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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. ADJ7033087
Regular
Jul 03, 2012

Alan Beaven, Deceased Kimberly Beaven, Widow vs. Berman, Devalerio Pease & Tabacco, State Compensation Insurance Fund

This case concerns a petition for reconsideration filed by the defendant employer, SCIF, after a Stipulated Findings and Award was issued. The WCJ recommended denying the petition, finding no evidence of mutual mistake or fraud to justify setting aside the award. The award, which provided death benefits to the decedent's dependents, was agreed upon by the parties despite the WCJ warning the defendant that they were offering more benefits than statutorily required. Ultimately, the Workers' Compensation Appeals Board dismissed the petition for reconsideration as it had been withdrawn by the petitioner.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissed PetitionStipulated Findings and AwardDeath BenefitsTerrorist ActivitySeptember 112001Injury Resulting in DeathGAL for Minor
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. ADJ3156874
Regular
Sep 23, 2008

KAREN HAMMONDS vs. ALBERTSONS

The WCJ's decision awarding temporary disability benefits more than five years after the injury date was reconsidered. The Board amended the award to only allow payment for temporary total disability, not temporary partial disability.

AlbertsonsKaren HammondsADJ3156874OAK 0305966ReconsiderationFindings and AwardJuly 32008December 222001
References
Case No. ADJ2610305 (WCK 63412) ADJ3981181 (WCK 63413) ADJ1135990 (OAK 339001)
Regular
Mar 24, 2009

CATHY D. KRAUS vs. VETERINARY SURGICAL ASSOCIATES, FIREMAN'S FUND

This case involves a dispute over the correct temporary disability indemnity rate for an applicant injured in 2001. The applicant's original agreed rate was $420 per week based on $630 average weekly earnings, but a subsequent injury in 2006 led to payments at $480 per week. The WCJ awarded an indemnity rate of "at least $480 per week" for the 2001 injury, citing post-injury earnings as evidence of earning capacity. The Appeals Board granted reconsideration, rescinded the award, and remanded for further proceedings. The Board emphasized that post-injury earnings should only be considered if scheduled or reasonably anticipated at the time of the 2001 injury, per *Kyllonen*, and noted insufficient analysis in the WCJ's decision.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardTemporary Disability IndemnityAverage Weekly EarningsIndustrial InjuryShouldersLabor Code § 4656(c)StipulationsAgreed Medical Evaluator
References
Case No. STK 188722
Regular
Dec 19, 2008

RICHARD JAMES vs. KRC HOLDINGS, INC. dba DSS COMPANY and CALIFORNIA INSURANCE GUARANTEE ASSOCIATION on behalf of RELAINCE INSURANCE, in liquidation, KRC HOLDINGS, INC. dba DSS COMPANY and ZURICH NORTH AMERICA INSURANCE COMPANY

The Workers' Compensation Appeals Board denied CIGA's petition for reconsideration, upholding the original award. The WCJ correctly determined that while applicant's 1999 knee injury and 2001 ankle injury shared some overlapping disability factors, the ankle injury's unique limitation to half-time weight-bearing constituted a separate compensable disability. Therefore, CIGA remains liable for the 1999 injury's permanent disability, and Zurich for the 2001 injury's.

CIGAReliance InsuranceZurich North AmericaKRC HoldingsDSS Companypermanent disabilityoverlappsyche injuryright kneeleft ankle
References
Case No. ADJ2148527 (MON 0299703)
Regular
Dec 05, 2008

RAMON RAMOS vs. MALCOLM DRILLING CO. INC., REPUBLIC INDEMNITY CO. OF AMERICA, STATE COMPENSATIONN INSURANCE FUND

This case concerns State Compensation Insurance Fund's (SCIF) challenge to an arbitrator's award of contribution to Republic Indemnity Company of America (Republic) for applicant Ramon Ramos' cumulative trauma injury. SCIF argued Republic lacked standing, the claim was time-barred, and SCIF's liability was improperly calculated. The Appeals Board granted reconsideration to adjust SCIF's contribution percentage, limiting SCIF's liability to its actual coverage period from January 24, 2001, through December 31, 2001.

Workers' Compensation Appeals BoardRepublic IndemnityState Compensation Insurance FundMalcolm Drilling CompanyRamon Ramoscumulative traumacontributionArbitrator's Findings and AwardPetition for Contributionstanding
References
Case No. SAL 96100; 96096
Regular
Jul 03, 2007

JEANNE LAWRENCE vs. CYPRESS URGENT CARE and PREFERRED EMPLOYERS INSURANCE, TENET/DOCTORS HOSPITAL OF MANTECA

This case involves a worker who sustained two industrial injuries, the first in 2001 with Cypress Urgent Care and the second in 2001 with Tenet/Doctors Hospital of Manteca. The defendant, Tenet/Doctors Hospital, sought reconsideration of a joint findings and award that attributed 25% of the worker's temporary disability and vocational rehabilitation costs to their injury. The WCAB granted reconsideration, finding that while the second injury occurred after the first, evidence indicated the first injury contributed to the worker's need for benefits, thus supporting the apportionment.

WCABReconsiderationJoint Findings and AwardPetition for ReconsiderationTemporary Total Disability (TTD)Vocational RehabilitationApportionmentConsecutive InjuriesMedical TreatmentSelf-Insured
References
Case No. ADJ7772997
Regular
Jan 16, 2014

ADRIAN MANNS vs. STATE OF CALIFORNIA, CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, Legally Uninsured, STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, Adjusting Agency

The Workers' Compensation Appeals Board granted reconsideration to amend a finding of fact regarding applicant Adrian Manns' cumulative trauma injury. While affirming that Manns sustained an industrial injury, the Board revised the period of injury to end in January 2001, aligning with medical examiner opinions. The Board found insufficient evidence to support the presumption of industrial causation under Labor Code sections 5402 or 3212.10. The amended finding now states the injury occurred up to January 2001, including coccidioidomycosis and meningitis.

CoccidioidomycosisMeningitisCumulative TraumaCorrectional OfficerLabor Code section 5402Labor Code section 3212.10Agreed Medical ExaminersDate of InjuryPresumption of Industrial CausationStatute of Limitation
References
Case No. ADJ1983957 (AHM 0098847) ADJ3595428 (AHM 0104340) ADJ639258 (AHM 0142901)
Regular
Apr 20, 2012

TRINIDAD SEPULVEDA vs. IRISH CONSTRUCTION; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, administered by BROADSPIRE, for CALIFORNIA COMPENSATION, in liquidation; CENTRE INSURANCE, administered by RISK ENTERPRISE MANAGEMENT; INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, administered by CHARTIS CLAIMS

This case concerns an applicant seeking further temporary disability benefits for injuries sustained in 1999, 2000, and 2001-2002. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, overturning a prior ruling that denied jurisdiction to award benefits beyond five years from the date of injury. The WCAB found jurisdiction exists for the 2000 and 2001-2002 injuries because temporary disability entitlement was not previously resolved. Consequently, the applicant is entitled to temporary disability from June 2, 2011, continuing, for those latter two injury dates.

Workers' Compensation Appeals BoardJoint Findings of Factnew and further temporary disabilitydate of injuryjurisdictionStipulation and Awardfinal adjudicationLabor Code section 4656temporary disability paymentsCentral Wholesale Electric Supplies v. Workers' Comp. Appeals Bd.
References
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