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

Case No. ADJ3099810 (LAO 0759689)
Regular
Jan 25, 2012

TERRI ANN MCKENNA, EDDIE MCKENNA (Deceased) vs. CITY OF TORRANCE

This is an order from the Workers' Compensation Appeals Board (WCAB) denying a Petition for Removal in the case of Eddie McKenna (Deceased) and Terri Ann McKenna versus the City of Torrance. The WCAB adopted and incorporated the reasoning provided by the workers' compensation administrative law judge in their report. Therefore, the petition for removal is denied. The order was dated and filed on January 25, 2012.

McKennaTerri AnnCity of TorrancePetition for RemovalDeniedWCJ reportWorkers' Compensation Appeals BoardADJ3099810ADJ1244172LAO 0759689
References
Case No. ADJ10452924
Regular
Sep 05, 2018

ANN MALESZA vs. MARIN WALDORF SCHOOL, CHURCH MUTUAL INSURANCE COMPANY

This case involves a dispute over temporary disability indemnity for Ann Malesza, who claimed injury to her heart and psyche. The defendant sought to limit temporary disability to 4-6 weeks, challenging the reliance on Dr. Taylor's psychiatric evaluation. The Appeals Board affirmed the WCJ's award of up to 104 weeks of temporary disability. This decision was based on Dr. Taylor's finding that the applicant was unable to work due to severe anxiety and phobia of returning to a stressful environment, which the Board deemed substantial evidence. The defendant's inability to provide a stress-free work environment does not relieve their liability for temporary disability.

WCABAnn MaleszaMarin Waldorf SchoolChurch Mutual Insurance CompanyADJ10452924Opinion and Decision After ReconsiderationFindings and AwardWCJAOE/COEheart injury
References
Case No. ADJ630889 (MON 0279182)
Regular
Dec 28, 2012

BARBARA ANN SHANN vs. CEDARS SINAI, TRISTAR RISK MANAGEMENT

This case involves Barbara Ann Shann seeking workers' compensation benefits from Cedars Sinai and Tristar Risk Management. The Workers' Compensation Appeals Board denied Shann's request for reconsideration of a prior decision. The order indicates the Board found no grounds to overturn its initial ruling regarding her claim.

WORKERS' COMPENSATION APPEALS BOARDBARBARA ANN SHANNCEDARS SINAITRISTAR RISK MANAGEMENTADJ630889ADJ224692ADJ3805845ORDER DENYING RECONSIDERATIONMON District Office
References
Case No. ADJ2504554 (VNO 0477523)
Regular
Sep 26, 2014

KIM ANNE PETTY vs. STEIN MART, INC., ARROWPOINT CAPITAL

The Workers' Compensation Appeals Board (WCAB) has granted the applicant Kim Anne Petty's Petition for Reconsideration of a July 21, 2014 decision. This reconsideration is necessary to allow the Board further time to thoroughly study the factual and legal issues involved. The WCAB aims to gain a complete understanding of the record to issue a just and reasoned decision. Pending this, all future filings must be submitted in writing directly to the Office of the Commissioners.

Workers' Compensation Appeals BoardPetition for ReconsiderationDecision After ReconsiderationElectronic Adjudication Management SystemADJ2504554VNO 0477523Stein MartInc.Arrowpoint CapitalKim Anne Petty
References
Case No. ADJ1455856
Regular
Aug 24, 2012

GUILLERMO HERNANDEZ vs. SPIESS CONSTRUCTION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration of a finding of 79% permanent disability. The Board found the applicant's vocational expert's opinions regarding diminished future earning capacity unsubstantiated. Consequently, the Board amended the award to reflect 37% permanent disability based on a prior stipulation, and removed any apportionment to non-industrial factors due to lack of substantial medical evidence from the defendant.

