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

Case No. ADJ4350009 (GOL 0097400)

Regular

Apr 09, 2018

NED PATTIZ vs. MTC TRUCKING, STATE COMPENSATION INSURANCE FUND, SUBSEQUENT INJURIES BENEFITS TRUST FUND

The Workers' Compensation Appeals Board granted reconsideration, rescinding the original findings. The Board agreed with the applicant that the Subsequent Injuries Benefits Trust Fund (SIBTF) entitlement and its credit rights should be determined concurrently. The prior decision had deferred the entitlement issue pending resolution of credit amounts. The case is returned for a new final decision that addresses all pending issues comprehensively.

Subsequent Injuries Benefits Trust FundSIBTFcreditCompromise and Release AgreementSocial Security disability benefitspermanent totally disabledPetition for ReconsiderationWCJAppeals Boardrescinded

References

Case No. ADJ4350009 (GOL 0097400), ADJ1791515 (GOL 0097890)

Regular

Jul 21, 2015

Ned Pattiz vs. MTC Trucking, Inc., State Compensation Insurance Fund

The Workers' Compensation Appeals Board rescinded the prior award and remanded the case, finding the original decision improperly merged permanent disability findings for two separate injuries. The Board clarified that permanent disability must be assessed separately for each distinct industrial injury, and apportionment to prior non-industrial factors must be thoroughly addressed. The WCJ also erred by not addressing apportionment when finding 100% permanent total disability, as apportionment is always required. Finally, the Board found no evidence supported the finding of injury to the applicant's bilateral upper extremities.

ApportionmentPermanent Total DisabilityCumulative TraumaSpecific InjuryAgreed Medical ExaminerVocational ExpertDiminished Future Earning CapacityNeuropsychological DeficitsOrthopedic ConditionsLabor Code section 4662

References

Case No. ADJ4350009 (GOL 0097400) ADJ1 791515 (GOL 0097890)

Regular

Sep 30, 2014

NED PATTIZ vs. MTC TRUCKING, INC., STATE COMPENSATION INSURANCE FUND

In *Pattiz v. MTC Trucking, Inc.*, the defendant sought reconsideration of a July 15, 2014 decision. The Workers' Compensation Appeals Board (WCAB) granted the petition for reconsideration. This action was taken to allow for further study of the factual and legal issues and to ensure a just and reasoned decision. All further filings must now be submitted in writing to the WCAB Commissioners' office.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting PetitionStatutory Time ConstraintsFactual IssuesLegal IssuesJust and Reasoned DecisionDecision After ReconsiderationOffice of the CommissionersElectronic Adjudication Management System

References

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NED PATTIZ vs. MTC TRUCKING, STATE COMPENSATION INSURANCE FUND, SUBSEQUENT INJURIES BENEFITS TRUST FUND

Subsequent Injuries Benefits Trust FundSIBTFcreditCompromise and Release AgreementSocial Security disability benefitspermanent totally disabledPetition for ReconsiderationWCJAppeals Boardrescinded

Ned Pattiz vs. MTC Trucking, Inc., State Compensation Insurance Fund

NED PATTIZ vs. MTC TRUCKING, INC., STATE COMPENSATION INSURANCE FUND