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

Case No. ADJ4141364 (MON 0148578) ADJ1953565 (MON 0155282) ADJ773621 (MON 0199028)
Regular
Jun 01, 2009

Deborah Gross (Butler) vs. MCDONNELL DOUGLAS; CIGA through its servicing facility, CAMBRIDGE INTEGRATED SERVICES GROUP, for FREMONT for INDUSTRIAL INDEMNITY, in liquidation, The Boeing Company c/o AIG Claims Services

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, affirming the judge's findings on three industrial injuries to her neck, shoulder, and back. The Board dismissed "The Boeing Company's" petition for reconsideration because it was unverified and because Boeing was not currently a party aggrieved by an award. The applicant's arguments regarding simultaneous permanency, disability reduction, and the application of medical opinions were rejected. The Board adopted the judge's report and reasoning in its decision.

Workers' Compensation Appeals BoardMcDonnell DouglasCIGAFremont Industrial IndemnityDeborah GrossPetition for ReconsiderationFindings and AwardsPermanent DisabilityCumulative TraumaBenson v. WCAB
References
2
Case No. SAC 0332085
Regular
Aug 04, 2008

ROCKY GRIMES vs. ENVIROCON, CIGNA

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, affirming the finding that the applicant sustained an industrial injury due to Valley Fever, as the defendant failed to timely deny the claim and did not present sufficient evidence to rebut the presumption of injury. The Board also dismissed the applicant's petition for reconsideration, stating that the applicant was not aggrieved by a final order, as the WCJ ruled in their favor regarding the industrial injury. The defendant was admonished for attempting to introduce new evidence after discovery had closed without proper acknowledgment.

Workers Compensation Appeals BoardIndustrial InjuryValley FeverCoccidioidomycosisLungsProstateTesticlesBrainHipsKnees
References
0
Case No. ADJ1811902 (SJO 0228410)
Regular
Oct 31, 2008

, Applicant, Dennis K. Allgood, vs. , DALEY'S DRYWALL & TAPING, INC., and STATE COMPENSATION INSURANCE FUND,

The Applicant sought reconsideration of a prior denial of his employer's petition, which had challenged a finding of $100\%$ permanent disability reduced by $10\%$ apportionment. The Applicant's new petition argued a substantial change in his medical condition, becoming paraplegic after the prior decisions, and also that the initial $90\%$ rating was an error. The Board denied the Applicant's petition, finding he was not aggrieved by the prior order and that the alleged new medical condition was a subsequent intervening event, not grounds for reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationSupplemental Findings and AwardPermanent DisabilityApportionmentNon-industrial injuryParaplegicTotal DisabilityNewly Discovered EvidenceLabor Code Section 5903(d)
References
0
Case No. MISSING
Regular Panel Decision

Hoover v. DiNapoli

Petitioner appealed a Supreme Court judgment that had granted his application to annul a determination by the Comptroller, which revoked his service credits with the New York State and Local Employees’ Retirement System. The Supreme Court ruled that the Comptroller's retroactive application of new regulations, classifying petitioner as an independent contractor rather than an employee for his work at Erie 1 BOCES, violated his due process rights. Despite having fully prevailed in the lower court and obtaining the requested relief—reinstatement of his service credit—petitioner lodged an appeal. The appellate court dismissed the appeal, determining that the petitioner was not an aggrieved party because he had already received the full relief sought, rendering his appeal moot.

Retirement BenefitsService Credit RevocationIndependent Contractor StatusDue Process ViolationCPLR Article 78 ProceedingRetroactive RegulationAppellate ProcedureAggrieved Party DoctrineNew York State LawPublic Employment
References
6
Case No. ADJ689141 (VNO 0427602)
Regular
May 09, 2013

CHERYL CORRAL vs. COUNTY OF LOS ANGELES, DEPARTMENT OF SOCIAL SERVICES

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, adopting the WCJ's reasoning. Simultaneously, the Board dismissed the defendant's petition for reconsideration. This dismissal was based on the defendant not being an aggrieved party by the WCJ's decision. The outcome was the denial of the applicant's reconsideration request and the dismissal of the defendant's reconsideration request.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationDENIEDDISMISSEDaggrievedWCJ's decisionLab. Code§ 5900Mullen & Filippi LLPDaniel Anaya
References
1
Case No. SJO 0233656
Regular
Sep 25, 2007

