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

Case No. VNO 0498694
Regular
Jan 28, 2008

MARTHA RAMIREZ vs. IN HOME SUPPORT SERVICES, STATE OF CALIFORNIA, DEPARTMENT OF SOCIAL SERVICES

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration regarding a credit for overpaid temporary disability benefits. The Board granted the defendant's petition, amending the prior decision to allow the $4,591.50 credit against future permanent disability payments, not future temporary disability, to prevent undue hardship on the applicant. The Board affirmed the application of the 2005 Schedule for rating the applicant's disability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardTemporary Disability IndemnityPermanent DisabilityCredit for OverpaymentPermanent and Stationary Date2005 Schedule1997 ScheduleLabor Code Section 4909
References
3
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. ADJ13319691
Regular
Apr 08, 2025

Chester Taylor vs. State of California, Department of Corrections Inmate Claims, State Compensation Insurance Fund

Applicant Chester Taylor sought commutation of benefits from December 13, 2024, to his life expectancy, claiming financial hardship and borrowing from his daughter. The Workers' Compensation Appeals Board (WCAB) denied his petition for reconsideration, affirming the presiding workers' compensation administrative law judge's (PWCJ) finding that the applicant failed to establish the necessity of commutation for his protection or best interest, as required by Labor Code section 5100(a). The WCAB also highlighted the lack of clarity regarding how commutation would not cause undue expense or hardship to the applicant, as per Labor Code section 5100(b). The decision underscored that the burden of proof rests with the applicant to demonstrate the need for commutation.

Workers' Compensation Appeals BoardPetition for ReconsiderationCommutation of BenefitsLabor Code Section 5100Discretion of WCABBurden of ProofStipulated Findings and AwardPermanent DisabilityInmate ClaimsState Compensation Insurance Fund
References
3
Case No. CV-24-0615
Regular Panel Decision
Feb 11, 2026

Matter of Jackson v. New York Foundling Hosp.

Claimant Nadine Jackson, a case planner, established a workers' compensation claim for bilateral carpal tunnel syndrome in 2011, leading to a permanent partial disability classification in 2014. After her wage loss benefits ended in June 2022, she sought an extreme hardship redetermination under Workers' Compensation Law § 35 (3), which was denied as untimely by a Workers' Compensation Law Judge. The Workers' Compensation Board affirmed this denial and also denied her application for reopening or rehearing due to a lack of new evidence or a material change in condition. The Appellate Division, Third Department, affirmed the Board's decision, finding the hardship application untimely as it was filed outside the statutory one-year window and that the reopening application lacked sufficient grounds.

Workers' CompensationPermanent Partial DisabilityWage Loss BenefitsExtreme HardshipRedeterminationTimelinessReopening ClaimRehearingCarpal Tunnel SyndromeAdministrative Appeal
References
9
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
Case No. ADJ6729105
Regular
Sep 16, 2009

, ## Applicant, vs. , ## Defendant(s).

The Workers' Compensation Appeals Board denied reconsideration of a ruling that utilization review for the applicant's shoulder surgery was timely. The applicant argued she did not receive the denial letter within the required timeframe, but the Board found that the denial was properly sent to the treating physician and carbon-copied to the applicant within the statutory period. The Board clarified that WCAB Rule 10505(d) regarding official address records did not apply at the time of the denial because no claim application was yet filed. Therefore, the carrier's obligation was to communicate the denial in writing within the specified time, which they did.

Workers' Compensation Appeals BoardCadbury SchweppesGallagher Bassett ServicesUtilization ReviewPetition for ReconsiderationApplication for Adjudication of ClaimWCAB Rule 10505(d)Labor Code Section 4610ArthroscopyBiceps Tenodesis
References
0
Case No. MISSING
Regular Panel Decision
Nov 09, 2001

Smith v. Potter

Plaintiffs sought a preliminary injunction to compel the United States Postal Service (USPS) to shut down and decontaminate the Morgan Processing and Distribution Center and to test all related postal facilities for anthrax due to contamination. The Court denied the application to shut down the Morgan Facility, finding that plaintiffs failed to meet the high standard for a mandatory injunction and that the balance of hardships tipped in favor of the defendant. The Court deferred to the scientific judgment of the Centers for Disease Control and Prevention (CDC), which concluded that the anthrax contamination no longer posed an imminent and substantial public health risk. However, the Court directed the USPS to immediately test the James A. Farley Station for anthrax and to conduct extermination services for a rodent problem at the Morgan Facility. The Court also ruled that sovereign immunity barred the plaintiffs' public nuisance claim seeking injunctive relief.

AnthraxBioterrorismPreliminary InjunctionRCRAPublic HealthCDCSovereign ImmunityPostal ServiceDecontaminationEnvironmental Law
References
14
Case No. ADJ1812731 (LBO 0352930), ADJ4306876 (LBO 0297758)
Regular
Mar 19, 2014

Applicant vs. Defendant

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration. The dismissal was based on the applicant's failure to file proof of service with the petition, a mandatory procedural requirement. Even if the merits were considered, the WCAB would have denied the petition based on the Judge's report. The applicant had sought reconsideration of a denial for a Petition to Reopen and claimed new and further disability.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition to ReopenFindings and OrderAgreed Medical EvaluatorNew and Further DisabilityTemporary DisabilityBad FaithProof of ServiceDismissal
References
0
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