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

Case No. ADJ4641554 (SAL 082653)
Regular
Sep 04, 2014

SUSAN LOCEY (deceased), DIRK LOCEY (husband) vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS & REHABILITATION

This case involves a petition for reconsideration of decisions regarding an injured correctional officer, Susan Locey. The Workers' Compensation Appeals Board (WCAB) rescinded the administrative law judge's (WCJ) findings, remanding the case for further development of the record. While the WCAB upheld the finding of total permanent disability accrued before the employee's death, it found insufficient evidence for an additional temporary disability period and a need for further proceedings to apply Labor Code section 4700 regarding dependents. The WCAB also confirmed that any future temporary disability indemnity must be adjusted per section 4661.5.

Workers' Compensation Appeals BoardSusan LoceyDirk LoceyState of California Department of Corrections & Rehabilitationlegally uninsuredOpinion and Decision After Reconsiderationstipulated awardindustrial injurycorrectional officertemporary disability
References
Case No. ADJ3598646 (LAO 0800753)
Regular
Oct 27, 2014

THEMAS BERGE vs. UNION BANK OF CALIFORNIA, ZURICH AMERICAN INSURANCE COMPANY

This case involved a petition for reconsideration by applicant Themas Berge. The Workers' Compensation Appeals Board (WCAB) granted reconsideration and affirmed the original decision of August 22, 2014. However, the WCAB amended Finding of Fact No. 4 to detail specific periods of compensable temporary disability. Crucially, the amended finding clarifies the weekly payment rates for temporary disability, specifying that payments within two years of injury were at $490.00, and any currently accrued, unpaid temporary disability is payable at $597.86.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportDecision After ReconsiderationTemporary DisabilityCompensable PeriodsMaximum RateAccrued UnpaidApplicantUnion Bank of California
References
Case No. SAC 0269325
Regular
Jan 09, 2008

Jason Tillery, Aaron Tillery vs. CRANSTON STEEL STRUCTURES, LABOR READY, REGION INSURANCE COMPANY

This case involves the deceased worker Stephen Tillery's heirs, Jason and Aaron Tillery, seeking reconsideration of a decision denying them increased compensation due to the employer's serious and willful misconduct. The Appeals Board granted reconsideration, overturning the prior ruling that non-dependent heirs could not recover such benefits, and awarded the heirs $204,366.08 plus costs, less a 30% attorney's fee. The Board clarified that accrued and unpaid compensation, including increased benefits for serious and willful misconduct, passes to the deceased employee's heirs under Labor Code sections 4700 and 4702.

Workers' Compensation Appeals BoardSerious and Willful MisconductNon-dependent heirsIncreased compensationPetition for ReconsiderationLabor Code section 4700Labor Code section 4702Death benefitsAccrued and unpaid compensationAttorney's fee
References
Case No. ADJ6676904
Regular
May 26, 2010

LOUIS BULLARD vs. CLEVELAND BROWNS, SEATTLE SEAHAWKS, Baltimore Ravens

This case involves a professional athlete claiming workers' compensation injuries from two NFL teams. The Appeals Board granted the defendant's petition for removal after the applicant's death during the pendency of the case. The trial date was vacated, and the matter was returned to the trial level for a priority conference. This is due to the need to address accrued benefits payable to dependents and to potentially identify and join them as parties.

Petition for RemovalWorkers' Compensation Appeals BoardProfessional AthleteMandatory Settlement ConferenceContinued to TrialJoinder as Party-DefendantFurther DiscoveryApplicant's DeathAccrued and Unpaid BenefitsSurviving Dependents
References
Case No. ADJ2704105
Regular
Aug 02, 2013

RACHEL ALEXANDER vs. SUPERIOR COURT OF CALIFORNIA

The Appeals Board rescinded the WCJ's dismissal of Rachel Alexander's workers' compensation case, which occurred before a merits adjudication due to her death. The Board held that the deceased applicant's death does not prevent the determination of accrued benefits for dependents or heirs under Labor Code section 4700. Dismissal without an evidentiary hearing violated due process, as workers' compensation proceedings do not allow for summary judgment motions. The case was returned for further proceedings and a decision on the merits.