WCABSpiess ConstructionState Compensation Insurance FundGuillermo HernandezADJ1455856GRO 0032468ReconsiderationPermanent DisabilityDiminished Future Earning CapacityDFEC
References
Case No. ADJ1252927 (GRO 0027206)
Regular
Apr 16, 2013

DINA VILLAREAL vs. BEBE FARMS, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) denied reconsideration of its prior decision that found the applicant 100% permanently disabled. The defendant argued that the vocational expert's opinion was not substantial evidence and requested the case be remanded for further development of the record. However, the WCAB affirmed that parties must diligently develop the record before discovery closes, and it is not the Board's role to supplement a party's deficient evidence. Substantial evidence in the existing record supported the permanent total disability finding.

WORKERS' COMPENSATION APPEALS BOARDADJ1252927GRO 0027206Dina VillarealBebe Farms Inc.State Compensation Insurance FundReconsideration DeniedPermanent Total DisabilityVocational ExpertAnn Wallace PhD
References
Case No. GRO 32009
Regular
Jan 04, 2008

TEMICKA WILLIAMS vs. COMPASS HEALTH, INC., CNA CLAIMS PLUS

The Workers' Compensation Appeals Board affirmed a 19% permanent disability rating for an industrial injury sustained on October 25, 2004, ruling the 2005 Permanent Disability Rating Schedule applies. The Board also found applicant's vocational expert's testimony insufficient to rebut the rating and that the defendant is not liable for the expert's trial testimony costs. However, the Board remanded the issue of the vocational expert's lien for further determination of its reasonableness and necessity.

Workers' Compensation Appeals BoardPermanent Disability Rating Schedule (PDRS)vocational expertdiminished future earning capacity (DFEC)Labor Code section 4660Dr. Anne Wallacelienreasonableness and necessitymedical-legal costsexpert testimony
References
Case No. ADJ8025362
Regular
Apr 20, 2015

JOHN WALLACE vs. PHOENIX SUNS, TIG INSURANCE

The Workers' Compensation Appeals Board reversed a prior ruling, finding California lacks sufficient connection to a professional basketball player's cumulative injury claim. The Board held that playing a small percentage of games in California and receiving minor medical treatment does not establish a legitimate and substantial interest for the state to exercise jurisdiction, citing the *Federal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)* precedent. Consequently, the applicant takes nothing on his claim.

Workers' Compensation Appeals BoardPhoenix SunsTIG InsuranceJohn WallaceLabor Code Section 3600.5(b)Federal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)jurisdictionprofessional athletecumulative industrial injurylegitimate and substantial connection
References
Case No. ADJ7751160
Regular
Jun 26, 2012

WALLACE MANNS vs. AMERICAN LABOR POOL, OLD REPUBLIC GENERAL INSURANCE CORPORATION

This case concerns a worker's compensation claim for an inguinal hernia sustained prior to a layoff. The employer argued the claim was barred by Labor Code section 3600(a)(10) as it was filed after notice of termination. The Appeals Board granted reconsideration, finding the Administrative Law Judge erred by requiring proof of retaliatory intent. The Board rescinded the original finding, concluding the post-termination defense applied as no exceptions under the statute were met. The applicant's claim was therefore barred.

Workers' Compensation Appeals BoardWallace MannsAmerican Labor PoolOld Republic General Insurance CorporationADJ7751160Riverside District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWCJ
References
Case No. GRO 031512; GRO 031648 GRO 033806; GRO 033807 GRO 033808
Regular
Mar 18, 2008

SHEILA M. PASQUA vs. ERNIE BALL, INC. \& PALADAR MFG. I; CIGA/CASUALTY RECIPROCAL EXCHANGE

The applicant sought reimbursement for services from Wallace & Associates, claiming it was a reasonable cost under Labor Code section 5811. The Appeals Board affirmed the WCJ's finding that the defendant was not liable for this bill. The applicant failed to prove the services were reasonable and necessary, especially given the stipulation to use the 1997 rating schedule, rendering the evidence's purpose unclear.

Workers' Compensation Appeals BoardPetition for ReconsiderationIndustrial InjuryPermanent Disability Rating ScheduleLabor Code section 5811Reasonable CostsWallace & AssociatesCosta v. Hardy DiagnosticMedical-Legal CostsVocational Rehabilitation Expert
References
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