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

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ7673518, ADJ7647749
Regular
Jan 23, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION / CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant sustained industrial injury to her neck. While the applicant testified to injuring her neck in a workplace incident and this was partially corroborated, the Board found insufficient evidence for other claimed injuries. The Board specifically disagreed with the administrative law judge's credibility assessment concerning the neck injury itself, relying on medical reports and testimony supporting the neck injury claim. The Board affirmed the denial of claims for all other alleged injuries, finding insufficient medical evidence to link them to the incident.

Petition for ReconsiderationFindings and OrderIndustrial InjuryNeck InjuryBack InjurySpine InjuryUpper ExtremitiesPsycheGastroesophageal SystemInternal System
References
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. ADJ2949384 (VNO 0519538)
Regular
Nov 29, 2016

JORGE L. COBIAN vs. WESLAR, INC., STATE COMPENSATION INSURANCE FUND

A lien claimant attorney sought reconsideration of an arbitrator's fee division order. The Workers' Compensation Appeals Board (WCAB) granted reconsideration because the arbitrator failed to timely submit the arbitration record as required by Rule 10865(f). The WCAB rescinded the original order and remanded the case for a new decision, emphasizing the arbitrator's future compliance with record submission rules or party reconstruction of the record if necessary.

Workers Compensation Appeals BoardPetition for ReconsiderationArbitrator's DecisionCarve-out ArbitrationAttorney Fee DivisionWCAB Rule 10865(f)Inadequate RecordRemandRescind DecisionReconstruct Record
References
Case No. ADJ7957617
Regular
Apr 18, 2017

JUANA CERNA vs. DELAWARE NORTH COMPANIES dba LOS ANGELES INTERNATIONAL AIRPORT, INC., NATIONAL UNION FIRE INSURANCE COMPANY/AIG administered by GALLAGHER BASSETT SERVICES

The applicant sought reconsideration of an order dismissing her case. The dismissal stemmed from an issue where her attorney's information was not correctly reflected in the EAMS system, listing him as a lien claimant instead of her attorney of record. The Workers' Compensation Appeals Board (WCAB) granted the petition for reconsideration, rescinded the dismissal order, and returned the case to the administrative law judge for further proceedings. This decision aligns with the judge's own recommendation, acknowledging the procedural error.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationOrder Dismissing CaseSubstitution of AttorneyEAMS address recordattorney of recordReport and RecommendationPetition be grantedOrder be rescindedDecision After Reconsideration
References
Case No. ADJ10065068
Regular
May 02, 2018

JOHN LAMBERT vs. COUNTY OF KERN

This case concerns a supplemental award of attorney's fees to the applicant's attorney. Following the denial of the defendant's Petition for Writ of Review by the Court of Appeal, the matter was remanded for this specific purpose. The applicant's attorney submitted a petition requesting \$9,765.00 for 27.9 hours of work at \$350 per hour in opposing the writ. Without objection from the defendant and after considering the reasonableness of the requested fees, the Appeals Board awarded the full \$9,765.00 in appellate attorney's fees.

Labor Code § 5801additional attorney's feessupplemental awardPetition for Writ of ReviewCourt of Appealappellate attorney's feestime loghourly ratecase-by-case basismerits of appellate work
References
Case No. ADJ4094302 (AHM 0101287)
Regular
Jun 08, 2010

ROBERT STAMPS vs. KENNY-SHEA-TRAYLOR-FRONTIER-KEMPER JOINT VENTURE; AIG SERVICES, INC.

This case concerns a supplemental attorney's fee award for the applicant's attorney, John M. Urban, under Labor Code §5801. The Court of Appeal denied the defendant's petition for writ of review, finding no reasonable basis and remanding for attorney's fees. Applicant's attorney requested $5400.00 for 18 hours of work at $300 per hour, which the Board found reasonable. The Board awarded the requested amount to John M. Urban against the defendant joint venture.

ADJ4094302SUPPLEMENTAL ATTORNEY'S FEESLABOR CODE §5801Court of Appeal Fourth Appellate Districtpetition for writ of reviewno reasonable basisremandattorney's feesapplicant's attorneyJohn M. Urban
References
Case No. ADJ3085614
Regular
May 21, 2009

Jose Ambriz vs. DESIGN SUPPORT, INC., ZURICH NORTH AMERICA

Defendant Design Support, Inc. and Zurich North America sought reconsideration after their Petition for Dismissal for Lack of Prosecution was denied for failure to serve the applicant's attorney of record. The Workers' Compensation Appeals Board denied reconsideration, adopting the judge's report. The judge found that the dismissal notice was not filed with the Board and the attorney remained listed as counsel of record. Therefore, service was required, and the original denial was proper.

Petition for ReconsiderationDismissal for Lack of ProsecutionService of ProcessApplicant's AttorneyWorkers' Compensation Appeals BoardOfficial Address RecordWCJ ReportFaxed NoticeEAMSExcess of Powers
References
Case No. ADJ2531693 (MON 0284829)
Regular
Feb 22, 2012

VIRGINIA SIEGEL vs. UNIVERSITY OF CALIFORNIA LOS ANGELES - EXTENSION DEPARTMENT BUSINESS, OCTAGON RISK SERVICES

This case involves the award of additional attorney's fees to applicant's counsel following a successful defense of a Petition for Writ of Review at the appellate level. The Court of Appeal had previously remanded the matter to the Workers' Compensation Appeals Board (WCAB) for the purpose of making this supplemental award. Applicant's attorney requested $2,400.00 for six hours of work at $400.00 per hour, plus $179.07 in costs. The WCAB found this amount reasonable given the attorney's extensive experience and the successful outcome. An award of $2,579.07 in appellate attorney's fees and costs was made against the defendant.

Labor Code § 5801Petition for Writ of ReviewCourt of AppealSupplemental Attorney's FeeAppellate Attorney's FeeRemandWorkers' Compensation Appeals BoardReasonable Attorney FeesLegal ServicesPetition for Award of Attorney's Fee
References
Case No. ADJ4348083 (VNO 0451349)
Regular
Nov 01, 2019

JUAN MALDONADO vs. HYDRO-MILL COMPANY, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration, rescinding the WCJ's order denying attorney fees on a late payment penalty. The WCJ failed to develop an adequate record for decision, necessitating a return to the trial level. Applicant's attorney claims entitlement to fees on the penalty paid to the applicant, arguing the statute doesn't prohibit it. However, the Board noted that entitlement under other provisions must still be shown, and procedural rule 10778 regarding notice to the applicant was also not met.

Attorney FeesLabor Code Section 4650(d)Petition for ReconsiderationWorkers' Compensation Appeals BoardWCJLate Payment PenaltyIndemnityAdverse InterestIndependent CounselWCAB Rule 10778
References
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