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

Case No. ADJ1371452 (FRE 0216183)
Regular
Jan 05, 2012

PATRICK O'BRIEN vs. COUNTY OF FRESNO/SHERIFF'S DEPARTMENT, YORK INSURANCE SERVICES

This case returns to the WCAB following a court remittitur, directing reconsideration based on the *Baker* decision. The *Baker* ruling clarified that Cost of Living Adjustments (COLAs) under Labor Code section 4659(c) are applied prospectively from the January 1st following entitlement. For this applicant's total permanent disability, permanent and stationary status and benefit commencement were April 26, 2008, entitling them to the COLA from January 1, 2009. Consequently, the WCAB granted reconsideration, affirmed the original award except for substituted findings regarding the COLA start date, and deferred the attorney's fees issue for trial level determination.

RemittiturBaker v. Workers' Comp. Appeals Bd.Labor Code section 4659(c)COLAPermanent and Stationary DateTotal Permanent DisabilityLife PensionState Average Weekly WageAttorney's FeesJurisdiction Reserved
References
Case No. ADJ4655359 (SRO 0135846)
Regular
Apr 08, 2011

FRANCISCO HERNANDEZ vs. SONOMA ROOFING SERVICES, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and affirmed a prior award of 100% permanent total disability for applicant's industrial injury. While the defendant contested the 100% disability finding and the award of cost of living adjustments (COLA), the Board found sufficient medical evidence supported the permanent disability. However, the commencement date for the COLA increases, specifically its retroactivity, was deferred pending a California Supreme Court decision in *Duncan*.

Workers' Compensation Appeals BoardPermanent Total DisabilityDiminished Future Earning CapacityLife PensionCost of Living AdjustmentsCOLALabor Code Section 4659Duncan v. Workers' Comp. Appeals Bd.Permanent Disability Rating SpecialistQualified Medical Examiner
References
Case No. ADJ147194 (LBO 0326325)
Regular
Sep 07, 2010

MIRTHA SHIMIZU vs. UNITED AIRLINES, GALLAGHER BASSETT

The Appeals Board granted reconsideration to address the defendant's contentions regarding Cost of Living Adjustments (COLAs) and the calculation of a life pension and attorney's fees. The Board affirmed the finding of 92% permanent disability but rescinded the previous award regarding COLAs, life pension, and attorney's fees. The matter was returned to the trial level for the Workers' Compensation Judge to calculate the specific amounts for the life pension and attorney's fees. Pending this finalization, the defendant was ordered to continue paying permanent disability indemnity.

Workers' Compensation Appeals BoardReconsiderationPermanent DisabilityLife PensionAttorney's FeesCOLALabor Code Section 4659Date of InjuryWCJDisability Evaluation Unit
References
Case No. ADJ1974387
Regular
Jan 19, 2023

KATHERINE BEARD vs. WALMART ASSOCIATES, INC., AMERICAN HOME ASSURANCE, YORK RISK SERVICES GROUP, INC.

This case concerns a dispute over permanent disability benefits for an employee injured in 2006. The applicant sought benefits at a higher weekly rate and an earlier COLA commencement date than initially awarded. The Appeals Board amended the original findings, ruling that the date of first permanent disability payment (September 13, 2006) controls benefit calculations. Consequently, the defendant must retroactively adjust payments to $407.66 per week and commence COLAs from January 1, 2007, with credit for prior payments.

Petition for Reconsiderationpermanent disability indemnityCOLApermanent total disabilityretroactive adjustmentpermanent and stationary dateearnings at time of injuryaverage weekly earningsmedical-legal benefitLabor Code Section 4650
References
Case No. ADJ1714554 (BAK 0151943)
Regular
Oct 17, 2014

Archie Scott vs. CITY OF BAKERSFIELD, ACCLAMATION INSURANCE MANAGEMENT SERVICES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to amend the prior award. The WCAB clarified that permanent total disability payments commence upon the cessation of temporary total disability, not the permanent and stationary date, referencing *Brower*. The WCAB deferred the issue of the applicant's attorney's fee, requiring it to be calculated considering all factors, including future benefits and COLA increases, and will be determined at the trial level. Jurisdiction was reserved for the WCJ to recalculate the attorney's fee and adjust the commencement date for permanent disability indemnity and COLA.

