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Case Law Database

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

Case No. ADJ7723776
Regular
Nov 02, 2013

DEBRA CALORA vs. COUNTY OF SAN LUIS OBISPO

The Workers' Compensation Appeals Board granted reconsideration and amended the original award. The WCJ had found the applicant sustained a 100% permanent disability and was entitled to a 15% increase in indemnity under Labor Code section 4658(d) for the employer's failure to offer work. However, the Board determined that Labor Code section 4658(d)'s provisions, including the 15% increase, do not apply to awards of 100% permanent disability. Therefore, the applicant is not entitled to the 15% increase in permanent disability indemnity.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardCookRight upper extremityBilateral carpal tunnelPermanent disabilityLabor Code section 4658(d)Permanent total disabilityLifetime award
References
0
Case No. ADJ8345350
Regular
Jan 31, 2017

NOE ALVAREZ vs. PARCELL STEEL CORPORATION; ICW GROUP/INSURANCE COMPANY OF THE WEST

This case involves a petition for reconsideration by the defendant insurer regarding a workers' compensation award for applicant Noe Alvarez. The administrative law judge found the applicant sustained injuries to his neck, shoulders, low back, and left knee, resulting in 44% permanent disability plus a 15% increase. The defendant challenged the findings of injury to the back and knee, deeming the treating physician's opinion conclusory, and disputed the 15% increase. The Workers' Compensation Appeals Board granted reconsideration to defer the issue of the 15% increase under Labor Code section 4658(d), affirming the 44% permanent disability award based on the administrative law judge's credible assessment of medical evidence.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardPermanent DisabilityLabor Code section 4658(d)Medical OpinionsQualified Medical EvaluatorTreating PhysicianCredibility DeterminationSubstantial Evidence
References
3
Case No. ADJ6807374, ADJ6807475
Regular
Apr 25, 2011

CIIRISTINE OSTRANDER vs. COUNTY OF LOS ANGELES/SHERIFF'S DEPARTMENT

This case involves an employer's failure to provide an injured employee with timely notice of modified or alternative work following a determination of permanent and stationary status. While the employee eventually returned to her regular duties, the employer did not formally offer such positions within the 60-day window mandated by Labor Code section 4658(d)(2). Consequently, the employer is not entitled to a 15% decrease in permanent disability payments. However, the Appeals Board found that awarding the employee a 15% increase would elevate form over substance, given the employee's early return to regular work. Therefore, the Board rescinded the original award of a 15% increase and modified the decision to state there is no 15% adjustment under Labor Code section 4658(d).

Workers' Compensation Appeals BoardChristine OstranderCounty of Los Angeles/Sheriff's Departmentindustrial injuryrespiratory systemasthmainternal diseasepermanent disabilitypermanent and stationary (P&S) dateLabor Code section 4658(d)
References
2
Case No. ADJ1510930 (LAO 0878489)
Regular
Jun 21, 2010

RUBEN MARTINEZ vs. COUNTY OF LOS ANGELES, Permissibly Self-Insured

The WCAB granted reconsideration to address the defendant's argument that the applicant was not entitled to a 15% increase in permanent disability payments. The defendant contended the applicant voluntarily terminated his employment, negating the employer's obligation to offer work. The WCAB, adopting the WCJ's report, agreed to strike the finding regarding the 15% increase due to the applicant's voluntary termination. Therefore, the original award is affirmed, excluding the specific increase for failure to offer work.

Workers' Compensation Appeals BoardCounty of Los AngelesPolice OfficerIndustrial InjuryKneesDiabetesCardiovascularHypertensionRenalNervous System
References
0
Case No. ADJ608971 (SAC 0345754)
Regular
Mar 22, 2010

ROGELIO ROJAS vs. ALLIED WASTE INDUSTRIES INC, AMERICAN HOME ASSURANCE

This case involved a dispute over a 15% increase in permanent disability benefits for an employee who sustained a 100% permanent disability. The defendant argued this increase, under Labor Code section 4658(d), did not apply to total permanent disability awards and challenged the retroactive date for annual wage adjustments. The Appeals Board granted reconsideration, reversing the 15% increase because Labor Code section 4658(d) applies only to permanent disability awards calculated under a specific chart, not to total permanent disability. The Board affirmed the annual wage adjustment date based on precedent and deferred attorney fees pending recalculation.

