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

Case No. MISSING
Regular Panel Decision

Claim of Estate of Seitz v. Jacobson & Co.

This appeal concerns the timeliness of a supplemental application for review in a workers' compensation death benefits claim. John Seitz, a sheet metal worker, died from asbestosis-related lung cancer. His surviving spouse filed for benefits but died before causality was established, leading a WCLJ to close the case. The decedent's estate sought to reopen the case, and although a WCLJ initially ruled the claim abated upon the spouse's death, the estate filed for Board review. After being granted an extension by the Board's Office of Appeals, the estate filed a supplemental application arguing for benefits under Workers' Compensation Law § 16 (4-b). However, a Board panel subsequently deemed this application untimely and denied the claim. The Appellate Court reversed, finding the Board abused its discretion by rejecting the application as untimely after granting an extension, and also noted the Board's unexplained departure from prior precedents. The case was remitted to the Workers’ Compensation Board for further proceedings.

Death Benefits ClaimSupplemental Application ReviewTimeliness of FilingAbatement of Death BenefitsWorkers' Compensation Law Section 16 (4-b)Appellate Division ReviewAbuse of DiscretionBoard PrecedentRemand for Further ProceedingsAsbestosis-related Cancer
References
7
Case No. ADJ515169 ADJ620656
Regular
Oct 04, 2017

SERGIO CHAIREZ vs. CHEROKEE BINDERY, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for PAULA INSURANCE

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, affirming the administrative law judge's finding that \$13.75 per hour was an adequate rate for home healthcare services. The Board found insufficient evidence that the applicant's spouse performed services requiring a higher Licensed Vocational Nurse (LVN) rate. However, the case was removed to the Appeals Board to return the issue of applicant's attorney's fees to the trial level for further proceedings and decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationHome Healthcare RateLicensed Vocational NurseCatheterizationHourly RateStipulated AwardAttorney's FeesRemovalDecision After Removal
References
5
Case No. ADJ16748364; ADJ16734273
Regular
Jun 18, 2025

PARK EDDY vs. ACTIVE CAPTIVE MANAGEMENT, ACCIDENT FUND INSURANCE COMPANY OF AMERICA

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The case involved an applicant who sustained industrial injuries and required overnight home healthcare. The central issue was whether the applicant's spouse was appropriate to provide this care. The Workers' Compensation Judge (WCJ) found that the spouse was capable and suitable, relying on their credible testimony and existing case law. The defendant challenged this finding, arguing insufficient medical evidence and questioning the spouse's ability while working. The Appeals Board affirmed the WCJ's decision, finding that the record supported the need for non-skilled attendant care and that the spouse was capable of providing it, noting that the spouse was not currently employed.

Petition for ReconsiderationLabor Code Section 5909Electronic Adjudication Management System (EAMS)Case EventsSent to ReconReport and RecommendationOvernight Nursing CareAttendant CareActivities of Daily Living (ADLs)Credibility Determinations
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
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. 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
Case No. ADJ8643967, ADJ10070125, ADJ10069887, ADJ10525090
Regular
Sep 28, 2018

Applicant vs. Calgary Flames, et al.

The Workers' Compensation Appeals Board denied an applicant's petition for removal of a prior order granting a continuance. The applicant, a hockey player alleging industrial injuries, claimed the continuance would cause significant prejudice and irreparable harm. However, the Board found that the applicant's attorney had filed a petition to withdraw, making the continuance necessary for the applicant to secure new counsel. Therefore, removal was deemed inappropriate and the petition was denied.

ADJ8643967ADJ10070125ADJ10069887ADJ10525090Santa Ana District OfficeCALGARY FLAMESOPINION AND ORDERDENYING PETITION FOR REMOVALworkers' compensation administrative law judgeWCJ
References
1
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