Workers' Compensation Appeals BoardReconsiderationDismissalDue ProcessLabor Code section 3202Labor Code section 4700Accrued and unpaid benefitsInjury to respiratory systemInjury to internal systemsHeadaches
References
Case No. ADJ10147616
Regular
Nov 28, 2018

ERIC BRUNELL vs. GRAYHAWK AUTOGLASS, THE HARTFORD

The applicant sought reconsideration of a Workers' Compensation Appeals Board decision that found industrial injury to his ankle and spine but not his foot, resulting in 14% permanent disability. After reconsideration was granted, the applicant's attorney informed the Board of the applicant's death in January 2018, stating no accrued unpaid compensation was owed. Consequently, the Board vacated the reconsideration order and dismissed the applicant's petition as moot due to the death, but returned the matter to the trial level for further proceedings. This decision noted the lack of a death certificate and uncertainty regarding the notification of the death without dependents unit.

Workers' Compensation Appeals BoardReconsiderationIndustrial InjuryLeft AnkleLumbar SpinePermanent DisabilityFuture Medical TreatmentPetition for ReconsiderationApplicant DeathMoot
References
Case No. ADJ2120386 (RIV 0052440)
Regular
Aug 18, 2014

JEFF TURLEY vs. COUNTY OF RIVERSIDE

The Workers' Compensation Appeals Board denied the employer's petition for reconsideration, affirming that the applicant is entitled to permanent temporary disability benefits retroactive to October 19, 2006. The Board found that the employer failed to demonstrate the applicant returned to work or was offered a suitable position after his section 4850 benefits ceased. The applicant's recurrence of cancer, surgery, and subsequent industrial disability retirement supported his inability to return to work. Consequently, the applicant is also entitled to a ten percent penalty for the unpaid retroactive benefits.

Workers' Compensation Appeals BoardLabor Code section 4650(b)(2)Labor Code section 4850permanent disabilitytemporary disabilityPetition for ReconsiderationWCJ reportdocumentary evidenceapplicant returned to worksection 4850 benefits
References
Case No. ADJ8903621, ADJ8469820
Regular
May 22, 2015

ALICIA BRIGHT WALKER vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS, Permissibly Self-Insured

The Workers' Compensation Appeals Board granted reconsideration and rescinded a WCJ's award of attorney's fees. The Board found the WCJ erred in calculating the fee based on a combined disability rating from two separate injuries and on total permanent disability indemnity, rather than the amount accrued before the applicant's death. The matter was returned to the trial level for a proper determination of a reasonable attorney's fee based on accrued indemnity and consideration of the defendant's prior payments. The WCJ also erred by issuing a narrative award instead of findings on ultimate issues with a separate opinion.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardAttorney's FeePermanent Disability IndemnitySpecific InjuryCumulative InjuryCombined Values ChartAccrued CompensationDeath of Employee
References
Case No. ADJ6820900
Regular
Mar 02, 2011

YVES GOLDSTICKER vs. PACIFIC COVE DEVELOPMENT, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration of a prior decision, affirming penalties against the defendant for unpaid interest but amending the order regarding attorney's fees. The original order awarded penalties on unpaid interest and an attorney fee deducted from the applicant's award, which the applicant sought to increase. The Board found the WCJ's calculation of attorney's fees was unclear and deferred the issue of the fee amount for further proceedings. This return to the trial level is to allow for a proper calculation of the attorney's fee under Labor Code section 5814.5, based on time and effort expended.

Workers' Compensation Appeals BoardPacific Cove DevelopmentState Compensation Insurance FundADJ6820900Findings Award and OrderWCJPenaltiesUnpaid InterestLabor Code Section 5814.5Attorney's Fee
References
Case No. ADJ9942537
Regular
Dec 09, 2018

ANGELO RIOS vs. RUSHER AIR CONDITIONING, INSURANCE CO OF THE WEST SAN DIEGO

This case involves an applicant seeking workers' compensation benefits for an injury sustained during his unpaid lunch break. The Workers' Compensation Appeals Board granted reconsideration, reversing the prior decision that denied the claim. The Board found that the applicant's injury did not fall under the "going and coming" rule due to evidence that he was performing work-related tasks during his break, including taking work calls and researching for a bid. Furthermore, the Board determined the injury likely occurred after the unpaid lunch period concluded, extending into a paid break.

Going and coming ruledual purpose exceptioncourse of employmentscope of employmentAOE/COEpersonal comfort doctrinepaid breaksunpaid lunch breakassaultthird-party assault
References
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