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

Case No. ADJ2408088 (LAO 0840556)
Regular
Nov 30, 2009

, 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.

Workers' Compensation Appeals BoardADJ2408088LAO 0840556Scott BowenTaylor Contracting ServicesInc.TIG Specialty Insurance CompanyOpinion and Order Denying ReconsiderationFindings of Fact and OrdersWorkers' Compensation Judge (WCJ)
References
Case No. ADJ9065210
Regular
Mar 08, 2016

WILLIAM JOHNS vs. BEN F. SMITH, AIG, ZURICH NORTH AMERICA

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 The Appeals Board granted reconsideration, rescinded the WCJ's decision, and returned the case to the trial level.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.

Workers' Compensation Appeals BoardPetition for RemovalPetition for ReconsiderationFindings and AwardIndustrial InjuryLumbar SpineRight HipBilateral KneesLower ExtremitiesCarpenter
References
Case No. ADJ6781238
Regular
Mar 08, 2013

JORGE MORA vs. CLP RESOURCES, INC., ESIS

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.

Workers' Compensation Appeals BoardSerious and willful misconductIndustrial injuryCarpenterLeft hand injuryStatute of limitationsCompromise and ReleasePetition for ReconsiderationFindings and AwardWCJ Report and Recommendation
References
Case No. ADJ2186877 (VNO 0533117)
Regular
Jun 29, 2010

JODY LATOUF vs. STUMBAUGH & ASSOCIATES, INC., TIG SPECIALTY INSURANCE COMPANY as Administered by RISK ENTERPRISE MANAGEMENT, LTD., STATE COMPENSATION INSURANCE FUND

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.

Workers' Compensation Appeals BoardIndustrial InjuryStumbaugh & AssociatesInc.TIG Specialty Insurance CompanyRisk Enterprise ManagementState Compensation Insurance FundLabor Code § 3201.5Carve Out ProgramAlternate Dispute Resolution
References
Case No. ADJ10274905
Regular
Feb 09, 2018

Wade Hoag vs. Greenwood Homes, Inc, Twin City Fire Insurance Company

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.

Workers' Compensation Appeals BoardWade HoagGreenwood HomesInc.Twin City Fire Insurance CompanyADJ10274905Opinion and Decision After Reconsiderationapprentice carpenterparaplegiaOhio residence modification
References
Case No. ADJ6925626
Regular
Jun 21, 2010

Nicholas Barragan vs. DPR Construction, National Union Fire Insurance

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.

Workers' Compensation Appeals BoardReconsiderationStatute of LimitationsLabor Code Section 5405Denial of LiabilityApplication for Adjudication of ClaimTimelinessFindings and AwardPetition for ReconsiderationIndustrial Injury
References
Case No. ADJ2186877 (VNO 0522117)
Regular
Jan 07, 2011

JODY LATOUF vs. STUMBAUGH & ASSOCIATES, INC., TIG SPECIALTY INSURANCE COMPANY as administered by RISK ENTERPRISE MANAGEMENT, LTD., STATE COMPENSATION INSURANCE FUND.

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.

Workers' Compensation Appeals BoardPetition for ReconsiderationArbitrator's ReportSite-Specific PolicyEvidenceCoverage IssueInferenceTIG Specialty Insurance CompanyStumbaugh & AssociatesInc.
References
Case No. SAC 0315585
Regular
Sep 18, 2007

Bradley Dorigo vs. State of California, Subsequent Injuries Benefits Trust Fund

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.

Subsequent Injuries Benefits Trust FundVocational rehabilitation expertLabor Code section 4751Compromise and releaseStipulated awardPermanent disabilityReimbursementWorkers' Compensation Appeals BoardAdministrative law judgeCode of Civil Procedure section 1028
References
Case No. ADJ3357383 (LAO 0845427)
Regular
Nov 26, 2013

LARRY ALVES vs. PANELIZED STRUCTURES, STATE COMPENSATION INSURANCE FUND

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.

Labor Code section 3208.3(d)psychiatric injurysudden and extraordinary employment conditionsix-month employment requirementfalling trusscarpenterconstruction workerpanelized structuresState Compensation Insurance FundWorkers' Compensation Appeals Board
References
Case No. ADJ2544321 (VNO 0546971)
Regular
Jan 04, 2010

PEDRO SERRATO vs. B & B DOORS & WINDOWS, INC., PRAETORIAN INSURANCE COMPANY C/O AMERICAN ALL RISK LOSS ADMINISTRATORS

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.

Workers' Compensation Appeals BoardPedro SerratoB & B Doors & WindowsPraetorian Insurance CompanyPacific Ortho & RehabilitationFindings and Awardclerical errorpetition for reconsiderationuntimelyLabor Code section 5903
References
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