally UninsuredState Compensation Insurance FundADJ8128282Van Nuys District OfficeReconsiderationFindings and AwardIndustrial cumulative trauma injury
References
Case No. ADJ864227 (LBO 350573) ADJ1635667 (LBO 350607)
Regular
Dec 29, 2008

LUIS ECHEVARRIA vs. FALCON WEST, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and reversed the trial judge's award of attorney's fees under Labor Code section 5814.5. The Board reasoned that section 5814.5 requires an award of attorney's fees to be "in addition to" increased compensation under section 5814, which was not sought or awarded here. Furthermore, the Board found that any delay in payment was not unreasonable due to a good-faith dispute over the net settlement amount.

WORKERS' COMPENSATION APPEALS BOARDLUIS ECHEVARRIAFALCON WESTINC.STATE COMPENSATION INSURANCE FUNDADJ864227ADJ1635667OPINION AND ORDER GRANTING RECONSIDERATIONDECISION AFTER RECONSIDERATIONFindings and Orders
References
Case No. ADJ11207109; ADJ11207111
Regular
May 29, 2025

Darren Hailey vs. Continental Labor, National Union Fire Insurance Company

Applicant Darren Hailey sought reconsideration of two Findings and Awards from October 19, 2021, in cases ADJ11207109 and ADJ11207111, where a WCJ found industrial injuries but apportioned 50 percent of permanent disability to nonindustrial factors based on a Qualified Medical Evaluator's (QME) opinion. Hailey contended that the QME's apportionment opinion was not substantial medical evidence. The Workers' Compensation Appeals Board, in a majority decision, affirmed the WCJ's findings, concluding that the QME adequately explained the basis of his apportionment, attributing 50 percent of the impairment to nonindustrial obesity due to its role in inhibiting recovery and causing accelerated wear and tear on joints. However, Commissioner Katherine A. Zalewski dissented, agreeing that the QME identified the factors of permanent disability but arguing that he failed to adequately explain how he arrived at the 50 percent apportionment figure, deeming the analysis incomplete.

Workers' Compensation Appeals BoardReconsiderationPermanent DisabilityApportionmentQualified Medical Evaluator (QME)Industrial InjuryNonindustrial FactorsCausationSubstantial Medical EvidenceObesity
References
Case No. ADJ19947925
Regular
May 19, 2025

Andres De Jesus Garcia vs. Slater's 50/50, Security National Insurance Company

Applicant, Andres De Jesus Garcia, sought reconsideration of a March 12, 2025 Findings and Award (F&A) which denied his request for a new primary treating physician (PTP) or a second opinion. The workers' compensation administrative law judge (WCJ) had found that the applicant reached maximum medical improvement (MMI) based on reports from his PTP and a panel qualified medical evaluator (PQME). Applicant contended he is entitled to a change of PTP or a second opinion within the medical provider network (MPN) under various Labor Code sections and WCAB Rules. The Appeals Board granted the Petition for Reconsideration, deferring a final decision after reconsideration to allow for further review of the factual and legal issues.

Petition for ReconsiderationMedical Provider Network (MPN)Primary Treating Physician (PTP)Maximum Medical Improvement (MMI)Qualified Medical Evaluator (PQME)Labor Code sections 4616.3 and 4616.4WCAB Rules 9767.6(e) and 9767.7Tenet/Centinela Hospital Medical Center v. Workers' Comp. Appeals Bd. (Rushing)Labor Code section 5909Electronic Adjudication Management System (EAMS)
References
Case No. VNO 508605, VNO 310503, VNO 317457
Regular
Aug 09, 2007

ARMANDO PEREZ vs. LES ANGELES METROPOLITAN TRANSIT AUTHORITY

The Workers' Compensation Appeals Board denied reconsideration of an order that awarded attorneys' fees of $937.50. The lien claimant, applicant's counsel, sought $1,200 in fees for their client's deposition, arguing for a higher hourly rate and duration. The Board found the administrative law judge's discretionary award of $937.50 to be reasonable based on the circumstances.

Workers' Compensation Appeals BoardLabor Code §5710attorneys' feereconsiderationdepositionWCJhourly ratediscretionary allowancereasonable feeadministrative law judge
References
Case No. SAC 304435
Regular
Oct 09, 2007

Raymond Phillips vs. California Department of Health Services, STATE COMPENSATION INSURANCE FUND

This case involves a workers' compensation applicant seeking reconsideration of a $50\%$ permanent disability award, arguing for $100\%$ due to insufficient proof of overlap with a prior injury. The defendant also sought reconsideration, contesting the disability rating and dollar amount of the award. The Appeals Board granted reconsideration to correct the dollar amount, affirming the $50\%$ apportionment, the $15\%$ attorney fee, and the defendant's burden of proof for apportionment.

ApportionmentPermanent DisabilityReconsiderationFindings and AwardQualified Medical EvaluatorsLabor Code section 4664Permanent partial disabilityAttorney feesComplex Regional Pain SyndromePeroneal nerve
References
Case No. ADJ4086603 (LAO 0829698) ADJ4469358 (LAO 0829699)
Regular
May 01, 2009

ADA ROZENBLAT vs. CEDARS SINAI HEALTH SYSTEM

This Workers' Compensation Appeals Board notice addresses a dispute over attorney's fees and costs awarded as sanctions. The defense seeks $800.50 for opposing a petition for reconsideration, while applicant's counsel, Daniel Escamilla, concedes only $540.00. The Board finds $800.50 reasonable and proposes to award this amount to defense counsel, Pearlman, Borska & Wax, L.L.P. This award is separate from any other sanctions payable to the General Fund.

WORKERS' COMPENSATION APPEALS BOARDADA ROZENBLATCEDARS SINAI HEALTH SYSTEMADJ4086603ADJ4469358ATTORNEY'S FEESCOSTSSANCTIONSLABOR CODE § 5813PETITION FOR RECONSIDERATION
References
Case No. ADJ8713182
Regular
Aug 01, 2019

LYDIA HEUSNER vs. UNIVERSAL HEALTH SERVICES, ACE AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and amended a prior decision. Applicant sustained industrial injury to her neck, shoulders, elbows, wrists, and psyche, resulting in 50% permanent disability. The Board found her entitled to a 15% increase in permanent disability indemnity payments, as Universal Health Services employs over 50 individuals. The case was remanded to the parties to adjust the exact amount of the increase, with WCAB jurisdiction reserved for disputes.

Petition for ReconsiderationFindings and AwardPermanent DisabilityMedical Bill CollectorCumulative InjuryNeck InjuryShoulder InjuryElbow InjuryWrist InjuryPsyche Injury
References
Case No. ADJ1854397 (STK 0202759)
Regular
Feb 08, 2010

ELIZABETH BERETA vs. BARRETT BUSINESS SERVICES

This case involves a dispute over supplemental attorney's fees for responding to the defendant's unsuccessful writ of review. Initially, the Appeals Board awarded $2,500, unaware of a prior stipulation. The applicant's attorney sought reconsideration, highlighting a stipulation for $4,987.50 approved by a WCJ. The Board granted reconsideration, rescinded its prior award and the WCJ's order, and adopted the parties' stipulation, awarding $4,987.50 in attorney's fees.

Petition for ReconsiderationSupplemental Attorney's FeesLabor Code §5801Petition for writ of reviewStipulationWCJ OrderDecision After ReconsiderationRescinded OrderAppellate CourtApplicant's Counsel
References
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