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

Case No. ADJ7432904
Regular
Sep 24, 2012

NEDA MOTAVAKEL vs. FANTASTIC SAM'S, TOWER SELECT INSURANCE CO., ILLINOIS MIDWEST INSURANCE AGENCY, LLP, STAR INSURANCE CO., ILLINOIS MIDWEST INSURANCE AGENCY, LLP, ENDURANCE WORKERS' COMPENSATION, SOUTHERN INSURANCE CO., FIRSTCOMP OMAHA

This case involves an appeal by Star and Tower Insurance Companies regarding a workers' compensation award. The primary issue is the applicant's average weekly earnings, specifically the inclusion of tip income, which was not adequately substantiated by documentary evidence. The Appeals Board found the initial decision lacked substantial evidence regarding earnings and rescinded the award. The matter is remanded for further proceedings to properly develop the evidentiary record on earnings and insurance coverage dates before a new decision is issued.

Workers' Compensation Appeals BoardNeda MotavakelFantastic Sam'sTower Select Insurance CompanyStar Insurance CompanyIllinois Midwest Insurance AgencyLLEndurance Workers' CompensationSouthern Insurance CompanyFirstComp Omaha
References
Case No. ADJ14244909
Regular
Apr 25, 2025

YONGQUAN HU vs. AMERICAN ALLIANCE LOGISTICS, INC., LIANG YE, UNINSURED EMPLOYERS BENEFITS TRUST FUND

Applicant Yongquan Hu and defendant Uninsured Employers Benefits Trust Fund (UEBTF) both petitioned for reconsideration of an Amended Findings and Award. The WCJ's initial decision found an industrial injury resulting in permanent total disability and calculated average weekly earnings based on multiple employers. Applicant disputed the wage calculation method, while UEBTF identified an inadvertently omitted week of wages. The Appeals Board granted both petitions, adopting the WCJ's report and amending the decision to reflect corrected average weekly earnings of $1,462.15, leading to a temporary and permanent total disability rate of $974.77 per week.

Workers' Compensation Appeals BoardYongquan HuAmerican Alliance LogisticsInc.Uninsured Employers Benefits Trust FundAdjudication NumberVan Nuys District OfficeOpinion and OrderGranting Petitions for ReconsiderationDecision After Reconsideration
References
Case No. ADJ8032573
Regular
Dec 11, 2012

MELVIN JONES vs. RGW CONSTRUCTION CO., OLD REPUBLIC GENERAL INSURANCE CORPORATION

This case concerns a dispute over the calculation of an injured construction laborer's average weekly earnings (AWW) for temporary total disability (TTD) benefits. The applicant sought TTD based on an AWW of $1,085.60, while the defendant proposed an AWW of $805.58. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, finding the applicant's earnings were irregular. The WCAB ultimately amended the original award, reducing the TTD rate to $537.05 per week based on an AWW of $805.58, applying Labor Code section 4453(c)(4) to reflect the applicant's actual earning capacity rather than a hypothetical full-time wage.

Labor Code section 4453(c)(4)average weekly earningsearning capacitytemporary disability indemnitycumulative traumaconstruction laborerbilateral kneesbilateral shouldersReconsiderationOpinion and Decision
References
Case No. FRE 0238073
Regular
Jan 25, 2008

DANIEL MALTOS vs. ULTIMATE STAFFING SERVICES, ZURICH AMERICAN INSURANCE COMPANY, NOVAPRO RISK SOLUTIONS INC.

The Workers' Compensation Appeals Board granted reconsideration of an award finding the applicant's average weekly earnings at $390.00. The Board amended the award to find average weekly earnings of $320.00, resulting in a temporary disability indemnity rate of $213.33 per week. This adjustment was made because the original calculation of $390.00 was not adequately supported by the evidence, though the Board affirmed the applicability of Labor Code section 4453(c)(1) for determining earnings.

Petition for ReconsiderationFindings and Awardtemporary disability indemnityaverage weekly earningsLabor Code section 4453(c)(1)Labor Code section 4453(c)(4)wage lossearning capacityprobationary periodintermittent employment
References
Case No. ADJ6871855
Regular
May 17, 2010

ANAMARIA VITAL (Deceased) JAVIER VITAL, SR. vs. GOLDEN STATE FOODS, LIBERTY MUTUAL INSURANCE COMPANY

This case concerns the calculation of the average weekly wage for death benefits following the industrial death of Anamaria Vital. The applicant, Javier Vital Sr., contended the WCJ erred by calculating the wage based on a 52-week period instead of the decedent's earnings at the time of death, which included recent pay increases. The Appeals Board granted reconsideration, rescinded the WCJ's decision, and found the decedent's average weekly wage to be $1,912.04. This revised calculation entitles the applicant to the maximum rate for death benefits.

