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

Case No. ADJ1584272
Regular
Dec 03, 2010

RICHARD SILVA vs. PAZIN & MYERS, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the finding of 100% permanent disability for the applicant's back and psyche injuries. The Board found that the workers' compensation judge properly applied the 1997 Schedule for Rating Permanent Disabilities due to pre-existing medical reports indicating permanent disability. Substantial evidence, including the Agreed Medical Examiner's opinion on permanent total disability and the applicant's treating psychologist's opinion, supported the 100% disability rating. The defendant failed to meet its burden to prove apportionment of the disability.

ADJ1584272FRE 0244029Pazin & MyersInc.State Compensation Insurance FundFindings and AwardSeptember 142010industrial injuryback
References
Case No. ADJ6408456
Regular
May 17, 2010

KENNETH M. HOOVER vs. CITY OF POMONA

The Appeals Board granted reconsideration of the WCJ's award of 100% permanent total disability. The Board found that the WCJ's decision was not supported by substantial evidence, primarily due to deficiencies in Dr. Grodan's medical reporting regarding the applicant's skin and cardiovascular conditions. The matter was returned to the trial level for further development of the record and a new decision. The Board confirmed the application of the 1997 Permanent Disability Rating Schedule and the admission of Dr. Shirman's report.

WORKERS' COMPENSATION APPEALS BOARDADJ6408456KENNETH M. HOOVERCITY OF POMONAreconsiderationFindings and Award and Orderworkers' compensation administrative law judgeWCJMay 172010
References
Case No. OAK 216926 OAK 207971
Regular
Jun 27, 2008

JAMES SHERRY vs. CONNELLEY'S FINE FURNITURE, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration of a finding of 100% permanent disability for applicant James Sherry. Although the Board found the presumption of total disability under Labor Code section 4662(d) inapplicable, they affirmed the 100% permanent disability award based on vocational evidence and medical opinions regarding the applicant's severe psychological impairments and constant headaches. The Board also determined that the defendant failed to establish apportionment to a prior disability award, as the current psychological impairments were solely attributed to the industrial injuries.

Workers' Compensation Appeals BoardConnelley's Fine FurnitureState Compensation Insurance FundOAK 216926OAK 207971Opinion and Order Denying Reconsiderationindustrial injurieskneesnecklow back
References
Case No. ADJ7315205
Regular
Jul 08, 2010

JOSE H. HERNANDEZ vs. COVE BUILDERS, INC., STATE COMPENSATION INSURANCE FUND

This case involves a dispute over the calculation of permanent disability (PD) payments for an applicant with 100% PD. The defendant appealed an order that adjusted PD payments based on a calculation by T. Blair McGowan, arguing that McGowan's calculations incorrectly applied a 15% increase under Labor Code section 4658(d)(2) and improperly included cost of living adjustments (COLA) prior to the date of injury. The Board granted reconsideration, finding the 15% increase inapplicable to 100% PD cases. However, due to the unsettled legal status of COLA calculations following *Duncan v. WCAB*, the Board rescinded the prior order and remanded the case for further proceedings to determine the correct PD rate.

Workers' Compensation Appeals BoardReconsiderationClerical ErrorPermanent Disability RateLabor Code Section 4658(d)(2)Labor Code Section 4659(c)Cost of Living AdjustmentDate of Injury100% Permanent DisabilityPermanent Partial Disability
References
Case No. ADJ2790509 (GOL 0097931) ADJ3675846 (GOL 0099947)
Regular
Dec 22, 2016

LILLIAN SOQUI vs. COUNTY OF SANTA BARBARA, CORVEL CORPORATION

The defendant sought reconsideration of the original award finding the applicant 100% permanently totally disabled due to fibromyalgia resulting from a specific injury on September 23, 1998. The defendant argued for apportionment of disability between specific and cumulative injuries, and to non-industrial causes. The Appeals Board granted reconsideration to clarify that the 100% permanent total disability award solely stems from the specified injury and rescinded the original award. The Board adopted the WCJ's reasoning that medical evidence did not support apportionment, and the defendant failed to pursue further discovery to challenge existing evaluations.

