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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. LBO 0360005
Regular
Jan 07, 2008

STEVEN PEDERSEN vs. AMERICAN CONTRACTORS, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board has granted reconsideration for Steven Pedersen's case against American Contractors, Inc. and State Compensation Insurance Fund. This decision was made to allow for a more thorough review of the factual and legal issues presented. The Board will conduct further proceedings to ensure a just and reasoned decision.

Petition for ReconsiderationWorkers' Compensation Appeals BoardGranting PetitionDecision After ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionReconsideration UnitFrank M. BrassRick-Dietrich
References
Case No. ADJ4702604 (MON 0293583) ADJ2539407 (MON 0293581) ADJ593062 (MON 0310215)
Regular
May 03, 2010

MARLU HARRIS vs. COUNTY OF LOS ANGELES, Permissibly Self-Insured, Administered By INTERCARE INSURANCE COMPANY, HEALTH NET, AIG

This case involves two alleged cumulative industrial injuries for Marlu Harris, one with Health Net and another with the County of Los Angeles. The Workers' Compensation Appeals Board (WCAB) granted reconsideration. The WCAB agreed with the WCJ's admission of error, concluding that based on Labor Code sections 5412 and 5500.5, only one cumulative trauma date of injury applies. This decision rescinds the previous award, finding that there was no compensable disability or wage loss during the Health Net employment to establish a separate injury date. The matter is returned to the trial level for further proceedings and a revised decision.

Workers' Compensation Appeals BoardMarly HarrisCounty of Los AngelesHealth NetAIGADJ4702604ADJ2539407ADJ593062ReconsiderationJoint Findings of Fact and Award
References
Case No. ADJ226519 (SDO 0302236) ADJ488924 (SDO 0329999)
Regular
May 23, 2011

Craig Stevens vs. PACIFIC BELL TELEPHONE COMPANY

In this Workers' Compensation Appeals Board case, the applicant, Craig Stevens, sought removal of an order continuing his case to a mandatory settlement conference. Stevens contended entitlement to temporary disability and spinal surgery, and alleged ex parte communication with the Agreed Medical Evaluator (AME), Dr. Harvey Wieseltier, necessitating his disqualification. The Appeals Board denied the Petition for Removal, adopting the WCJ's report and noting the petition was not correctly verified. The underlying issues of medical treatment and temporary disability remain for future proceedings.

Petition for RemovalExpedited HearingMandatory Settlement ConferenceTemporary Disability IndemnitySpinal SurgeryAgreed Medical EvaluatorDisqualificationEx Parte CommunicationLine InstallerIndustrial Injuries
References
Case No. ADJ7139856
Regular
May 26, 2015

GEORGE HARRIS vs. NUMACJ MECHANICAL, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied George Harris's petition for reconsideration of a decision that awarded him 65% permanent disability. The WCJ's report, which the Board adopted, found that Harris did not sustain injuries to numerous body parts claimed beyond those already admitted. While the WCJ's initial decision contained a clerical error regarding the date of injury, it was corrected to January 8, 2005, aligning with the evidence. The Board agreed with the WCJ's apportionment of permanent disability based on causation, as supported by medical evaluations.

Workers' Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeDate of InjuryPermanent DisabilityTotal Permanent DisabilityHVAC Service TraineeNumac MechanicalInc.State Compensation Insurance Fund
References
Case No. OAK 0340283
Regular
Jan 09, 2008

ROBERT KLINE vs. STEVEN OWENS, AIG CLAIMS

The Workers' Compensation Appeals Board granted reconsideration of an Order Approving Compromise and Release because a child support lien for $\$7,996.76$ was not resolved despite being filed before the settlement. Although the lien claimant's petition for reconsideration was deemed untimely, the Board treated a timely letter from the claims adjuster as a petition for reconsideration. The original order approving the settlement was rescinded and the case was returned to the trial level for further proceedings to address the outstanding lien.

Workers' Compensation Appeals BoardRobert KlineSteven OwensAIG ClaimsOAK 0340283Opinion and Order Granting ReconsiderationDecision After ReconsiderationLien ClaimantDepartment of Child Support ServicesCompromise and Release
References
Case No. ADJ2509226 [BAK 0133434] ADJ832665 [BAK 0133435] ADJ4381167 [BAK 0133436]
Regular
Sep 17, 2008

BEATRICE STEVENS vs. COUNTY OF KERN SHERIFF'S DEPARTMENT, KERN COUNTY RISK MANAGEMENT

The petition for reconsideration is denied based on review of the record and the WCJ's report. The WCJ's credibility finding is given great weight.

Workers Compensation Appeals BoardCounty of Kern Sheriff's DepartmentKern County Risk ManagementBeatrice StevensPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeReport and RecommendationJoint Findings Orders and AwardInjury to psycheHostile work environment
References
Case No. ADJ7476655
Regular
Mar 16, 2017

RAFAEL HERNANDEZ vs. HARRY MURPHY, INC.; UNITED STATES FIDELITY AND GUARANTY COMPANY, administered by YORK RISK SERVICES

This Workers' Compensation Appeals Board (WCAB) decision dismisses the applicant's Petition for Removal because reconsideration is the appropriate remedy for a final order imposing sanctions. The WCAB adopted the Workers' Compensation Judge's (WCJ) reasoning to deny the subsequent Petition for Reconsideration. Therefore, the applicant's request for removal was dismissed and their petition for reconsideration was denied.

Workers' Compensation Appeals BoardPetition for RemovalPetition for ReconsiderationWCJ reportFinal orderSubstantive rightLiabilityFindings and Order Imposing SanctionsSan Jose District OfficeYork Risk Services
References
Case No. EUR 0039401
Regular
Mar 19, 2008

ELENA HARRIS vs. COUNTY OF HUMBOLDT

The Workers' Compensation Appeals Board granted reconsideration for Elena Harris's case, rescinding the previous Findings and Award. The Board found it necessary to further develop the medical record, particularly Dr. Hutchinson's opinions on causation and apportionment, and to clarify the applicant's date of injury. The matter is remanded to the trial level for a new decision after these issues are addressed.

Workers' Compensation Appeals BoardPermissibly Self-InsuredSenior Real Estate AppraiserCumulative Trauma InjuryPsycheLabor Code Section 3208.3(h)Rolda v. Pitney BowesInc.Substantial Medical EvidencePost-Permanent and Stationary Events
References
Case No. ADJ2740563 (GRO 0027673) ADJ2522146 (GRO 0028098)
Regular
Mar 19, 2012

LINDA STEVENS vs. FEDERAL EXPRESS

Federal Express sought reconsideration of a WCJ's award to Linda Stevens for a psychological injury as a consequence of her prior orthopedic injuries, arguing insufficient medical evidence and improper diagnostic testing. The Workers' Compensation Appeals Board dismissed the petition as untimely filed. The Board found the petition was received by the Appeals Board on January 17, 2012, which was after the January 13, 2012 deadline for reconsideration following service on December 19, 2011. This procedural defect was jurisdictional, requiring dismissal regardless of the petition's merits.

Workers' Compensation Appeals BoardPetition for ReconsiderationIndustrial InjuryPsycheCompensable ConsequenceOrthopedic InjuryAgreed Medical ExaminerSubstantial Medical EvidenceTemporary DisabilityElectronic Adjudication Management System
References
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