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Case Law Database

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. ADJ7244058

Regular

Mar 29, 2012

REGINA ROSS vs. ALAN and IRENE SMITH, STATE OF CALIFORNIA, Legally Uninsured, DEPARTMENT OF SOCIAL SERVICES, IHSS, STATE COMPENSATION INSURANCE FUND ADJUSTING AGENT

This case concerns a defendant's petition for reconsideration of a workers' compensation award. The defendant argued the temporary disability rate was incorrect, $391.28, when admitted earnings supported a lower rate of $260.86. The administrative law judge corrected this clerical error on the same day the petition was filed, within the allowed 15-day period. Therefore, the Workers' Compensation Appeals Board dismissed the petition as moot, as the error was timely cured by the judge.

Workers' Compensation Appeals BoardFindings and AwardPetition for ReconsiderationWCJTemporary Total Disability BenefitsIndemnity RateClerical ErrorPetition for Reconsideration MootWCAB Rule 10859Home Healthcare Worker

References

Case No. ADJ9528717

Regular

Jan 13, 2017

MARIA MARTINEZ MATIAS vs. PARAISO ORGANICS, INC., SECURITY NATIONAL CASUALTY INSURANCE CO.

The Workers' Compensation Appeals Board granted reconsideration, increasing the applicant's permanent disability from 56% to 61%. The Board found that the Qualified Medical Evaluator's apportionment of the applicant's knee disability to pre-existing conditions lacked substantial evidence. Consequently, the applicant's permanent disability indemnity rate was increased to $260.11 per week. The original finding regarding the absence of substantial evidence for Labor Code section 5814 penalties was affirmed.

Workers' Compensation Appeals BoardPermanent DisabilityApportionmentQualified Medical Evaluator (QME)Substantial EvidenceLabor Code Section 5814Labor Code Section 4663Labor Code Section 4664Pre-existing ConditionMaximum Medical Improvement

References

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

REGINA ROSS vs. ALAN and IRENE SMITH, STATE OF CALIFORNIA, Legally Uninsured, DEPARTMENT OF SOCIAL SERVICES, IHSS, STATE COMPENSATION INSURANCE FUND ADJUSTING AGENT

MARIA MARTINEZ MATIAS vs. PARAISO ORGANICS, INC., SECURITY NATIONAL CASUALTY INSURANCE CO.