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

Case No. ADJ7650259

Regular

Aug 20, 2012

DARA HANRAHAN vs. CALIFORNIA HORSEMEN'S ALLIANCE, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, CHARTIS INSURANCE

This case involves a workers' compensation claim where the applicant, Dara Hanrahan, sustained an injury to her eye while working as an exercise rider. The defendant argued the injury did not qualify as "high-velocity" under Labor Code section 4656(c)(3)(F) due to a lack of velocity evidence. Medical reports documented a traumatic blowout fracture of the left orbit with significant soft tissue entrapment and residual symptoms, including diplopia and ongoing facial pain. The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the finding that the injury qualified for extended temporary disability benefits.

Workers' Compensation Appeals BoardDara HanrahanCalifornia Horsemen's AllianceInsurance Company of the State of PennsylvaniaChartis InsuranceADJ7650259Oakland District OfficePetition for ReconsiderationFindings Award and OrderAdministrative Law Judge

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. 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. ADJ209637 (WCK 0049849)

Regular

Jul 01, 2009

BETH WORDEN vs. HARRIET ANDERSON PAINTING, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration and rescinded the WCJ's Amended Findings and Award and order admitting exhibits. The Board found the WCJ improperly admitted evidence and failed to establish a proper record, a recurring issue from a prior remand. The case is returned to the trial level for further proceedings, including proper admission of evidence and a new decision with adequate evidentiary support and legal reasoning regarding the necessity of yard work as medical treatment.

WCABPetition for ReconsiderationFirst Amended Findings and Awardindustrial injuryapprentice painterpermanent disabilitymedical careyard workAppeals Board Rule 10859WCJ

References

Case No. ADJ7060020

Regular

May 11, 2015

JOSEFINA PAMPLONA vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured

The Workers' Compensation Appeals Board granted reconsideration of a decision that denied a claim for an applicant who was not found to be employed by LAUSD at the time of injury. The Board rescinded the original findings and returned the case for further proceedings. Key issues to be addressed include whether the injury is presumed compensable under Labor Code section 5402(b) due to the employer's failure to reject the claim within 90 days, and alternatively, the applicability of Labor Code section 3368 regarding student employees. The parties and WCJ must determine if the applicant was enrolled in a qualifying educational program as defined by statute.

Josefina PamplonaLos Angeles Unified School DistrictLabor Code section 3368work experience educationcooperative vocational educationcommunity classroomsstudent apprenticeship programDivision of Apprenticeship Standardsregistered student apprenticesLabor Code section 5402(b)

References

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DARA HANRAHAN vs. CALIFORNIA HORSEMEN'S ALLIANCE, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, CHARTIS INSURANCE

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

Nicholas Barragan vs. DPR Construction, National Union Fire Insurance

, 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.

BETH WORDEN vs. HARRIET ANDERSON PAINTING, STATE COMPENSATION INSURANCE FUND

WCABPetition for ReconsiderationFirst Amended Findings and Awardindustrial injuryapprentice painterpermanent disabilitymedical careyard workAppeals Board Rule 10859WCJ

JOSEFINA PAMPLONA vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured