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Case Law Database

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

Case No. ADJ4229205 (MON 0323976)

Regular

Aug 10, 2010

ADRINE GARABEDIAN vs. DR. DANIEL BOUDAIE, UNINSURED EMPLOYERS BENEFITS TRUST FUND

This case concerns an applicant claiming a psychiatric injury, with a prior WCJ finding the injury industrial but no good faith personnel action as a substantial cause. Due to a severely incomplete evidentiary record, including missing medical reports and hearing transcripts, the Appeals Board rescinded the prior findings. The matter is returned to the trial level for reconstruction of the entire record and a new decision by the WCJ. The Appeals Board expressed no opinion on the substantive issues of the claim.

Workers' Compensation Appeals BoardDecision After ReconsiderationIndustrial InjuryPsycheGood Faith Personnel ActionPetition for RemovalEAMS recordReconstitute RecordTrial Level ProceedingsFindings of Fact Rescinded

References

Case No. ADJ4229205 (MON0323976)

Regular

Oct 03, 2017

ADRINE GARABEDIAN vs. DANIEL BOUDAIE, an individual, dba DANIEL BOUDAIE, D.D.S., UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Workers' Compensation Appeals Board denied reconsideration of a prior award. The applicant's attorney fees under Labor Code § 5814.5 were determined in a 2013 award, which became final despite the exact amount being deferred for itemization. The Board found that the applicant was not seeking penalties more than two years from the due date, and therefore, Labor Code § 5814(g) did not apply to bar recovery. The prior award established a substantive right to attorney fees, and the reservation of jurisdiction for amount adjustment did not negate its finality.

WORKERS' COMPENSATION APPEALS BOARDPETITION FOR RECONSIDERATIONDENYWCJ REPORTADRINE GARABEDIANDANIEL BOUDAIEUNINSURED EMPLOYERS BENEFITS TRUST FUNDSECTION 5814(G)PENALTIESATTORNEY FEES

References

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ADRINE GARABEDIAN vs. DR. DANIEL BOUDAIE, UNINSURED EMPLOYERS BENEFITS TRUST FUND

ADRINE GARABEDIAN vs. DANIEL BOUDAIE, an individual, dba DANIEL BOUDAIE, D.D.S., UNINSURED EMPLOYERS BENEFITS TRUST FUND

WORKERS' COMPENSATION APPEALS BOARDPETITION FOR RECONSIDERATIONDENYWCJ REPORTADRINE GARABEDIANDANIEL BOUDAIEUNINSURED EMPLOYERS BENEFITS TRUST FUNDSECTION 5814(G)PENALTIESATTORNEY FEES