, SCOTT BOWEN, vs. , TAYLOR CONTRACTING SERVICES, INC.; and TIG SPECIALTY INSURANCE COMPANY,
The WCAB denied reconsideration of the decision finding the applicant's average weekly earnings (AWE) to be $403.29. The WCJ's decision on AWE was upheld.
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The WCAB denied reconsideration of the decision finding the applicant's average weekly earnings (AWE) to be $403.29. The WCJ's decision on AWE was upheld.
Defendant Zurich North America sought reconsideration of a WCJ's decision awarding applicant benefits for injuries sustained as a carpenter. Zurich contested the date of injury, arguing it predated their coverage and denied due process by deferring this issue. The Appeals Board granted reconsideration, rescinded the WCJ's decision, and returned the case to the trial level. This action was taken because the WCJ failed to issue findings on all controverted issues, specifically the date of injury under Labor Code section 5412.
This case involved a carpenter, Jorge Mora, who sustained an industrial injury to his left hand while employed by CLP Resources, Inc. The Workers' Compensation Appeals Board (WCAB) affirmed the WCJ's prior decision finding that the injury was proximately caused by CLP Resources' serious and willful misconduct. The WCAB also upheld the WCJ's determination that the serious and willful misconduct claim was not barred by the statute of limitations. The defendant's petition for reconsideration was denied, affirming the original award of compensation and attorney's fees.
The Workers' Compensation Appeals Board (WCAB) rescinded an arbitrator's findings due to an incomplete record, specifically the absence of a Minutes of Hearing and Summary of Evidence. TIG Specialty Insurance Company sought reconsideration, arguing the arbitrator erred in asserting WCAB jurisdiction over a mandatory "carve out" program for carpenters. The WCAB remanded the case for the arbitrator to create a proper record and issue a new decision on the coverage dispute. Additionally, the Van Nuys District Office will consider the submitted Compromise and Release Agreement.
This case involved a workers' compensation claim for Wade Hoag, who sustained a severe injury resulting in paraplegia. The initial decision found the injury compensable but questioned the appropriateness of modifying the applicant's parents' home in Ohio for accommodation. The parties subsequently entered into a Compromise and Release agreement resolving all claims. The Appeals Board reviewed and approved this agreement, awarding the applicant $2,650,000.00, with a portion allocated for future medical treatment via a self-administered trust.
The applicant claimed an industrial injury on October 31, 2006, but the employer denied liability on January 4, 2007. Despite this denial, the applicant did not file an Application for Adjudication of Claim until September 10, 2009. The Board found the petition for reconsideration timely as it was filed within fifteen days of the defendant receiving the Findings and Award. Ultimately, the claim was dismissed as barred by the statute of limitations under Labor Code section 5405 because no benefits were provided after the denial and the application was filed more than one year after the denial.
The Workers' Compensation Appeals Board denied TIG Specialty Insurance Company's petition for reconsideration. TIG claimed its policy only covered non-carpenter employees at the LAUSD site. However, TIG failed to present the policy as evidence at either arbitration hearing. Therefore, the Board inferred the policy did cover the applicant's employment, upholding the arbitrator's decision.
This case concerns the Subsequent Injuries Benefits Trust Fund's (SIF) liability for an applicant's vocational rehabilitation counselor fees. The Appeals Board affirmed a prior award requiring SIF to reimburse a portion of the vocational expert's fees, despite SIF's arguments that it was not liable for such costs. The Board cited prior writ-denied cases and relevant statutes, including Code of Civil Procedure section 1028 and Labor Code section 5708, to support its decision.
This case concerns Larry Alves' claim for psychiatric injury following a physical injury sustained while employed for less than six months. The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior ruling favoring the applicant. The WCAB found the psychiatric claim barred under Labor Code § 3208.3(d) because the applicant's employment was too short and the injury was not caused by a "sudden and extraordinary" employment condition. The Board concluded that an injury from a falling truss, though unfortunate, is not extraordinary in construction work.
The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration as untimely, as it was filed 44 days after the deadline. The Board, however, corrected a clerical error in the original Findings and Award. The Judge had awarded $12,425.48 to a lien claimant, but the corrected award reflects the statutory limit of 24 chiropractic visits, along with physical therapy and acupuncture, totaling $3,740.61 based on expert testimony.
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