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

Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ6692231
Regular
Nov 23, 2016

DONALD BARNARD vs. SCHELLINGER CONSTRUCTION COMPANY, LINCOLN GENERAL INSURANCE COMPANY IN LIQUIDATION

The Appeals Board granted reconsideration to clarify the commencement date of permanent disability indemnity payments. Despite a previous finding incorporating a DEU commutation suggesting an April 15, 2014 start date, the Board ruled that Labor Code section 4650 dictates entitlement begins the day after temporary disability ends. Therefore, applicant is entitled to permanent disability payments starting October 2, 2010, with a 15% increase commencing sixty days after April 15, 2014. The matter is returned for further proceedings to adjust benefits and attorney fees accordingly.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderWCJDEU commutationpermanent disabilitycommencement dateretroactive benefitsLabor Code § 4650Brower v. David Jones Construction
References
Case No. ADJ7159838 ADJ7550047
Regular
Jul 29, 2014

ALMA PELAYO vs. ASSOCIATED LIEN SERVICES

Applicant Alma Pelayo sought reconsideration of a prior decision that found no violation of Labor Code section 132(a) and ordered her to take nothing further. Pelayo argued the judge erred in this finding and in failing to rule on the admissibility of her Exhibit 15. The Appeals Board granted reconsideration solely to admit Pelayo's Exhibit 15 and defendant's Exhibits A1, A2, and A3. The Board otherwise affirmed the original decision, meaning Pelayo still takes nothing further.

Workers' Compensation Appeals BoardLabor Code section 132(a)Findings and OrderPetition for ReconsiderationWCJApplicant's Exhibit 15Defendant's Exhibits A1A2A3admissible evidence
References
Case No. ADJ9890148
Regular
Feb 02, 2017

Timothy Bedford vs. CITY OF LOS ANGELES

This Workers' Compensation Appeals Board case denies reconsideration of a permanent disability rating. The Board affirmed the use of Figure 15-19 of the AMA Guides, finding it permissible to use any chapter or method within the Guides that most accurately reflects impairment. The Agreed Medical Evaluator's opinion was deemed substantial, as he explained how Figure 15-19 was used to derive a more accurate rating based on the applicant's specific spinal condition. The decision also distinguished the current case from prior panel decisions regarding the application of the AMA Guides and work limitations.

AMA Guidespermanent disability ratingrebuttable presumptionwhole person impairmentAlmaraz/Guzman IIclinical judgmentagreed medical evaluator (AME)Figure 15-19functional losssurgical-grade disc herniations
References
Case No. ADJ6467603
Regular
Apr 05, 2011

TOODY CLITES-PORTER vs. COUNTY OF KERN, SHERIFF'S DEPARTMENT

In this Workers' Compensation Appeals Board decision, the applicant sustained industrial injury to her cardiovascular system. The defendant employer's offer of regular work was found tardy by the WCJ, resulting in a 15% increase in permanent disability payments. However, on reconsideration, the Board amended the decision, finding the employer entitled to a 15% **decrease** in permanent disability payments. This was based on the employer making a timely offer of regular work within a reasonable time after receiving the permanent and stationary report, aligning with the statute's purpose of returning injured employees to work. The matter was returned to the trial level for recalculation of permanent disability indemnity and attorney's fees.

Permanent and stationary dateLabor Code section 4658(d)tardy offer of regular work15 percent decreasepermanent disability paymentsAdministrative Director Rule 10117(b)Ornelaz v. Albertson'sInc.Audiss v. City of Rohnert ParkAgreed Medical Evaluator (AME)
References
Case No. ADJ14797855
Regular
Sep 13, 2022

NONA EWELL vs. COUNTY OF LOS ANGELES SHERIFF'S DEPARTMENT, SEDGWICK CMS

This case involves Nona Ewell's claim for workers' compensation benefits against the County of Los Angeles Sheriff's Department for bilateral wrist injury. The Workers' Compensation Appeals Board denied Ewell's petition for reconsideration. The core issue was the retroactive period for temporary disability benefits, specifically April 8, 2021, through June 24, 2021. Although Ewell testified to working modified duties for about a week between April 8 and April 15/16, the WCJ ultimately awarded temporary disability for the entire period, allowing parties to adjust for time actually worked based on further proof.

Workers' Compensation Appeals BoardPetition for Reconsideration DeniedCustody AssistantBilateral WristsUpper ExtremitiesTemporary Total DisabilityModified Work OfferSection 4850 BenefitContinuous TraumaFindings of Fact and Award
References
Case No. ADJ3845798
Regular
Jan 30, 2009

APRIL EDSBERG vs. KAISER FOUNDATION HOSPITALS

This case involves a petition for reconsideration filed by defendant Kaiser Foundation Hospitals regarding a prior decision. The Workers' Compensation Appeals Board (WCAB) granted reconsideration. The WCAB determined that further study of the factual and legal issues is necessary to ensure a just and reasoned decision. Consequently, the WCAB will conduct further proceedings as it deems appropriate.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationKaiser Foundation HospitalsApril EDSbergADJ3845798SFO 0465253OPINION AND ORDERStatutory time constraintsFactual and legal issuesFurther proceedings
References
Case No. ADJ8075022
Regular
Jun 09, 2014

GUILLERMINA FIGUEROA vs. MARTIN RESORTS, INSURANCE COMPANY OF THE WEST

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for reconsideration of a prior decision. This action was taken due to statutory time constraints and an initial review indicating a need for further study of the factual and legal issues. The WCAB will conduct further proceedings to ensure a just and reasoned decision. All future filings must be submitted in writing to the WCAB Commissioners' office in San Francisco, not to any district office or e-filed.

Petition for ReconsiderationWorkers' Compensation Appeals BoardGUillermina FigueroaMartin ResortsInsurance Company of the WestADJ8075022San Luis ObispoApril 15 2014statutory time constraintsfactual and legal issues
References
Case No. VNO 0386181
Regular
Apr 05, 2007

SUSAN PASCALE vs. BLUE CROSS/WELLPOINT DENTAL, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION on behalf of FREMONT INDEMNITY

This case concerns applicant Susan Pascale's claim for workers' compensation benefits due to industrial injuries resulting in fibromyalgia and other conditions. The WCJ awarded 80% permanent disability, apportioning 20% to applicant's pre-existing personality traits based on medical opinions. The Appeals Board affirmed this decision, finding the apportionment was supported by substantial medical evidence of causation, as allowed by recent statutory changes.

Workers' Compensation Appeals BoardSusan PascaleBlue Cross/Wellpoint DentalCalifornia Insurance Guarantee AssociationFremont IndemnityVNO 0386181Opinion and Decision After ReconsiderationApplicantDefendantWCJ
References
Case No. ADJ7932962; ADJ7932963; ADJ11544304
Regular
Dec 12, 2019

APRIL TORRES vs. ASHLEY FURNITURE INDUSTRIES, ZURICH AMERICAN INSURANCE

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal, deeming it an extraordinary remedy not warranted in this case. The Board found no substantial prejudice or irreparable harm would result from denying removal, nor that reconsideration would be an inadequate remedy. The defendant's contention of abuse of discretion by the WCJ for not striking amended applications was rejected, as objections to these amendments remain available for trial. The defendant's claim of having no other remedy was also refuted, with the Board suggesting filing a new Declaration of Readiness to Proceed to Trial on all issues.

Petition for RemovalWorkers' Compensation Appeals BoardAshley Furniture IndustriesZurich American InsuranceApril TorresADJ7932962ADJ7932963ADJ11544304WCJMinute Order
References
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