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

Case No. ADJ3080847 (LBO 0340948), ADJ4148428 (LBO 0344716)

Regular

Dec 02, 2013

RICHARD SELLERS vs. ROCKVIEW FARMS, ARROWOOD INDEMNITY COMPANY, Administered by SEGWICK CMS

The Workers' Compensation Appeals Board affirmed a prior award granting Richard Sellers temporary disability indemnity for his bilateral knee and low back injuries sustained in 2001. The defendant challenged nearly three and a half years of this award, arguing the applicant reached permanent and stationary status earlier based on an Agreed Medical Examiner's (AME) opinion. However, the Board found the treating physician's opinion, supported by the successful surgical outcome, constituted substantial evidence of ongoing temporary disability. The Board was not bound by the AME's opinion, especially given discrepancies in findings and the eventual authorization of surgery that resolved the applicant's symptoms.

ADJ3080847ADJ4148428Rockview FarmsArrowood Indemnity CompanySegwick CMSRichard SellersPetition for reconsiderationFindings and Awardtemporary disabilitypermanent disability

References

Case No. ADJ3080847 (LBO 0340948) ADJ4148428 (LBO 0344716) ADJ1966195 (LBO 0306598)

Regular

Jun 17, 2016

Richard SELLERS vs. ROCKVIEW FARMS, ARROWWOOD INDEMNITY COMPANY

The Workers' Compensation Appeals Board denied a petition for reconsideration from Applicant's attorney, Mark Leeds, challenging the WCJ's division of attorney fees. Leeds argued he deserved a larger share of fees due to securing a significant retroactive temporary disability award, while his predecessor, Reino & Iida, played a minor role. The Board affirmed the WCJ's 55/45 split, finding both firms contributed to the award. The Board emphasized its discretion in determining reasonable fees, considering multiple factors beyond just results obtained.

Workers' Compensation Appeals BoardPetition for ReconsiderationAttorney FeesQuantum MeruitRetroactive Temporary Disability IndemnityPrimary Treating PhysicianAME PhysicianEDDSDI BenefitsUnjust Enrichment

References

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RICHARD SELLERS vs. ROCKVIEW FARMS, ARROWOOD INDEMNITY COMPANY, Administered by SEGWICK CMS

ADJ3080847ADJ4148428Rockview FarmsArrowood Indemnity CompanySegwick CMSRichard SellersPetition for reconsiderationFindings and Awardtemporary disabilitypermanent disability

Richard SELLERS vs. ROCKVIEW FARMS, ARROWWOOD INDEMNITY COMPANY