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

Case No. ADJ12138014 ADJ10965293
Regular
Jan 21, 2020

DONALD WRIGHT vs. FEDERAL EXPRESS CORPORATION

The WCAB denied Defendant Federal Express Corporation's Petition for Reconsideration, upholding the WCJ's finding that applicant Donald Wright is entitled to a separate Agreed Medical Evaluator or Qualified Medical Examiner for his cumulative trauma (CT) claim. Defendant argued applicant waived this right by not filing a claim form for the CT claim, citing *Navarro v. City of Montebello*. However, the Board found that while the initial finding of injury AOE/COE was a threshold issue, the entitlement to a separate QME for the CT claim was interlocutory. As Defendant failed to demonstrate significant prejudice or irreparable harm, removal was denied.

WORKERS' COMPENSATION APPEALS BOARDDONALD WRIGHTFEDERAL EXPRESS CORPORATIONADJ12138014ADJ10965293Petition for ReconsiderationFindings of FactWCJcumulative trauma (CT) claimpanel qualified medical evaluator (QME)
References
Case No. ADJ1508875
Regular
Sep 16, 2019

DERRELL FELDMAN vs. CRITCHFIELD MECHANICAL, ENSTAR U.S., INC., O.C. MCDONALD, TRAVELERS INDEMNITY COMPANY OF CT, PARAGON MECHANICAL, INC., STATE COMPENSATION INSURANCE FUND

This Workers' Compensation Appeals Board case involved applicant Derrell Feldman and multiple defendants. The Board granted reconsideration of a prior decision. The amended decision affirmed the original ruling but increased the applicant's attorney fees to $10,432.80. Additionally, the award for permanent disability indemnity was adjusted, and the attorney fees were ordered payable directly to the applicant's counsel.

Workers' Compensation Appeals BoardPetition for ReconsiderationDecision After ReconsiderationWCJ's reportSeabright Insurance CompanyPermanent disability indemnityLabor Code Section 4658(d)Attorney feesADJ1508875Critchfield Mechanical
References
Case No. ADJ7548997, ADJ7549026
Regular
Jan 15, 2016

KAREN BRESSON vs. UNITED PARCEL SERVICE, INC, LIBERTY MUTUAL INSURANCE COMPANY, VONS GROCERY COMPANY

The Workers' Compensation Appeals Board (WCAB) granted UPS's petition for reconsideration, rescinded the prior decision, and returned the case to the trial level. The WCAB clarified that the applicant's prior Compromise and Release (C&R) with Vons Grocery Company in Case No. ADJ7549026 did not settle her claim against UPS in Case No. ADJ7548997, despite broad language in an addendum. This interpretation is based on the C&R specifically listing only Vons and a distinct date of injury period, and a clause limiting the settlement to those specified terms. All other issues, including AOE/COE injury, medical treatment, and apportionment, remain to be decided at the trial level.

WCABPetition for ReconsiderationFindings and OrderAOE/COECompromise and ReleaseC&RCumulative TraumaCTSuccessive InjuriesContribution
References
Case No. ADJ1584272
Regular
Dec 03, 2010

RICHARD SILVA vs. PAZIN & MYERS, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the finding of 100% permanent disability for the applicant's back and psyche injuries. The Board found that the workers' compensation judge properly applied the 1997 Schedule for Rating Permanent Disabilities due to pre-existing medical reports indicating permanent disability. Substantial evidence, including the Agreed Medical Examiner's opinion on permanent total disability and the applicant's treating psychologist's opinion, supported the 100% disability rating. The defendant failed to meet its burden to prove apportionment of the disability.

ADJ1584272FRE 0244029Pazin & MyersInc.State Compensation Insurance FundFindings and AwardSeptember 142010industrial injuryback
References
Case No. LBO 322722 LBO 322723 LBO 322724 LBO 322725 LBO 322726 LBO 322727
Regular
Dec 18, 2007

MARTIN HINDS vs. LOS ANGELES COUNTY FIRE DEPARTMENT, INTERCARE INSURANCE SERVICES

This case involves a Petition for Removal filed by applicant Martin Hinds against the Los Angeles County Fire Department. Hinds sought removal of the issues of permanent disability and apportionment, which had been taken off calendar by the WCJ for judicial economy pending a WCAB decision on the Wilkinson doctrine. The Appeals Board denied removal, adopting the WCJ's report and citing the en banc decision in Benson v. Kaiser Medical Group, which addressed the Wilkinson doctrine's applicability post-SB 899. The Board found no present need to postpone trial given Benson is binding and there's no multiplicity of conflicting appellate court opinions.

