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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. ADJ1500373 (MON 0359154)
Regular
Jun 24, 2014

LINDA HODO MCDANIEL vs. NORWALK-LA MIRADA UNIFIED SCHOOL DISTRICT

The Board affirmed the WCJ's award finding applicant sustained psychiatric injury, sleep disturbance, and headaches AOE/COE due to adverse employment events from 2001-2007. The Board found the AME's opinion substantial evidence, corroborated by applicant's testimony and defense witnesses, establishing the injury was caused by actual employment events. The defendant's "good faith personnel action" defense failed as the alleged actions occurred after the injury and therefore could not be the predominant cause. The Board also admonished defense counsel for unprofessional conduct and improper remarks impugning the WCJ's integrity.

AOE/COEpsychesleep disturbanceheadachesmiddle school principal66% permanent disabilityapportionmentGood Faith Personnel Actionsubstantial medical evidencepsychiatric injury
References
Case No. ADJ7200914
Regular
Jul 19, 2012

KENNETH WILLIAMS vs. THE BOEING COMPANY

The Workers' Compensation Appeals Board granted reconsideration to amend a previous award. The Board found that the applicant's primary treating physician's apportionment of 15% of the hip disability to non-industrial factors was based on substantial medical evidence, and should have been incorporated. This amendment reduced the applicant's permanent disability rating from 72% to 66%. The dissenting opinion argued that the physician's apportionment lacked sufficient detail to constitute substantial evidence.

Workers' Compensation Appeals BoardKenneth WilliamsThe Boeing Companyaircraft mechaniccumulative injurypermanent disabilityapportionmentPhilip A. SobolM.D.orthopedist
References
Case No. ADJ2102983 (OAK 0238102), ADJ10612430, ADJ8656036
Regular
Feb 07, 2020

BRANCO, BRUCE JORDAN vs. PACIFIC STEELCASTING COMPANY, WAUSAU UNDERWRITERS INSURANCE COMPANY, CLARENDON NATIONAL INSURANCE COMPANY, SEABRIGHT INSURANCE COMPANY, CALIFORNIA INSURANCE GURANTEE ASSOCIATION, FREMONT INDEMNITY COMPANY

This case involves appeals from WCJ decisions regarding cumulative injury and contribution liability against Seabright and CIGA. Following the applicant's death, the parties successfully resolved the widow's claim for accrued compensation and all contribution/reimbursement disputes through stipulations. The WCAB approved these stipulations, finding them adequate and in the widow's best interest, rescinding the prior WCJ decisions. An award of $18,913.66 was made to the widow, Shawn Branco, against Wausau Underwriters Insurance Company.

WCABCIGASeabright InsuranceWausau Underwriterscumulative injuryLabor Code section 4700Stipulationscompromise and releaseaccrued compensationsuccessor in interest
References
Case No. ADJ9487575
Regular
Jul 10, 2017

JOSEPH ALLEN vs. CARMAX, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board granted reconsideration, affirming a prior award of 66% permanent disability for injuries including psychological harm. The Board clarified that Labor Code section 4660.1(c) does not preclude psychiatric impairment arising directly from employment events. While affirming the award's compensability of psychiatric impairment, the Board amended the Findings of Fact to allow defendant credit for temporary disability overpayments and clarified that the EDD lien is payable from both temporary and permanent disability indemnity.

Workers' Compensation Appeals BoardJoseph AllenCarmaxTravelers Property Casualty Company of AmericaADJ9487575Petition for ReconsiderationFindings and AwardAOE/COEPermanent DisabilityTemporary Disability
References
Case No. ADJ2345295
Regular
Aug 26, 2010

JOSEPHINE RICHAU vs. SAN FRANCISCO UNIFIED SCHOOL DISTRICT, INSURANCE CORPORATION OF HANNOVER by MIDLANDS CLAIMS ADMINISTRATORS

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration regarding supplemental attorney's fees. The defendant sought to overturn an award of $3,120.00 in fees and $297.66 in costs to the applicant's attorney. However, the applicant's attorney confirmed that these fees had already been paid and no further payment was sought. Therefore, the defendant's petition was rendered moot, as the original award, issued under Labor Code section 5801 due to an unreasonable petition for writ of review by the defendant, was satisfied.

