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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. ADJ7555409
Regular
Mar 04, 2014

JESUS ESCANUELA vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, legally uninsured, adjusted by STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted the defendant's Petition for Reconsideration and dismissed the applicant's untimely petition. The WCAB found that the Agreed Medical Examiner's (AME) opinion regarding psychiatric permanent disability was not supported by substantial evidence, as it did not properly address causation under the current PDRS. Consequently, the case is remanded to the trial level for further development of the record concerning psychiatric permanent disability. The WCAB deferred the issue of permanent disability and attorney's fees pending this further development.

Workers' Compensation Appeals BoardJesus EscanuelaCalifornia Department of Correctionslegally uninsuredState Compensation Insurance FundADJ7555409Fresno District OfficeOpinion and OrderPetition for ReconsiderationFindings and Award
References
Case No. GOL 0088273
Regular
Aug 18, 2008

ROBERT SIEBURG vs. RONALD WOLFE & ASSOCIATES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration, rescinded the original award, and returned the case for further development of the record. The Board found the findings of the administrative law judge regarding $97\%$ permanent disability and apportionment were not supported by substantial medical evidence. Specifically, the opinion of Dr. Kahmann was deemed deficient due to internal inconsistencies, lack of explanation for apportionment, and undefined work restrictions. The Board also found Dr. Basham's report did not meet the standard for substantial medical evidence regarding cognitive dysfunction.

WORKERS' COMPENSATION APPEALS BOARDROBERT SIEBURGRONALD WOLFE & ASSOCIATESSTATE COMPENSATION INSURANCE FUNDGOL 0088273OPINION AND ORDER GRANTING RECONSIDERATIONDECISION AFTER RECONSIDERATIONFindings and AwardWCJmaintenance person
References
Case No. ADJ8361039
Regular
Oct 05, 2018

Ruth Sievers vs. Central Coast Orthopedics, Compwest Insurance Company

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration of a finding of $67\%$ permanent disability. The applicant argued for $100\%$ permanent disability and for full reimbursement of vocational expert costs, including reviewing surveillance videos. The majority agreed with the WCJ that the expert's review of videos was not reasonable or necessary, while a dissenting commissioner would have allowed these costs. The Board adopted the WCJ's report and reasoning in denying the petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardPermanent Disability RatingVocational ExpertLabor Code Section 5811Surveillance VideosRebuttal EvidenceMedical-Legal CostsIndustrial Injury
References
Case No. ADJ2506855 (RDG 0044877) ADJ1687185 (RDG 0032808)
Regular
Aug 24, 2009

Kenny Smith vs. MODERN BUILDING COMPANY, STATE COMPENSATION INSURANCE FUND, ANDERSON & ASSOCIATES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for CALIFORNIA COMPENSATION, BROADSPIRE

This case involves successive spinal injuries to Kenny Smith. CIGA seeks relief as administrator for the 1990 injury, arguing it's not a covered claim as SCIF provides "other insurance." The Appeals Board granted CIGA's petition, finding SCIF is indeed other available insurance for the same injury. SCIF is appointed administrator and is entitled to a $14,667.67 credit against its liability, stemming from the applicant's prior third-party recovery for the 1986 injury.

CIGASCIFReconsiderationAdministratorCovered ClaimsOther InsuranceLabor Code Section 3861Spine InjuryJoint and Several LiabilityInsolvent Insurer
References
Case No. LBO 0337338 LBO 0337339
Regular
Dec 14, 2007

MICHAEL BRAJEVICH vs. TORRANCE UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured

The Workers' Compensation Appeals Board granted reconsideration and amended the prior decision regarding Michael Brajevich's claims against Torrance Unified School District. The amended decision affirmed findings regarding injuries to Brajevich's left lower extremity, back, cerebrovascular, and cardiovascular systems. It also specified temporary total disability periods and confirmed an attorney's fee of $67,238.00 to be deducted from sums due to the applicant.

BrajovichTorrance Unified School DistrictReconsideration GrantedDecision AmendedLeft Lower Extremity InjuryBack InjuryCerebrovascular ConditionStrokeCardiovascular System InjuryPrincipal
References
Case No. ADJ2724522 (SFO 0414295) ADJ3126122 (SFO 0422336)
Regular
Dec 24, 2008

JUANA BARRIENTOS vs. FRIEDKEN-BECKER MANAGEMENT CORPORATION, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

The Workers' Compensation Appeals Board granted reconsideration to correct a clerical error in the permanent disability indemnity rate. The Board affirmed the original award, including temporary disability, need for further medical treatment, and 86% permanent disability, rejecting the defendant's arguments regarding duplicative disabilities and lack of support for temporary disability. The permanent disability indemnity was corrected to $95,085.24 payable at $166.67 per week, with a life pension thereafter.

Workers' Compensation Appeals BoardFriedken-Becker Management CorporationCalifornia Insurance Guarantee AssociationFremont Indemnity Companyliquidationindustrial injuryleft upper extremitycervical spinepsychetemporary disability
References
Case No. ADJ7562564 ADJ7962683
Regular
Nov 04, 2014

RICHARD ORR vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS, PELICAN BAY STATE PRISON, Legally Uninsured, Adjusted By STATE COMPENSATION INSURANCE FUND

This case involves a workers' compensation appeal where the employer sought reconsideration of a prior award. The primary issues were a clerical error in the temporary disability (TD) indemnity rate and the duration of TD benefits. The Board granted reconsideration to correct the TD rate to $601.67 and amended the TD period from August 12, 2011, to August 12, 2013, applying the 104-week limit under Labor Code section 4656(c)(2). The Board affirmed the finding that the injury was to the applicant's psyche.

Pelican Bay State Prisoncorrectional cook supervisorindustrial injurypsychehypertensiontachycardiatemporary disability indemnityLabor Code section 4656(c)(2)104 compensable weeksclerical error
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. ADJ2440131 (BAK 0144165)
Regular
May 21, 2009

BILLIEJEAN DEAN vs. BAKERSFIELD MEMORIAL HOSPITAL, SEDGWICK CMS

The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration because it was untimely filed. The defendant sought to amend a prior award to include a cumulative injury claim, but their petition was filed 67 days after the award was served, exceeding the statutory 20-day deadline. Even if considered on the merits, the Board found no good cause to set aside the parties' original stipulation which formed the basis of the award. The Board upheld the original award based on the binding nature of stipulations absent good cause.

Petition for ReconsiderationUntimely FilingStipulation AmendmentGood CauseCumulative InjuryPermanent DisabilityRegistered NurseWorkers' Compensation Appeals BoardAdministrative Law JudgeOfficial Address Record
References
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