SoquiCorvel CorporationPetition for ReconsiderationJoint Findings and Awardtemporary disabilitypermanent disability100% permanently totally disabledfibromyalgiaapportionmentcumulative injury
References
Case No. ADJ7166686
Regular
Jul 24, 2012

RICHARD ANDERSON vs. JAGUAR/LANDROVER OF VENTURA, COMPWEST INSURANCE COMPANY

This case involves an applicant who suffered a stroke and subsequent 100% permanent disability following surgery for an industrial shoulder injury. The defendant sought reconsideration, arguing for apportionment to pre-existing conditions and challenging the attorney's fee calculation. The Appeals Board affirmed the 100% permanent disability finding, finding no basis for apportionment as the applicant's pre-existing conditions did not cause the disability itself. However, the Board modified the attorney's fee award, requiring commutation using a specific method and a 3% cost of living adjustment, finding the previously assumed 4.6% to be speculative.

Workers Compensation Appeals BoardRichard AndersonJaguar/Landrover of VenturaCompwest Insurance CompanyADJ7166686ReconsiderationFindings and AwardIndustrial InjuryBrain InjuryNeurological System
References
Case No. ADJ526691 (LBO 0329338)
Regular
Feb 10, 2020

JITKA VAN DYNE-PARMET vs. UNITED AIRLINES, INC., permissibly self-insured, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

The Workers' Compensation Appeals Board granted United Airlines' Petition for Reconsideration to amend a finding of fact. The amendment corrects the permanent disability award to exclude an incorrect calculation based on the State Average Weekly Wage increase, as the applicant's injury occurred before the relevant statutory change. The Board otherwise affirmed the original award, deeming the applicant entitled to a 100% permanent disability award at the established weekly rate.

WCABPetition for ReconsiderationPermanent Disability Award100% disabilitySAWW increasesLabor Code § 4659(c)Decision After ReconsiderationAmended Findings and AwardWCJ ReportSedgwick Claims Management Services
References
Case No. ADJ3797840
Regular
Jun 26, 2014

ROGER GREGORY vs. STONEY'S SAND AND GRAVEL, LLC, STATE COMPENSATION INSURANCE FUND

In this workers' compensation case, the Appeals Board denied the defendant's petition for reconsideration. The Board adopted the Workers' Compensation Judge's (WCJ) report, finding the applicant entitled to 100% permanent disability. This award was based solely on substantial medical evidence of disability, independent of vocational factors. The Board specifically excluded a reference to *Ogilvie v. Workers' Comp. Appeals Bd.* from the WCJ's report.

Petition for ReconsiderationDENIEDWORKERS' COMPENSATION APPEALS BOARDSTONEY'S SAND AND GRAVELLLCSTATE COMPENSATION INSURANCE FUNDROGER GREGORYpermanent total disability100% permanent disabilityLabor Code section 4662
References
Case No. ADJ4280834 (LAO 0768011)
Regular
Jun 04, 2013

LEVELL SMITH vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, SEDGWICK CMS

The WCAB granted reconsideration of a WCJ's decision awarding applicant 100% permanent disability after apportioning for a prior 1988 injury. Defendant argued the WCJ erred by not following the agreed medical evaluator's apportionment findings. The Appeals Board affirmed the WCJ's decision, finding the WCJ correctly relied on the parties' prior stipulation regarding the 1988 injury's permanent disability to frame the rating instructions. The WCAB adopted the WCJ's reasoning in their Report on Reconsideration.

Workers' Compensation Appeals BoardLevell SmithLos Angeles Unified School DistrictSedgwick CMSADJ4280834Opinion and Decision After ReconsiderationFindings and Awardleft wristneckright wrist
References
Case No. ADJ6487778
Regular
Jul 19, 2011

SERGIO ZAMORA vs. TAYLOR FRESH FOODS, ZÜRICH NORTH AMERICA

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration of a Findings and Award that determined the applicant sustained a 100% permanent disability due to an industrial injury. The defendant argued the WCJ erred in deeming the applicant unemployable and sought apportionment of psychiatric disability. However, the parties subsequently reached a settlement agreement via Compromise and Release. Consequently, the Board rescinded the original award and returned the matter to the trial level for settlement finalization.

Sergio ZamoraTaylor Fresh FoodsZurich North AmericaADJ6487778Petition for ReconsiderationFindings and AwardDryer OperatorIndustrial InjuryRight HandThird Finger
References
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