Workers' Compensation Appeals BoardSupplemental Attorney's FeesReconsiderationPetition for Writ of ReviewLabor Code Section 5801Total Permanent DisabilityMethicillin Resistant Staphylococcus AureusIndustrial InjurySpine InjurySpecial Education Teacher
References
Case No. ADJ3861984
Regular
Sep 23, 2010

GUADALUPE SANTA CRUZ vs. PEP BOYS, GALLAGHER BASSETT ROSEVILLE

This case involves a lien claim by a chiropractor for over $67,000 for treatment provided to an injured worker. The Workers' Compensation Appeals Board (WCAB) affirmed a prior finding that only $66.94 was owed, disallowing the balance of the lien. The WCAB ruled that a statutory amendment effective in 2008 did not apply retroactively to services rendered prior to its effective date. Additionally, the lien claimant failed to prove licensure for physical and occupational therapy, and the stipulated medical treatment and AME opinions did not cover the disputed past services.

Labor Code section 4604.5(d)(3)retrospective applicationmedical treatment utilizationchiropractic visitsphysical therapy visitsoccupational therapy visitslumbar surgerystipulated awardAME reportsACOEM Guidelines
References
Case No. ADJ1974387
Regular
Jan 19, 2023

KATHERINE BEARD vs. WALMART ASSOCIATES, INC., AMERICAN HOME ASSURANCE, YORK RISK SERVICES GROUP, INC.

This case concerns a dispute over permanent disability benefits for an employee injured in 2006. The applicant sought benefits at a higher weekly rate and an earlier COLA commencement date than initially awarded. The Appeals Board amended the original findings, ruling that the date of first permanent disability payment (September 13, 2006) controls benefit calculations. Consequently, the defendant must retroactively adjust payments to $407.66 per week and commence COLAs from January 1, 2007, with credit for prior payments.

Petition for Reconsiderationpermanent disability indemnityCOLApermanent total disabilityretroactive adjustmentpermanent and stationary dateearnings at time of injuryaverage weekly earningsmedical-legal benefitLabor Code Section 4650
References
Case No. ADJ4712895 (SJO 0255426)
Regular
Mar 04, 2014

JOSE MORENO vs. CAPITAL BEVERAGE CO., TRAVELERS PROPERTY AND CASUALTY COMPANY. OF AMERICA

The Appeals Board granted reconsideration and amended the original award, correcting the applicant's occupational group from 360 to 350. This amendment, along with the WCJ's report, resulted in an increased permanent disability rating from 66% to 71%. The Board adopted the WCJ's reasoning for these changes and addressed several of the applicant's contentions, largely finding them without merit due to lack of prejudicial error or failure to raise issues at trial. The decision affirmed the original award in all other respects, including the findings on left knee, psyche, and back injury.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardIndustrial InjuryPermanent DisabilityApportionmentOccupational GroupAverage Weekly WageMedical RecordsCredibility Determination
References
Case No. ADJ8499566
Regular
Apr 09, 2019

MICHAEL FLINTROY vs. PACIFIC BELL TELEPHONE COMPANY/ AT&T, OLD REPUBLIC INSURANCE COMPANY, administered by SEDGEWICK CMS

The Appeals Board granted reconsideration, rescinded the prior Findings and Award, and remanded the case for further proceedings. The Board found the defendant failed to prove the applicant was employed for less than six months, thus applicant's psychiatric injury claim is not barred under Labor Code section 3208.3(d). The Board deferred issues including psychiatric injury AOE/COE, permanent disability, attorney fees, and the admissibility of social media records and surveillance videos. The applicant's earnings were stipulated at $915.66 weekly.

Labor Code section 3208.3(d)Petition for ReconsiderationFindings and Awardpermanent disabilitypsychiatric injurysix-month employment ruleburden of proofsubstantial evidenceAgreed Medical Evaluatorcompensable consequence
References
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