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

Case No. ADJ3237915 (LBO 0375567) ADJ2373677
Regular
Mar 04, 2011

SHERYL WILLIS vs. PINKERTON GOVERNMENT SERVICES, BROADSPIRE

The Workers' Compensation Appeals Board denied a petition for reconsideration concerning an Order Approving Compromise and Release (OACR). The applicant's attorney sought reconsideration based on an alleged inadvertent miscalculation of attorney fees, claiming a $750 award instead of the requested $900. The Board found the petition lacked statutory basis and failed to establish good cause, noting no allegations of fraud or mutual mistake. Furthermore, the attorney failed to provide required notice to the applicant regarding the adverse interest in seeking increased fees.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Approving Compromise and ReleaseAttorney FeesInadvertent MiscalculationCompromise and ReleaseMandatory Settlement ConferenceDisputed IssuesLabor Code Section 5903Good Cause Showing
References
Case No. ADJ14244909
Regular
Apr 25, 2025

YONGQUAN HU vs. AMERICAN ALLIANCE LOGISTICS, INC., LIANG YE, UNINSURED EMPLOYERS BENEFITS TRUST FUND

Applicant Yongquan Hu and defendant Uninsured Employers Benefits Trust Fund (UEBTF) both petitioned for reconsideration of an Amended Findings and Award. The WCJ's initial decision found an industrial injury resulting in permanent total disability and calculated average weekly earnings based on multiple employers. Applicant disputed the wage calculation method, while UEBTF identified an inadvertently omitted week of wages. The Appeals Board granted both petitions, adopting the WCJ's report and amending the decision to reflect corrected average weekly earnings of $1,462.15, leading to a temporary and permanent total disability rate of $974.77 per week.

Workers' Compensation Appeals BoardYongquan HuAmerican Alliance LogisticsInc.Uninsured Employers Benefits Trust FundAdjudication NumberVan Nuys District OfficeOpinion and OrderGranting Petitions for ReconsiderationDecision After Reconsideration
References
Case No. ADJ9196082 (MF) ADJ10238220
Regular
Oct 02, 2019

JOHN FORKNER vs. SOUTHERN CALIFORNIA EDISON

This case involves a request for additional attorney's fees under Labor Code § 5801 following an unsuccessful writ of review by Southern California Edison. The Appeals Board found the applicant's attorney's requested rate of $450/hour reasonable. Despite the sole appellate issue being the substantiality of a medical opinion, the Board deemed the case of above-average complexity due to extensive briefing and exhibits filed by both parties. Therefore, the Board awarded $18,000.00 in appellate attorney's fees.

Workers' Compensation Appeals BoardSouthern California EdisonPetition for Writ of ReviewLabor Code § 5801attorney's feesappellate attorney's feesAgreed Medical EvaluatorAMEabove average complexityfactual issues
References
Case No. ADJ569080 (LAO 0758470)
Regular
Feb 22, 2011

NORA E. RUBIO vs. JANE HOOK, ALLSTATE INSURANCE COMPANY, SPECIALTY RISK SERVICES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an order approving a $1,500,000 settlement, specifically to review the $375,000 attorney's fee. While affirming the overall settlement, the WCAB found the initial order lacked the required explanation for the substantial attorney fee. The matter is remanded to the Presiding Workers' Compensation Judge for further proceedings and a decision on the appropriateness of the attorney's fee. This decision acknowledges the case's above-average complexity, including extensive disputes over home care needs over nine years.

Workers' Compensation Appeals BoardCompromise and ReleaseAttorney's FeesStructured SettlementReconsiderationNotice of IntentionReport and RecommendationAbove Average ComplexityLabor Code Section 4906Policy and Procedural Manual
References
Case No. ADJ7166686
Regular
Jul 24, 2012

RICHARD ANDERSON vs. JAGUAR/LANDROVER OF VENTURA, COMPWEST INSURANCE COMPANY

This case involves an applicant who suffered a stroke and subsequent 100% permanent disability following surgery for an industrial shoulder injury. The defendant sought reconsideration, arguing for apportionment to pre-existing conditions and challenging the attorney's fee calculation. The Appeals Board affirmed the 100% permanent disability finding, finding no basis for apportionment as the applicant's pre-existing conditions did not cause the disability itself. However, the Board modified the attorney's fee award, requiring commutation using a specific method and a 3% cost of living adjustment, finding the previously assumed 4.6% to be speculative.