Workers Compensation Appeals BoardRogelio RojasAllied Waste Industries IncAmerican Home AssuranceFindings Award and Orderpermanent disabilitypermanent total disabilityLabor Code section 4658(d)(2)state average weekly wageSAWW adjustment
References
3
Case No. ADJ3292033 (LBO0369559) ADJ4279112 (LBO0369560)
Regular
Mar 10, 2011

NORMA BARAJAS vs. DISNEYLAND RESORT, DISNEY WORLDWIDE SERVICES

The defendant seeks reconsideration of a permanent disability award, arguing the 15% increase under Labor Code § 4658(d)(2) should only apply to payments made after 60 days from the applicant's permanent and stationary date. The applicant contends the increase applies to the entire award except for the first 60 days' payments due to the employer's untimely offer of modified work. The Appeals Board granted reconsideration, rescinded the prior award, and remanded the case for further proceedings to clarify the application of the 15% increase. The Board noted that prompt permanent disability advances by the employer might exclude those payments from the § 4658(d)(2) calculation.

Workers' Compensation Appeals BoardDisneyland ResortLabor Code section 4658(d)(2)permanent disability awardpermanent and stationaryAgreed Medical Examinerstreating physicianoffer of modified workpetition for reconsiderationFindings and Award
References
1
Case No. No. 29-30
Regular Panel Decision
Apr 21, 2022

In the Matter of the Claim of Thomas Johnson; In the Matter of the Claim of Joseph D. Liuni

This opinion addresses two appeals concerning Workers’ Compensation Law (WCL) § 15, specifically whether a schedule loss of use (SLU) award for a subsequent injury to a subpart of an enumerated body "member" must be reduced by a prior SLU award to a different subpart of the same member. The Court of Appeals holds that WCL § 15 (7) allows for multiple SLU awards for successive injuries to the same statutory body member, provided the claimant demonstrates that the second injury, considered by itself, caused an increased loss of use. The Court affirmed the Appellate Division's order in Matter of Johnson v City of New York, finding that claimant Thomas Johnson failed to provide sufficient evidence that his knee injuries caused a further loss of use of his legs beyond that addressed in a prior SLU award for hip injuries. Conversely, the Court reversed the Appellate Division's order in Matter of Liuni v Gander Mountain, remitting the case for further proceedings because claimant Joseph D. Liuni did provide evidence that his later shoulder injury caused a distinct increase in the loss of use of his arm separate from a prior elbow injury. The decision clarifies the application of WCL § 15 (7) regarding successive SLU awards and the burden of proof on claimants.

Workers' Compensation LawSchedule Loss of Use (SLU)Successive InjuriesBody Member ImpairmentOffset RulePrior Disability CompensationEarning CapacityStatutory InterpretationAppellate ReviewMedical Evidence
References
33
Case No. ADJ6548746
Regular
Jun 30, 2015

TYRONE TUCKER vs. YOSEMITE WATER, U.S. FIDELITY & GUARANTEE COMPANY

The applicant sought reconsideration of a workers' compensation award. The Board granted reconsideration to address the applicant's claims regarding hearing loss and an overlooked 15% increase in permanent disability payments. While the Board affirmed the denial of the hearing loss claim due to insufficient evidence, it amended the award to include the 15% increase under Labor Code section 4658(d)(2), finding its omission by the trial judge to be inadvertent.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationFindings of Fact and Awardnew and further injurypermanent disabilitytemporary disabilityLabor Code section 3202hearing losstinnitusneurological injury
References
4
Case No. ADJ8645987
Regular
May 06, 2016

FERNANDO RODRIGUEZ vs. PATRICK KAVAHAGH CONSTRUCTION, EVEREST NATIONAL INSURANCE

The Workers' Compensation Appeals Board granted reconsideration, affirming the initial award of 31% permanent disability for applicant's back and psyche injury. However, the Board deferred the issue of a 15% increase under Labor Code Section 4658(d) and related attorney fees. This deferral allows for further development of the record at the trial level regarding the employer's employee count, which is crucial for determining the applicability of the 15% increase. The WCJ will issue a new decision after these further proceedings.

Labor Code Section 4658(d)permanent disability increaseemployer employee countpetition for reconsiderationsubstantial evidenceburden of proofdeferred issueattorney feesindustrial injurypermanent and stationary
References
6
Case No. ADJ1735597 (OXN 0147250)
Regular
Jun 09, 2015

Stephen Horn vs. Oaknoll Condominium Association, State Compensation Insurance Fund

The Workers' Compensation Appeals Board granted reconsideration to address the applicability of Labor Code section 4658(d), which imposes a 15% increase in permanent disability for employers failing to offer suitable work. The Board found the Administrative Law Judge erred in applying this section without sufficient evidence establishing the employer's employee count. The case is remanded for further development of the record regarding the 15% increase and attorney's fees, while affirming the 88% permanent disability finding.

Workers Compensation Appeals BoardPetition for ReconsiderationPermanent DisabilityLabor Code section 4658(d)Employer Employee CountBurden of ProofAffirmative of the IssueBontempo v. Workers' Comp. Appeals Bd.Evidentiary FoundationDisability Evaluation Unit
References
1
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