RemovalPetition for RemovalWCABBenson v. Kaiser Medical GroupWilkinson doctrineSB 899apportionmentcausation statutesLab. Code $\S \S 4663$4664(a)
References
Case No. ADJ1560142 (SFO 0418414) ADJ2358122 (SFO 0500361)
Regular
Sep 13, 2010

GENNADY LIUBIMSKY vs. SHERATON FISHERMAN'S WHARF, ZURICH AMERICAN INSURANCE COMPANY

This case involves an applicant alleging back injury from a 1995 specific incident and a cumulative trauma (CT) ending in 2006. The Appeals Board rescinded the previous award because unresolved issues remained, including the date of CT injury, apportionment between multiple potential injuries, and the applicable permanent disability rating schedule. Zurich, the current carrier, sought reconsideration arguing the CT claim was time-barred. The Board remanded the case for further proceedings to clarify these complex issues and ensure proper application of apportionment law.

Workers' Compensation Appeals BoardGennady LiubimskySheraton Fisherman's WharfZurich American Insurance CompanyADJ1560142ADJ2358122Opinion and Decision After ReconsiderationCumulative TraumaStatute of LimitationsPetition to Reopen
References
Case No. ADJ3803076
Regular
Mar 01, 2018

REBECCA MUNAR vs. POMONA UNIFIED SCHOOL DISTRICT, CORVEL CORPORATION

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The Board adopted the Administrative Law Judge's report, which found that the applicant sustained a continuous trauma injury to her bilateral knees. This finding was supported by substantial medical evidence, specifically the opinion of Dr. Akmakjian, which the Board found persuasive. The Board reiterated that one physician's opinion can constitute substantial evidence, even if it conflicts with other medical opinions.

Workers' Compensation Appeals BoardPetition for Reconsiderationsubstantial evidencephysician opinionindustrial injurybilateral kneesleft hipcontinuous traumaslip and fallspecific injury
References
Case No. ADJ2956078
Regular
Nov 17, 2010

FILIBERTO SANTOYO vs. FIESTA FOOD WAREHOUSE, SPRINGFIELD INSURANCE CO.

The Workers' Compensation Appeals Board denied the applicant's petition for removal, finding that the applicant misrepresented material evidence in the petition. The applicant had argued the trial judge issued an order without allowing a response, thus violating due process. However, the Board found inconsistencies between the applicant's claims regarding medical reports and the actual contents of those reports. The case is returned to the trial level for proceedings consistent with the opinion.

Petition for RemovalOrder RescindingDue ProcessQualified Medical EvaluatorsMedical Record DevelopmentApplication for Adjudication of ClaimIndustrial InjurySecurity GuardRight KneeLower Extremities
References
Case No. LAO 863258
Regular
Oct 02, 2007

JULIE A. ALBRIGHT vs. SUN HEALTH CARE, AMERICAN HOME ASSURANCE COMPANY, BROADSPIRE

This case involves Julie Albright's workers' compensation claim against Sun Health Care and its administrator, Broadspire. The Workers' Compensation Appeals Board denied Broadspire's petition for reconsideration regarding their liability as administrator for Albright's cumulative trauma injury. The Board found it equitable to assign administration to Broadspire, despite their partial coverage, to avoid confusion given overlapping neck injuries and lien claimants.

ReconsiderationCumulative TraumaCT claimAdministering AwardContributionWrit DeniedLabor Code 5412Labor Code 4656(c)(1)Temporary DisabilityCarpal Tunnel
References
Case No. ADJ552778 (LBO 0362055)
Regular
May 10, 2015

PROYLAND CAMARILLO HURTADO vs. APL LOGISTICS

The Workers' Compensation Appeals Board denied the applicant's petition for removal, which sought to continue the trial date. The applicant wished to undergo further surgery and reevaluations to assess his final disability after an industrial injury to his back and knee. The Board found that these issues could be addressed by the trial judge on the scheduled trial date, who has the discretion to continue the matter if further discovery is deemed necessary. Therefore, the applicant's request to remove the case from the trial calendar was denied.

Petition for RemovalAgreed Medical EvaluatorQualified Medical EvaluatorWCJoff calendarrevaluationsfinal disabilityindustrial injuryforklift operatordriver
References
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