Valley FeverPetition to ReopenStipulated AwardPermanent Total DisabilityAttorney's FeeReconsiderationPetition for ReconsiderationFindings Award and OrderWCJAppeals Board
References
Case No. ADJ7166686
Regular
Jul 24, 2012

RICHARD ANDERSON vs. JAGUAR/LANDROVER OF VENTURA, COMPWEST INSURANCE COMPANY

This case involves an applicant who suffered a stroke and subsequent 100% permanent disability following surgery for an industrial shoulder injury. The defendant sought reconsideration, arguing for apportionment to pre-existing conditions and challenging the attorney's fee calculation. The Appeals Board affirmed the 100% permanent disability finding, finding no basis for apportionment as the applicant's pre-existing conditions did not cause the disability itself. However, the Board modified the attorney's fee award, requiring commutation using a specific method and a 3% cost of living adjustment, finding the previously assumed 4.6% to be speculative.

Workers Compensation Appeals BoardRichard AndersonJaguar/Landrover of VenturaCompwest Insurance CompanyADJ7166686ReconsiderationFindings and AwardIndustrial InjuryBrain InjuryNeurological System
References
Case No. SJO 244847
Regular
Feb 06, 2008

Celestine Lewis vs. COCA-COLA ENTERPRISES, INC.

This case concerns Celestine Lewis's claim against Coca-Cola Enterprises for workers' compensation benefits. The Workers' Compensation Appeals Board (WCAB) denied Lewis's petition for reconsideration of a prior decision regarding the apportionment of her permanent disability. The WCAB adopted the Administrative Law Judge's report, which upheld the apportionment of 30% of Lewis's permanent disability to pre-existing arthritis, consistent with recent legislative changes emphasizing apportionment to causative factors including pathology.

Workers' Compensation Appeals BoardCelestine LewisCoca-Cola EnterprisesInc.Permissibly Self-InsuredPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeDivision of Workers' CompensationJudicial AuthorityOriginal Jurisdiction
References
Case No. SAC 0297421
Regular
Mar 11, 2008

MICHAEL THAO vs. COCA COLA BOTTLING COMPANY, SELECT PERSONNEL SERVICES, ZURICH NORTH AMERICA INSURANCE COMPANY, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, On Behalf Of LEGION INSURANCE COMPANY, Adjusted By CAMBRIDGE INTEGRATED GROUP

The Workers' Compensation Appeals Board granted reconsideration to address whether Zurich's insurance policy constituted "other insurance" under Insurance Code § 1063.1(c)(9), which would absolve CIGA of liability and entitle it to reimbursement from Zurich. The Board returned the case for further proceedings to allow the WCJ to make an explicit finding on this issue, as it was not fully developed or addressed in the original decision. The special employment finding concerning Coca Cola Bottling Company was not reached pending the "other insurance" determination.

Special employmentCIGAother insurancereimbursementliquidationindustrial injurywarehousemanreconsiderationFindings and OrderWCJ
References
Case No. ADJ3394569 (OAK 0341726) ADJ1459791 (OAK 0314647)
Regular
Nov 01, 2018

Wallace Garietz vs. Vertis Communications, ACE American Insurance Company

This case involves a dispute over the commencement date for permanent total disability (PTD) payments. The defendant seeks to change the PTD start date from December 14, 2006, to June 18, 2015, arguing entitlement to PTD only occurred in 2015. The Appeals Board denied reconsideration, upholding the original finding that applicant was entitled to PTD payments commencing in 2006. This decision aligns with established precedent that PTD benefits, including cost-of-living adjustments (COLAs), begin when the applicant first becomes entitled to those benefits, which in this case was their original permanent and stationary date in 2006.

Permanent Total DisabilityCommencement DateTemporary Total DisabilityPermanent Partial DisabilityMaximum Medical ImprovementCost of Living AdjustmentCOLABaker v. Workers' Comp. Appeals Bd.Permanent and Stationary DateBrower v. David Jones Construction
References
Case No. ADJ8896804
Regular
Apr 25, 2023

KAMI GONZALES vs. WALMART, SEDGWICK EL DORADO HILLS

The Workers' Compensation Appeals Board granted reconsideration and amended the previous Findings and Award to establish April 25, 2015, as the commencement date for the applicant's permanent total disability benefits. The Board also clarified that Cost of Living Adjustments (COLAs) for permanent disability would begin on January 1, 2016, following the established rule in *Brower v. David Jones Construction*. The applicant, Kami Gonzales, sustained an injury AOE/COE on February 25, 2013, and was found to be 100% disabled. The Board also confirmed the applicant's temporary disability rate and reserved jurisdiction for informal calculation of retroactive temporary disability and attorney's fees.

AOE/COEPermanent Total DisabilityPermanent Stationary DateCOLARetroactive Temporary DisabilityEarning CapacityUnapportioned AwardFuture Medical CarePetition for ReconsiderationFindings and Award
References
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