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

Case No. ADJ11316046
Regular
Nov 30, 2020

ISRAEL RAMOS vs. THORTON TOMASETTI, INC., AIG

The Workers' Compensation Appeals Board (WCAB) granted applicant's attorney's petition for reconsideration of an order releasing attorney's fees. The WCAB found that the workers' compensation judge (WCJ) erred by determining the attorney's fee issue without holding a hearing, violating due process and Labor Code section 5702. Consequently, the WCAB rescinded the WCJ's order and returned the matter to the trial level for a hearing to develop the record on the disputed attorney's fees. The WCAB also admonished the attorney for failing to comply with procedural rules regarding notice to the applicant concerning adverse interests and the right to seek independent counsel.

Petition for ReconsiderationOrder for Release of Requested FeesCompromise and ReleaseAttorney's FeesWorkers' Compensation Administrative Law JudgeWCJCertified Workers' Compensation SpecialistDue ProcessViolation of Labor Code Section 5702Notice of Adverse Interest
References
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. ADJ10514440 (SFO 0282615)
Regular
Dec 27, 2017

RICHARD MERLO vs. CITY OF DALY CITY, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the City of Daly City's petition for reconsideration of an order approving a stipulation. The stipulation, agreed to by co-defendant State Compensation Insurance Fund, settled future medical expenses for $25,000.00. The City argued the stipulation improperly circumvented joint and several liability and alleged unilateral mistake. The Board affirmed the WCJ's report, finding no good cause to vacate the stipulation based on the presented arguments or unilateral mistake.

Workers' Compensation Appeals BoardStipulationJoint and Several LiabilityPetition for ReconsiderationWCJInnovative Claim SolutionsState Compensation Insurance FundFuture Medical ExpensesUnilateral MistakeGood Cause
References
Case No. ADJ10300372
Regular
Jan 25, 2018

Troy Morkal vs. Cabinet Crafters, Security National Insurance

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration of a Compromise and Release (C&R) order. The applicant claimed the C&R was based on a mistake by his former attorney and opposing counsel. However, the WCAB found no evidence or testimony under oath in the record to support these allegations of mistake. Therefore, the WCAB dismissed the petition as premature and recommended it be treated as a petition to set aside, requiring a hearing for the applicant to present evidence.

Workers' Compensation Appeals BoardPetition for ReconsiderationCompromise and ReleaseOrder Approving Compromise and ReleaseWCJMutual MistakeUnilateral MistakeGood CauseStipulationLabor Code § 5803
References
Case No. ADJ3671981 (VNO 0503368) ADJ2645149 (BAK 0148647)
Regular
Oct 09, 2014

ROSA MUNOZ, ROSA WILLIAMS MUNOZ vs. STATE OF CALIFORNIA, COURT-CALIFORNIA SUBSTANCE ABUSE TREATMENT FACILITY, STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES

The Workers' Compensation Appeals Board denied the Defendant's Petition for Reconsideration, upholding the original decision. The Defendant's claim that the arousal disorder was not supported by medical evidence was rejected because the parties had previously stipulated to this injury AOE/COE. The Board found no good cause to set aside the stipulation, especially since no objections were raised at trial or after the Minutes of Hearing were served. The Board also noted that the Defendant's reply brief was not considered as it was submitted without permission.

WCABPetition for ReconsiderationWCJ ReportStipulationAOE/COEArousal DisorderLabor Code § 57028 CCR 10497County of Sacramento vs. WCAB (Weatherall)correctional officer
References
Case No. ADJ11186013
Regular
Jul 23, 2023

Francisco Diaz vs. Southeast Employee Leasing Services, Inc., State National Insurance Co.

The Workers' Compensation Appeals Board granted reconsideration to amend the original Findings and Order. The amendment clarifies that injury AOE/COE was stipulated by the parties to the right elbow, left elbow, and right ankle. The Board affirmed the WCJ's decision regarding the need for a neuropsychological examination for the brain and head, and the need for medical treatment. However, the Board rejected the defendant's arguments regarding the appointment of a QME and the admissibility of QME reports, deferring to the WCJ's Report for affirmation on those points.

WCABPetition for ReconsiderationFindings and Orderneuropsychological examinationAOE/COEqualified medical evaluatorstipulated injuryReport and Recommendationbody partsneurology
References
Case No. ADJ6535347, ADJ6534384
Regular
Nov 02, 2015

CHRISTINE KNAPP vs. COUNTY OF FRESNO

The Workers' Compensation Appeals Board denied the applicant's Petition for Reconsideration. The applicant sought to overturn findings of $53\%$ permanent disability and disputed the exclusion of vocational expert reports and a claim of $100\%$ disability. The Board found the petition contained numerous factual misrepresentations and violations of WCAB rules and professional conduct by the applicant's attorney. The Board adopted the WCJ's report, which recommended denial due to the petition's legal defects and factual inaccuracies.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact and AwardOccupational Group NumberIndustrial InjuryRight ShoulderMigraine HeadachesPermanent DisabilityAgreed Medical ExaminerQualified Medical Examiner
References
Case No. ADJ10266335
Regular
Sep 15, 2017

LANESHA RICE vs. ACCURATE PERSONNEL, LLC, ZURICH NORTH AMERICA

Defendant Accurate Personnel sought reconsideration of a workers' compensation award, arguing a mutual mistake in calculating the applicant's permanent disability rate. The Workers' Compensation Appeals Board denied the petition, affirming the original award. The Board found no evidence of mutual mistake, noting that the applicant denied it and the defendant failed to prove the applicant knew of and benefited from any alleged error. The Board concluded the defendant's claim stemmed from a unilateral mistake due to neglect, which does not constitute good cause to set aside a stipulation.

Petition for ReconsiderationStipulations with Request for AwardPermanent Disability Indemnity RateMutual Mistake of FactUnilateral MistakeGood CauseLabor Code Section 5702Workers' Compensation Appeals BoardWCJ Report and RecommendationApplicant's Answer
References
Case No. ADJ10361681
Regular
Jul 26, 2019

ZIBA AMINI vs. COUNTY OF LOS ANGELES DEPARTMENT OF CHILDREN AND FAMILY SERVICES

The Appeals Board dismissed the County of Los Angeles's petition for reconsideration as premature because no evidence was presented to support their claim of a temporary disability overpayment. The defendant's challenge was based on newly discovered evidence, but the Workers' Compensation Judge had not yet held a hearing to consider this evidence. The Board remanded the case to the trial level for a hearing to establish a record before any appeal could be considered.

Stipulations with Request for AwardPetition for ReconsiderationDismissalPrematureNewly Discovered EvidenceOverpaymentTemporary Disability IndemnityPermanent DisabilityFuture Medical CareGood Cause
References
Case No. ADJ10080134, ADJ10080122, ADJ10080117, ADJ10080114, ADJ5807385
Regular
Mar 02, 2020

META CARPENTER vs. CHILDREN'S RECEIVING HOME OF SACRAMENTO, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed the lien claimant's petition for reconsideration as premature. The claimant sought to challenge a compromise and release agreement, alleging inadequate consideration for its interests and mutual mistake or fraud. However, no evidence or testimony under oath was presented to support these claims. The Board remanded the case to the trial level for a hearing to allow parties to present evidence and create a record for a decision on whether to set aside the settlement.

Petition for ReconsiderationCompromise and ReleaseLien ClaimantOrder ApprovingMutual MistakeFraudDue ProcessFair HearingLabor Code Section 5803Labor Code Section 5702
References
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