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

Case No. BAK 0137052, BAK 0138374, BAK 0140170, BAK 0140171, BAK 0147127
Regular
Dec 27, 2007

Carlos Vaca vs. Cardoza Dairy Farms, Inc., State Compensation Insurance Fund, California Insurance Guarantee Association, Broadspire, Legion Insurance Company

The Workers' Compensation Appeals Board denied CIGA's petition for reconsideration, upholding the prior decision that corrected clerical errors and amended the award. CIGA argued that the award resulted in double recovery for the applicant and an overpayment of its liability, but the Board found no error in the prior decision, incorporating previous opinions and reports. The decision specifically denied CIGA's request to amend the award for permanent disability advances, confirming the original findings.

CIGALegion InsuranceState Compensation Insurance FundCardoza Dairy FarmsPetition for ReconsiderationTemporary Total DisabilityPermanent Partial DisabilityDouble RecoveryApportionable LiabilityOverpayment
References
1
Case No. BAK 137052, BAK 138374, BAK 140170, BAK 140171, BAK 147127
Regular
Oct 12, 2007

CARLOS VACA vs. CARDOZA DAIRY FARMS, INC., STATE COMPENSATION INSURANCE FUND, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, BROADSPIRE, LEGION INSURANCE COMPANY

The Appeals Board granted reconsideration to correct clerical errors in a prior award, affirming the Administrative Law Judge's findings on industrial injury and disability for the applicant. The Board clarified that State Compensation Insurance Fund (SCIF) is liable for temporary and permanent disability benefits, noting that payments made by CIGA/Legion Insurance Company will be credited to avoid double recovery. The award also addresses attorney fees and clarifies benefit rates and amounts for the applicant.

Workers' Compensation Appeals BoardCardoza Dairy FarmsInc.State Compensation Insurance FundCalifornia Insurance Guarantee AssociationLegion Insurance CompanyliquidationBroadspireindustrial injuryspine
References
0
Case No. ADJ2562535 (BAK 0151733)
Regular
Jan 07, 2014

STEVE ADAMS vs. COUNTY OF KERN, Permissibly Self-Insured

The Workers' Compensation Appeals Board reversed a finding that the defendant did not unreasonably delay compensation payments. The applicant sustained an industrial injury to his pulmonary system, and medical evidence confirmed the injury was work-related. The Board found that despite the existence of an agreed medical examiner's report confirming the injury, the defendant's denial of liability persisted for an unreasonable period. Consequently, the defendant was found to have unreasonably delayed payments for temporary disability, permanent disability, and mileage reimbursement, with the penalty amount to be determined.

Industrial InjuryPulmonary SystemCode Compliance OfficerPermanent DisabilityReconsiderationLabor Code 5814Delay PenaltiesAgreed Medical ExaminerPulmonary DiseaseOccupational Asthma
References
6
Case No. BAK 145900; BAK 146234 BAK 146235
Regular
Sep 26, 2007

AMALIA DIAZ vs. MCDONALDS/GAVINO MANAGEMENT CORPORATION, UNITED STATES FIDELITY & GUARANTEE COMPANY, LWP CLAIMS SOLUTIONS, INC.

The applicant sustained an industrial knee injury and was awarded continuing temporary disability (TDI) based on an amputation exception. Defendant sought reconsideration, arguing knee surgery is not an amputation under Labor Code section 4656(c)(2)(C). The Appeals Board granted reconsideration to apply the recent en banc decision in *Cruz*, which clarified that "amputation" refers to severance of external body parts. The prior award was rescinded and the matter remanded for a new decision consistent with *Cruz*.

Labor Code section 4656subdivision (c)(2)(C)amputation exceptiontotal knee arthroplastytemporary disability indemnitypermanent and stationaryreconsiderationen banc decisionCruz v. Mercedes Benz of San Franciscorescinded
References
1
Case No. ADJ3197470 (BAK 124770), ADJ1996051 (BAK 147862), ADJ260757 (BAK 147871), ADJ3602300 (BAK 147861), ADJ3721869 (BAK 153146), ADJ4374327 (BAK 124410)
Regular
Mar 23, 2009

NARCISA QUIROGA-RUBIO vs. TEHACHAPI HOSPITAL, Preseasible Self-Insured; HEALTHCARE ALLIANCE

The Workers' Compensation Appeals Board granted reconsideration and rescinded the trial judge's decision regarding applicant's permanent disability. The Board found the trial judge erred in relying on a medical report predating significant statutory changes (SB 899) concerning apportionment of permanent disability based on causation. The case is returned to the trial level for further development of the medical record and a new decision on apportionment and permanent disability, considering the expanded rules.

