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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. ADJ 3006646 (GOL 0101478) ADJ 4273750 (GOL 0101479)
Regular
Dec 23, 2010

YOLANDA ROMO RODRIGUEZ vs. COUNTY OF SANTA BARBARA

Applicant Yolanda Romo-Rodriguez sought penalties under Labor Code § 132a, alleging the County of Santa Barbara discriminated against her by denying a 9/80 work schedule after her industrial injury. The WCJ denied the petition, finding no evidence applicant was singled out due to her injury, as others in her training class also worked 40-hour weeks. The employer demonstrated a business necessity for the 40-hour schedule due to call center performance demands. The Appeals Board denied reconsideration, upholding the WCJ's findings.

Labor Code section 132aDiscrimination9/80 work scheduleBusiness necessityReconsiderationPenaltiesFinding of FactIndustrial injuryLauher standardEligibility worker
References
Case No. ADJ1655785 (VNO 0546104)
Regular
Mar 02, 2012

DANIEL LYNN GORDON vs. COUNTY OF LOS ANGELES

The applicant, Daniel Lynn Gordon, sustained industrial injury to his cardiovascular and gastrointestinal systems as a deputy sheriff. The Workers' Compensation Appeals Board (WCAB) previously found 20% permanent disability after 80% apportionment. The applicant petitioned for reconsideration, arguing the WCJ erred in the 80% apportionment, specifically challenging the interpretation of "region of the body" under Labor Code section 4664(c)(1) and the method of combining awards rated under different schedules. After further review, the WCAB affirmed the WCJ's original findings and award, denying the applicant's petition.

ADJ1655785VNO 0546104Deputy SheriffCardiovascular injuryGastrointestinal injuryIndustrial injuryPetition for ReconsiderationFindings and AwardWorkers' Compensation Appeals BoardPermanent Disability
References
Case No. ADJ7485844, ADJ7485852
Regular
Nov 26, 2012

MDR-81 XYZZX vs. COUNTY OF LOS ANGELES DEPARTMENT OF HEALTH, TRISTAR RISK MANAGEMENT

The Workers' Compensation Appeals Board (WCAB) denied reconsideration of an award to an applicant who sustained injuries as a Public Health Nurse from 1991 to 1999. The applicant, proceeding pro per after dismissing her fourth attorney, contested issues including overpayment credits and the review of evidence. The WCAB adopted the findings of the Workers' Compensation Judge (WCJ), who found the applicant's contentions regarding the evidence and overpayment credits unpersuasive. The WCAB also suggested the applicant contact the Information and Assistance Officer for guidance on understanding the award and legal process.

Workers' Compensation Appeals BoardReconsideration DeniedPublic Health NurseDates of InjuryParts of Body InjuredFindings and AwardPetition for ReconsiderationApplicant in Pro PerAgreed Medical ExaminersTemporary Disability Indemnity
References
Case No. ADJ9349861
Regular
Aug 08, 2014

Ernest Millette vs. 81 Grand Holdings, Inc., dba California Rehabilitation, Illinois Midwest Insurance Agency, LLC on behalf of PROCENTURY INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the prior award of medical care. The Board adopted the judge's report which found the defendant's arguments regarding causation and utilization review (UR) to be unsupported by evidence. The judge admonished defendant's counsel for misstating the record and noted that the defendant failed to provide a clear basis for disputing causation or denying injury benefits within the required timeframes.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportSection 9792.9.1(b)(1)(C)Rule 9792.9.1(b)(1)(D)admonish counselmisstating evidencecausationspecific injuryoccupational therapist
References
Case No. ADJ2209668 (SJO 0241727)
Regular
Nov 09, 2010

CHARLES BEEM vs. CUPERTINO ELECTRIC, TIG SPECIALTY INSURANCE COMPANY

The Appeals Board granted the applicant's petition for reconsideration and affirmed the arbitrator's finding of 81% permanent disability, but deferred the issue of attorney's fee payment. The Board also denied the defendant's petition for reconsideration regarding the apportionment of psychiatric disability. The case is returned to the trial level to determine the prevailing party and how the attorney's fees should be paid.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardPermanent DisabilityAttorney's FeeLife PensionIndustrial InjuryCompensable ConsequencesPsychiatric InjuryApportionment
References
Case No. VNO 0408666
Regular
May 02, 2008

DONNA BRUSSEAU vs. RONALD SUE, M.D., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, Fremont Compensation Insurance Company

This case concerns an applicant's petition for reconsideration of a workers' compensation award, arguing she should have been found permanently totally disabled. The Board denied reconsideration, finding the applicant's petition timely filed due to substantial amendments to the original award which extended the filing period. The Board upheld the WCJ's findings of 80% permanent disability based on substantial medical evidence.

Workers Compensation Appeals BoardPetition for ReconsiderationFirst Amended Findings Award and OrderApplicantIndustrial InjuryUpper ExtremitiesShouldersNeckCervical SpineHands
References
Case No. ADJ3512719 (VNO 0375380) ADJ2236766 (VNO 0422641)
Regular
Dec 21, 2012

VERNON KASTNER vs. MCMAHAN'S FURNITURE, HIH INSURANCE, In Liquidation, CIGA Adjusted By INTERCARE INSURANCE SERVICES

The Workers' Compensation Appeals Board granted reconsideration and affirmed its prior decision, with amendments. The Board clarified the reasonable value of applicant's attorney's services at $17,300.00, payable from the permanent disability award. The award includes $117,360.00 for 81% permanent disability, less advances and attorney fees, followed by a weekly life pension.

WCABReconsiderationPermanent DisabilityApportionmentAttorney's FeesLife PensionCIGAHIH InsuranceIntercareIndemnity
References
Case No. SRO 0133914
Regular
Jan 16, 2008

JUAN PRADO vs. JOINT INDUSTRY BOARD, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to amend a prior decision, increasing applicant's permanent disability rating from 81% to 85.5% due to error in apportionment and a lack of substantial evidence. The Board found that the defendant failed to prove apportionment of the applicant's disability to a prior injury. Consequently, the applicant was awarded a life pension, which was an oversight in the original decision.

Workers' Compensation Appeals BoardJoint Industry BoardState Compensation Insurance Fundcarpenter's assistantindustrial injurypermanent disabilityapportionmentunreasonable delaypenaltyCompromise and Release
References
Case No. ADJ1508875
Regular
Sep 16, 2019

DERRELL FELDMAN vs. CRITCHFIELD MECHANICAL, ENSTAR U.S., INC., O.C. MCDONALD, TRAVELERS INDEMNITY COMPANY OF CT, PARAGON MECHANICAL, INC., STATE COMPENSATION INSURANCE FUND

This Workers' Compensation Appeals Board case involved applicant Derrell Feldman and multiple defendants. The Board granted reconsideration of a prior decision. The amended decision affirmed the original ruling but increased the applicant's attorney fees to $10,432.80. Additionally, the award for permanent disability indemnity was adjusted, and the attorney fees were ordered payable directly to the applicant's counsel.

Workers' Compensation Appeals BoardPetition for ReconsiderationDecision After ReconsiderationWCJ's reportSeabright Insurance CompanyPermanent disability indemnityLabor Code Section 4658(d)Attorney feesADJ1508875Critchfield Mechanical
References
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