Workers Compensation Appeals BoardRichard AndersonJaguar/Landrover of VenturaCompwest Insurance CompanyADJ7166686ReconsiderationFindings and AwardIndustrial InjuryBrain InjuryNeurological System
References
Case No. ADJ6871855
Regular
May 17, 2010

ANAMARIA VITAL (Deceased) JAVIER VITAL, SR. vs. GOLDEN STATE FOODS, LIBERTY MUTUAL INSURANCE COMPANY

This case concerns the calculation of the average weekly wage for death benefits following the industrial death of Anamaria Vital. The applicant, Javier Vital Sr., contended the WCJ erred by calculating the wage based on a 52-week period instead of the decedent's earnings at the time of death, which included recent pay increases. The Appeals Board granted reconsideration, rescinded the WCJ's decision, and found the decedent's average weekly wage to be $1,912.04. This revised calculation entitles the applicant to the maximum rate for death benefits.

Anamaria VitalJavier Vital Sr.Golden State FoodsLiberty Mutual Insurance CompanyADJ6871855Petition for ReconsiderationInterim Findings and Awardmachine operatorindustrial injurydeath benefit
References
Case No. SDO 0312666
Regular
Jul 09, 2007

FELINO CARIASO vs. SOLAR TURBINES, INC.

The Workers' Compensation Appeals Board awarded applicant's counsel $5,000 in attorney's fees for responding to defendant's petition for writ of review, disallowing a portion of the requested hours and reducing the hourly rate from $275 to $250. The Board found the complexity of the issues and cited authorities to be of "average complexity." Additionally, $486.45 in costs were awarded for reproduction and binding of legal documents, supported by submitted bills.

Labor Code § 5801Labor Code § 5811Attorney's FeesCostsPetition for Writ of ReviewCourt of AppealRemandSupplemental AwardAppellate Attorney's FeesReasonable Hourly Rate
References
Case No. ADJ6790437
Regular
Jun 23, 2010

CHRISTOPHER PECKHAM (Dec'd) LISA FALVO-PECKHAM (Widow) vs. RESOLUTION LAW CORP AND REPUBLIC INDEMNITY CO. OF AMERICA

This case concerns a widow's petition for reconsideration of death benefits for her deceased husband. The applicant argued that death benefits should be annually adjusted based on the State Average Weekly Wage (SAWW), even if the decedent's actual earnings did not increase. The Workers' Compensation Appeals Board denied the petition, affirming the administrative judge's finding. The Board concluded that Labor Code section 4453(a)(10) only sets maximum rates and does not mandate automatic increases for death benefits beyond calculated average weekly earnings.

Workers' Compensation Appeals BoardDeath BenefitsPetition for ReconsiderationLabor Code Section 4453(a)(10)State Average Weekly Wage (SAWW)Earning CapacityStipulated AwardApplicant TestimonyExpert TestimonyFinancial Controller Testimony
References
Case No. AHM 0097527
Regular
Jun 04, 2008

WILLIAM DAVID SCOTT vs. DOWNEY UNIFIED SCHOOL DISTRICT

Following a remand from the Court of Appeal for an award of attorney's fees and costs, the Workers' Compensation Appeals Board awarded applicant's counsel $2,500 for appellate attorney's fees and $421.68 for costs. The Board found the requested 25 hours excessive for an answer of average complexity, awarding fees based on 10 hours at $250/hour, considering the attorney's experience, the results obtained, and the case's limited complexity. Costs for printing were allowed upon review of provided receipts.

Workers' Compensation Appeals BoardPetition for Writ of ReviewAttorney's FeesCostsLabor Code § 5801Labor Code § 5811Appellate Attorney's FeesReasonable Hourly RateCase ComplexityItemization
References
Case No. FRE 0193970
Regular
Aug 07, 2007

STEVEN L. SMITH vs. IMC CHEMICAL, INC.

The Court of Appeal remanded this case for the Appeals Board to award attorney's fees for responding to the defendant's petition for writ of review. The applicant's attorney requested $15,600 for 52 hours of work, citing extensive research and numerous case citations. The Appeals Board awarded $3,750, finding the requested amount excessive and deeming 15 hours at $250/hour reasonable for the slightly above-average complexity of the appellate issues.

WCABLabor Code § 5801Petition for Writ of ReviewAttorney's FeesFifth Appellate DistrictRemandSupplemental AwardPetition for ReconsiderationSubstantial EvidenceNovel Issue
References
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