Workers' Compensation Appeals BoardReconsiderationApportionmentPermanent DisabilityCausationSenate Bill 899Labor Code § 4663Qualified Medical EvaluatorMedical-Legal RecordSubstantial Evidence
References
13
Case No. ADJ2500161 (BAK 0135729) ADJ3225816 (BAK 0135708) ADJ2766892 (BAK 0147317)
Regular
Mar 03, 2014

HECTOR GOMEZ vs. WATER WAYS IRRIGATION, GOLDEN EAGLE INSURANCE COMPANY

The Board granted reconsideration and rescinded the PWCJ's December 9, 2013 award. The PWCJ conceded errors in rating permanent disability for separate injuries and improperly amending a prior finding. The case is returned to the trial level for proper notice, further proceedings on all three injury claims, and a new decision. The PWCJ also needs to address the correct indemnity rate for the vocational rehabilitation hernia injury.

Workers' Compensation Appeals BoardPermanent Partial DisabilityVocational Rehabilitation InjuryApportionmentIndemnity RateFindings of FactOrder Amending Finding of FactRescindedReturned to Trial LevelIndustrial Injury
References
6
Case No. ADJ3709124 (BAK 0150236) ADJ3345421 (BAK 0144525) ADJ2925427 (BAK 0144602)
Regular
Aug 08, 2016

AMANDA PEREZ vs. VALLEY STATE PRISON FOR WOMEN, SIERRA CONSERVATION CENTER, STATE COMPENSATION INSURANCE FUND

This case involves a lien claimant seeking reimbursement for disability benefits paid to the applicant. The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a previous order because the administrative judge's decision lacked specific findings and did not cite the evidence relied upon. Consequently, the WCAB rescinded the prior order and returned the matter for further proceedings. The original decision had limited the lien claimant's reimbursement to a specific period, which the claimant argued was too restrictive.

CCPOA Benefit Trust FundPetition for ReconsiderationIndustrial Disability LeaveReimbursementJoint Findings of FactAwardOrderOpinion on DecisionWorkers' Compensation Administrative JudgeMinutes of Hearing
References
0
Case No. ADJ1246616 (BAK 0106371) ADJ3243674 (BAK 0120076) ADJ3688132 (BAK 0119854)
Regular
Apr 13, 2009

JENNY LUND-MAVITY, JENNY LUND vs. NESTLE ICE CREAM COMPANY/CARNATION, AMERICAN MOTORIST/KEMPER, NESTLE FOODS, NESTLE USA Inc.

The Workers' Compensation Appeals Board granted reconsideration of an arbitrator's findings due to a procedural defect. The arbitrator failed to issue a decision within the 30-day timeframe mandated by Labor Code section 5277, which invalidates the submission. Consequently, the arbitrator's findings are vacated, the arbitrator's fee is forfeited, and the case is returned for new arbitration proceedings.

Workers' Compensation Appeals BoardReconsiderationArbitrator's Findings of FactReimbursementTemporary DisabilityLabor Code Section 5277ForfeitureVacatedSubmission OrderArbitration Proceedings
References
2
Case No. ADJ1311205 (BAK 0131966) ADJ1692849 (BAK 0132072) ADJ4236953 (BAK 0132073)
Regular
Nov 30, 2012

GARY CLEVENGER vs. OIL POOL WELL SERVICES

This case involved a workers' compensation appeal where the employer sought reconsideration of an award for applicant's industrial injuries. The primary dispute concerned the applicant's attorney's fees, specifically on the temporary disability award. The Board granted reconsideration, affirming the EDD reimbursement allocation but deferring the attorney's fee issue on temporary disability. This deferral was based on concerns about whether the attorney earned a fee on voluntarily paid benefits and potential entitlement to fees from EDD's recovery.

WCABPetition for ReconsiderationCumulative TraumaSpecific InjuryPermanent Disability IndemnityTemporary DisabilityAttorney's FeesEDD ReimbursementLabor Code 4903.2Self-Insured
References
0
Case No. ADJ1664277 (BAK 0147354), ADJ3615708 (BAK 0147668), ADJ2881957 (BAK 0147353)
Regular
Apr 24, 2015

Francisco Casillas vs. San Joaquin Valley Transportation, State Compensation Insurance Fund

The Workers' Compensation Appeals Board dismissed Francisco Casillas's petitions for reconsideration and removal because no final order had been issued. The WCJ rescinded a notice of intent to bifurcate claims after the defendant objected, a procedural step that does not allow for immediate appellate review. Reconsideration and removal are only available from final orders, not interlocutory procedural decisions. The Board also admonished applicant's counsel for misfiling and wasting judicial resources.

Workers Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalNotice of IntentBifurcationLabor Code section 132aSerious and Willful MisconductFinal OrderInterlocutory OrderExtraordinary Remedy
References
6
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