Anamaria VitalJavier Vital Sr.Golden State FoodsLiberty Mutual Insurance CompanyADJ6871855Petition for ReconsiderationInterim Findings and Awardmachine operatorindustrial injurydeath benefit
References
Case No. ADJ6790437
Regular
Jun 23, 2010

CHRISTOPHER PECKHAM (Dec'd) LISA FALVO-PECKHAM (Widow) vs. RESOLUTION LAW CORP AND REPUBLIC INDEMNITY CO. OF AMERICA

This case concerns a widow's petition for reconsideration of death benefits for her deceased husband. The applicant argued that death benefits should be annually adjusted based on the State Average Weekly Wage (SAWW), even if the decedent's actual earnings did not increase. The Workers' Compensation Appeals Board denied the petition, affirming the administrative judge's finding. The Board concluded that Labor Code section 4453(a)(10) only sets maximum rates and does not mandate automatic increases for death benefits beyond calculated average weekly earnings.

Workers' Compensation Appeals BoardDeath BenefitsPetition for ReconsiderationLabor Code Section 4453(a)(10)State Average Weekly Wage (SAWW)Earning CapacityStipulated AwardApplicant TestimonyExpert TestimonyFinancial Controller Testimony
References
Case No. ADJ9622991
Regular
Dec 18, 2020

TYLER ROACH vs. ROYALTY AMBULANCE, INSURANCE COMPANY OF THE WEST

The applicant sought reconsideration of an administrative law judge's (WCJ) award concerning his average weekly earnings. The WCJ found applicant's earnings were $342.47 per week for temporary disability, which the Board affirmed. However, the Board granted reconsideration to re-evaluate average weekly earnings for permanent disability, acknowledging that this calculation can differ from temporary disability. The Board deferred the issue of permanent disability earnings, reserving jurisdiction for further proceedings.

Average weekly earningsEarning capacityTemporary disability indemnityPermanent disability indemnityPetition for reconsiderationFindings and awardAdministrative law judgeEmergency medical technicianActual earningsScheduled wage increase
References
Case No. ADJ8517780
Regular
Jun 03, 2013

DEANNA ROBBINS vs. SUSANVILLE ELEMENTARY SCHOOL DISTRICT

The Workers' Compensation Appeals Board denied the defendant school district's petition for reconsideration. The district challenged the calculation of the applicant's average weekly earnings, arguing her probationary status should reduce the figure. However, the Board affirmed the administrative law judge's finding, determining that the applicant's earnings capacity was properly calculated based on her actual earnings from multiple employers prior to the injury. The Board emphasized that earning capacity is a dynamic assessment, not limited to the applicant's immediate employment status.

Workers' Compensation Appeals BoardSusanville Elementary School DistrictDeanna RobbinsPetition for ReconsiderationFindings and Awardcumulative injuryupper extremitiesaverage weekly earningsearning capacityLabor Code section 4453(c)(4)
References
Case No. ADJ10092023
Regular
Apr 18, 2018

MARIA CERNA vs. ECKERT COLD STORAGE COMPANY, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Appeals Board granted reconsideration, rescinded the WCJ's decision, and returned the case to the trial level. The WCJ erred by including unemployment benefits in the applicant's average weekly earnings for permanent disability, as these are not considered earnings. Furthermore, the record was insufficient to determine the applicant's post-injury earning capacity, necessitating further development of evidence regarding her ability to perform offered full-time positions. The case will proceed for a new determination of the applicant's average weekly earnings and permanent disability rate.

Workers Compensation Appeals BoardApplicantDefendantFindings of FactOpinion on DecisionPetition for ReconsiderationAverage Weekly EarningsPermanent Disability IndemnityUnemployment BenefitsSeasonal Employment
References
Case No. ADJ1205641
Regular
Mar 26, 2012

TERESA EDGE vs. RALPH'S GROCERY STORE

This case involves a deli manager injured in 2004, claiming 82% permanent disability and rebuttal of the Diminished Future Earning Capacity (DFEC) factor based on previous Appeals Board rulings. The defendant argued against the rebuttal and challenged the applicant's average weekly earnings calculation. The Appeals Board rescinded the original award and remanded the case for further proceedings. This is due to subsequent Supreme Court and Court of Appeal decisions, specifically *Baker* and *Ogilvie III*, which impact the proper application of permanent disability ratings and earnings calculations. The judge must now reconsider these issues in light of the new legal precedents.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardDeli ManagerIndustrial InjuryNeckShouldersHandsWristsPermanent Disability
References
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