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

Case No. SFO 0497157, SFO 0497158, SFO 0497159
Regular
Feb 07, 2008

CHRISTOPHER BALDWIN vs. CITY OF DALY CITY; Permissibly SelfInsured and Administered by INNOVATIVE CLAIM SOLUTIONS

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The defendant argued that Labor Code §4850 salary continuation benefits should not trigger the notice requirements of Labor Code §4061, thereby preventing the applicant's permanent disability from being rated under the 1997 Schedule. The Board affirmed the judge's finding that the defendant failed to provide the required §4061 notice, entitling the applicant to a 24% permanent partial disability rating under the 1997 PDRS.

WORKERS' COMPENSATION APPEALS BOARDDALY CITYINNOVATIVE CLAIM SOLUTIONSSFO 0497157SFO 0497158SFO 0497159CHRISTOPHER BALDWINFIREFIGHTERINDUSTRIAL INJURYBACK INJURY
References
2
Case No. OXN 0134757
Regular
Dec 21, 2007

ERICKA RIOS vs. SANTA PAULA COMMUNITY HOSPITAL, STATE COMPENSATION INSURANCE FUND

The applicant sought reconsideration of a Workers' Compensation Appeals Board (WCAB) decision that applied the revised permanent disability rating schedule to her claim. The WCAB denied reconsideration, affirming the WCJ's finding that the revised schedule applied because the employer did not have a duty to issue a Labor Code §4061 notice until the last payment of temporary disability benefits was made, which occurred after January 1, 2005. Therefore, the applicant's argument that the prior rating schedule should apply due to a perceived premature §4061 notice obligation was rejected.

Workers' Compensation Appeals BoardSanta Paula Community HospitalState Compensation Insurance FundEricka RiosFindings and AwardOpinion and Order Denying ReconsiderationIndustrial InjuryLeft ShoulderLumbar SpineFurther Medical Treatment
References
3
Case No. ADJ1547128
Regular
Sep 15, 2008

DURU JETLEY vs. PAYLESS SHOE SOURCE, GALLAGHER BASSETT

The Appeals Board granted reconsideration, rescinded the June 25, 2008 Findings and Award, and returned the matter to the trial level for further proceedings and a new decision under the 1997 schedule due to a 4061 notice.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardPermanent DisabilityRating ScheduleLabor Code section 4061Labor Code section 4660(d)Temporary Disability IndemnityMedical-Legal ReportTreating Physician
References
3
Case No. SAL 0110868
Significant
Jan 24, 2007

Josh Pendergrass, Applicant vs. Duggan Plumbing, State Compensation Insurance Fund

For the purpose of determining the applicable permanent disability rating schedule under Labor Code section 4660, an employer's duty to provide the notice required by section 4061 arises with the first payment of temporary disability indemnity.

Labor Code section 4660(d)2005 Schedule1997 Schedulesection 4061 notice requirementtemporary disability indemnitypermanent disability ratingen banc decisionreconsiderationWCJindustrial injury
References
9
Case No. SAL 0110868
En Banc
Jan 24, 2007

Josh Pendergrass vs. Duggan Plumbing, State Compensation Insurance Fund

The Appeals Board held that for the purpose of determining the applicable permanent disability rating schedule, an employer’s duty to provide notice under Labor Code section 4061 arises with the first payment of temporary disability indemnity, not the last.

Labor Code section 4660(d)2005 Schedule1997 Schedulesection 4061 noticetemporary disability indemnitypermanent disability rating scheduleen banc decisionreconsiderationFindings and Orderdate of injury
References
8
Case No. SAL 0110868
Significant
Apr 06, 2007

Josh Pendergrass vs. Duggan Plumbing, State Compensation Insurance Fund

The Appeals Board, in an en banc decision, holds that the 2005 Schedule for Rating Permanent Disabilities applies to pre-2005 injuries if the last payment of temporary disability indemnity, which triggers the notice requirement under Labor Code section 4061, occurred on or after January 1, 2005.

Labor Code section 4660(d)1997 Schedule2005 Scheduletemporary disability indemnitypermanent disabilitynotice requirementsection 4061en banc decisionreconsiderationstatute of limitations
References
13
Case No. SAL 0110868
En Banc
Apr 06, 2007

Josh Pendergrass vs. Duggan Plumbing, State Compensation Insurance Fund

The Appeals Board, in an en banc decision, holds that the 2005 Permanent Disability Rating Schedule applies to pre-2005 injuries if the last payment of temporary disability indemnity occurred on or after January 1, 2005, as this is when the employer's duty to provide notice under Labor Code section 4061 arises.

PendergrassDuggan PlumbingState Compensation Insurance FundWorkers' Compensation Appeals Boarden bancpermanent disabilitytemporary disability1997 Schedule2005 ScheduleLabor Code section 4660(d)
References
13
Case No. ADJ7873470, ADJ9373759
Regular
Oct 23, 2015

JUAN JOSE RAMIREZ vs. LYNAM INDUSTRIES INC., COMPWEST INSURANCE COMPANY

The Appeals Board granted the defendant's petition for removal, rescinding the WCJ's order to take the case off calendar for a QME evaluation in psychiatry. The Board found the WCJ erred by ordering further discovery after the close of discovery, as the defendant disputed the psychiatric injury and thus Labor Code section 4061(i) did not apply. The matter was ordered to be set for trial immediately on previously delineated issues.

Petition for RemovalLabor Code section 4061(i)Panel Qualified Medical EvaluatorPsychiatryPre-Trial Conference StatementDeclaration of Readiness to Proceedcumulative trauma injuryspecific injuryoff calendarsubstantial prejudice
References
5
Case No. ADJ8076214
Regular
Aug 27, 2018

FRANKLIN REYES vs. INSIDE & OUTSIDE POTTERY; THE HARTFORD

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The Board found that the defendant's petition improperly sought reconsideration of an interlocutory issue, which should have been addressed through a petition for removal. Even if treated as a petition for reconsideration, the Board agreed with the WCJ that the applicant's objection to the Qualified Medical Evaluator's report was timely under Labor Code section 4061. Therefore, the applicant is entitled to a psychiatric PQME.

AOE/COEPsychiatric PQMELabor Code § 4062Petition for ReconsiderationFindings and OrderWCJFinal OrderInterlocutory OrderMedical-Legal EvaluationPermanent Disability
References
7
Case No. ADJ9973380
Regular
Nov 13, 2015

VICTOR SANCHEZ vs. SECOND STREET CORPORATION, SEDGWICK CMS

This case involves defendant Second Street Corporation's successful petition for removal, arguing that setting a trial date was premature before obtaining medical evaluations as required by Labor Code section 4061(i). The Appeals Board agreed, finding the record insufficiently developed and rescinding the trial setting order. The matter is returned to the trial level for further proceedings, and the defendant is also ordered to identify its insurance carrier.

Petition for RemovalAgreed Medical EvaluatorPanel Qualified Medical EvaluatorLabor Code section 4061(i)Mandatory Settlement ConferencePermanent DisabilityWorkers' Compensation Appeals BoardWCJRescindReturn to Trial Level
References
1
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