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

Case No. MON 0337678 MON 0347063
Regular
Jul 20, 2007

DAN F. MARINO vs. BP AMERICA, ESIS

The Workers' Compensation Appeals Board dismissed BP America's petition for reconsideration, finding the Administrative Law Judge's (WCJ) order was conditional, not final. However, the Board granted removal, rescinded the WCJ's denial, and remanded the case. The remand is for the WCJ to determine if there is good cause to amend a stipulated award due to the applicant receiving EDD benefits under a different Social Security number, which could result in duplicate payments.

Workers' Compensation Appeals BoardBP AmericaESISPetition to Amend OrderStipulation of PartiesMutual Mistake of FactInadvertencyEmployment Development Department (EDD) benefitsSocial Security Number discrepancyExpedited Hearing
References
Case No. ADJ3393930 (AHM 0089017) ADJ2735537 (AHM 0094395)
Regular
May 06, 2013

DAVID CARMONA vs. BMW OF NORTH AMERICA, ZURICH NORTH AMERICA, FIREMAN'S FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration in *Carmona v. BMW of North America*, finding the Workers' Compensation Judge's (WCJ) report insufficient. The WCAB rescinded the WCJ's prior decision and returned the case for further proceedings and a new decision. While the WCJ intended to correct a clerical error regarding cumulative trauma dates, the WCAB felt further development of the record was needed on temporary total disability, but not apportionment related to Dr. Stewart. This is not a final decision on the merits.

DAVID CARMONABMW OF NORTH AMERICAZURICH NORTH AMERICAFIREMAN'S FUNDWORKERS' COMPENSATION APPEALS BOARDRECONSIDERATIONADMINISTRATIVE LAW JUDGECLERICAL ERRORCUMULATIVE TRAUMATEMPORARY TOTAL DISABILITY
References
Case No. ADJ3760300 (LAO 0866145) ADJ 1883212 (LAO 0847788)
Regular
Dec 05, 2011

DENNIS DAILEY (Deceased) vs. DS WATERS OF AMERICA, ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board (WCAB) dismissed the defendants' petition for reconsideration as untimely. The defendants sought to challenge a compromise and release agreement, alleging it was contingent on Medicare Set-Aside approval, which was not obtained before the applicant's death. However, their petition was filed with the WCAB one day after the statutory deadline. The WCAB also admonished the defendants' counsel for appending inappropriate exhibits and warned of potential sanctions for future rule violations.

Workers' Compensation Appeals BoardDS Waters of AmericaZurich North AmericaCompromise and Release AgreementMedicare Set-AsideCMS approvalPetition for ReconsiderationUntimely FilingAdministrative Law JudgeFindings of Fact and Award
References
Case No. ADJ582662
Regular
Mar 25, 2013

ROBERT W. BRAMLETT vs. BP AMERICA

In **Bramlett v. BP America**, the Workers' Compensation Appeals Board (WCAB) granted the defendant's Petition for Reconsideration of a January 2, 2013 decision. The WCAB found reconsideration necessary to allow further study of the factual and legal issues to ensure a just and reasoned decision. Consequently, all future filings in this case must be submitted directly to the WCAB Commissioners in San Francisco and not to any district office or EAMS. This action indicates the Board requires a more thorough examination before issuing a final ruling.

Petition for ReconsiderationGranting ReconsiderationStatutory Time ConstraintsFactual IssuesLegal IssuesJust and Reasoned DecisionDecision After ReconsiderationVan Nuys District OfficeEAMSWorkers' Compensation Appeals Board
References
Case No. ADJ8219210
Regular
Oct 19, 2012

PETE MINOR vs. BP AMERICA, INC., EMPLOYERS SELF-INSURANCE SERVICE

The Workers' Compensation Appeals Board denied BP America's petition for reconsideration of a prior award to applicant Pete Minor. The WCAB affirmed the judge's findings of industrial injury to Minor's shoulders and awarded benefits, including temporary disability, attorney fees, and future medical treatment. The Board also upheld the judge's finding of unreasonable delay in payment of benefits, which resulted in a 25% increase under Labor Code section 5814. The defendant's petition was criticized for misrepresenting material evidence and failing to disclose crucial facts regarding the injury AOE/COE.