CHRIS IRVIN vs. ABTECH SYSTEMS, ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration as he was not aggrieved by the original award. The Board granted the defendant's petition, finding that they unreasonably delayed authorizing the applicant's pain management program. The original award was affirmed with amendments to reflect the unreasonable delay in treatment and to reserve jurisdiction for determining the penalty amount.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardPermanent DisabilityApportionmentLabor Code Section 5814PenaltyMedical Treatment1997 Schedule2005 Schedule
References
7
Case No. ADJ1054155 (LAO 0854446) ADJ1247741 (LAO 0854447) ADJ1895803 (LAO 0854448)
Regular
May 03, 2011

HIRITI OKUAMICHAEL vs. PAUL OWENS SHOES INC., STATE FARM FIRE AND CASUALTY COMPANY, STATE COMPENSATION INSURANCE FUND

This amended order clarifies that the Workers' Compensation Appeals Board has granted the applicant's petition for reconsideration of the February 8, 2011 Findings and Awards. This reconsideration aims to allow the Board to thoroughly study the factual and legal issues, including those to be raised in the applicant's supplemental petition. The applicant's request to file a supplemental petition has also been granted and reaffirmed. All future communications regarding these cases should be directed to the Office of the Commissioners of the WCAB.

Supplemental PetitionReconsiderationAppeals Board Rule 10848Findings and AwardsDecision After ReconsiderationOffice of the CommissionersWCABADJ1054155ADJ1247741ADJ1895803
References
0
Case No. ADJ9016733
Regular
May 03, 2016

TYSON CONGER vs. CARE AMBULANCE, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration of a prior award concerning industrial injuries to his low back and psyche. The applicant argues the original findings did not properly weigh evidence and support a higher permanent disability rating. The Board also permitted the applicant to file a supplemental petition to address new information, allowing defendants an opportunity to respond. Reconsideration was granted to ensure a complete review of the record and a just decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationSupplemental PetitionEmergency Medical TechnicianLow Back InjuryPsyche InjuryTemporary DisabilityFuture Medical TreatmentPermanent DisabilityApportionment
References
1
Case No. VNO 0438915
Regular
Oct 23, 2008

Applicant vs. University of Southern California

This case concerns an applicant's Petition for Reconsideration of a WCAB decision denying injury claims against the University of Southern California (USC). The applicant alleged a physical altercation with his supervisor, Mr. Pickering, during a meeting on September 20, 2001, which he claims caused various injuries. However, the WCJ found the applicant lacked credibility due to inconsistencies in his testimony and failure to report the incident promptly. The WCJ relied on testimony from witnesses who stated Mr. Pickering merely touched the applicant's shoulders and noted the applicant's history of prior injuries and medical issues not fully disclosed.

WCABPetition for ReconsiderationUniversity of Southern CaliforniaBiological Safety Specialistspecific injuryanimositycredibility issuesshoulder touchingprior injurieshypertension
References
0
Case No. ADJ6958416
Regular
May 19, 2011

Norma Zell vs. ALAMEDA COUNTY, SEDGWICK CMS

The Workers' Compensation Appeals Board granted the applicant's first petition for reconsideration, amending the original award to increase her permanent disability rating from 20% to 24% based on corrected medical calculations. The Board denied the applicant's second petition for reconsideration regarding her left wrist injury, adopting the judge's reasoning that it was not a compensable industrial injury. The original finding of a cumulative industrial injury to the right wrist during her employment as a deputy sheriff was affirmed. The award was amended to reflect the 24% permanent disability rating and adjusted attorney fees.

Workers' Compensation Appeals BoardCumulative Industrial InjuryRight Wrist InjuryDeputy SheriffPermanent Disability RatingAMA GuideWhole Person ImpairmentPetition for ReconsiderationFindings and AwardDecision After Reconsideration
References
0
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