AOE/COELabor Code section 5814unreasonable delaymedical treatmenttemporary disability indemnityself-procured medical treatmentPetition for ReconsiderationReport and Recommendationsanctionsmisleading petition
References
Case No. ADJ1735018
Regular
Oct 28, 2010

CYNTHIA BLACKLEDGE vs. BANK OF AMERICA, ACE AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) denied Bank of America's Petition for Removal. Removal is an extraordinary remedy granted only when substantial prejudice or irreparable harm will result and reconsideration is inadequate. The WCAB found that Bank of America failed to meet these stringent standards. Therefore, the petition was denied.

Petition for RemovalDenying RemovalExtraordinary RemedySubstantial PrejudiceIrreparable HarmReconsiderationAdverse DecisionWCJ ReportBank of AmericaACE American Insurance Company
References
Case No. ADJ7560161
Regular
Feb 16, 2017

Julie Cagle vs. Bank of America, ACE AMERICAN INSURANCE COMPANY

This case involves Julie Cagle's workers' compensation claim against Bank of America for admitted industrial injuries to her psyche and abdomen. The Appeals Board reconsidered a prior award, increasing the applicant's permanent disability rating. The key dispute centered on the proper rating for internal injuries under the AMA Guides, with the applicant arguing for a higher WPI rating based on a Class 3 classification. The Board ultimately determined the applicant's internal system impairment warranted a 25% WPI, leading to a total of 49% permanent disability. The award was also clarified to allow the defendant credit for permanent disability advances already paid.

Workers' Compensation Appeals BoardJulie CagleBank of AmericaAce American Insurance CompanyCorvelPetition for ReconsiderationFindings of Fact and AwardInternal Systems InjuryPsyche InjuryPermanent Disability
References
Case No. ADJ8570774
Regular
Jan 14, 2014

ARNO SAFARIAN vs. BANK OF AMERICA, ACE AMERICAN INSURANCE COMPANY, GALLAGHER BASSET SERVICES, INC.

This case involves Arno Safarian's workers' compensation claim against Bank of America, administered by Gallagher Bassett Services. The Workers' Compensation Appeals Board has denied Safarian's Petition for Reconsideration. The Board adopted the administrative law judge's report and reasoning, giving significant weight to the judge's credibility findings. Therefore, the petition for reconsideration was formally denied.

Petition for ReconsiderationWCJ reportcredibility findingGarza v. Workmen's Comp. Appeals Bd.Van Nuys District OfficeBank of AmericaAce American Insurance CompanyGallagher Bassett Servicesworkers' compensation administrative law judgeWorkers' Compensation Appeals Board
References
Case No. ADJ9441801 ADJ10298288
Regular
Jul 21, 2017

PAULA WALTON vs. PORTS AMERICA, DISCOVERY RE, GALLAGHER BASSETT, SSA CONTAINERS, INC., METRO RISK MANAGEMENT

In this workers' compensation matter, the Appeals Board granted Ports America's Petition for Reconsideration. The Board rescinded the Administrative Law Judge's (ALJ) Joint Findings and Order of July 17, 2017. The case is now returned to the trial level for further proceedings by the ALJ.

Workers' Compensation Appeals BoardPetition for ReconsiderationJoint Findings and OrderWCJPorts AmericaDiscovery ReGallagher BassettSSA ContainersMetro Risk ManagementADJ9441801
References
Case No. ADJ732580 (SAL 0105372) ADJ2838073 (SAL 0110231)
Regular
Sep 03, 2010

KATHRYN COMBS vs. STANFORD UNIVERSITY, ZURICH NORTH AMERICA

This case involves an applicant, Kathryn Combs, seeking workers' compensation benefits from Stanford University and its insurer, Zurich North America. The applicant filed a Petition for Reconsideration with the Workers' Compensation Appeals Board (WCAB). The WCAB reviewed the petition and the report from the Workers' Compensation Judge and has ordered the denial of reconsideration. The specific reasons for the denial are incorporated by reference from the Judge's report.

Workers' Compensation Appeals BoardDenying ReconsiderationPetition for ReconsiderationWCJ ReportAdopt and IncorporateStanford UniversityZurich North AmericaADJ732580ADJ2838073SAL 0105372
References
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