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

Case No. ADJ515169 ADJ620656
Regular
Oct 04, 2017

SERGIO CHAIREZ vs. CHEROKEE BINDERY, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for PAULA INSURANCE

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, affirming the administrative law judge's finding that \$13.75 per hour was an adequate rate for home healthcare services. The Board found insufficient evidence that the applicant's spouse performed services requiring a higher Licensed Vocational Nurse (LVN) rate. However, the case was removed to the Appeals Board to return the issue of applicant's attorney's fees to the trial level for further proceedings and decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationHome Healthcare RateLicensed Vocational NurseCatheterizationHourly RateStipulated AwardAttorney's FeesRemovalDecision After Removal
References
5
Case No. ADJ620656 (LAO 0765628) ADJ515169 (LAO 0765629)
Regular
Feb 18, 2010

SERGIO CHAIREZ vs. CHEROKEE BINDERY, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for PAULA INSURANCE, in liquidation, by INTERCARE INSURANCE SERVICES

The Workers' Compensation Appeals Board granted reconsideration to CIGA, rescinding the WCJ's order that applicant's average weekly earnings were $900.00, which would have increased indemnity payments. The Board found the evidence insufficient to justify setting aside the parties' 2000 stipulation of $754.47 in weekly earnings, citing a lack of good cause such as mutual mistake. The case is remanded to the trial level for further development of the record regarding the accuracy of the stipulated earnings and whether there is good cause to overturn it. The check stubs submitted by the applicant raise a question, necessitating further proceedings to fully adjudicate the issue.

CIGAPaula InsuranceIntercare Insurance ServicesSergio ChairezCherokee Binderystipulationaverage weekly earningsreconsiderationrescindedWCJ
References
7
Case No. ADJ768135 (SFO 0444123)
Regular
Dec 19, 2013

DINESH KUMAR vs. J'S TRADE BINDERY SERVICE, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, CAMBRIDGE INTEGRATED SERVICES, INC./SEDGWICK, FREMONT INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) affirmed the Administrative Law Judge's (WCJ) July 25, 2013 decision in the case of Dinesh Kumar versus J's Trade Bindery Service and the California Insurance Guarantee Association. The WCAB granted reconsideration to thoroughly review the case's facts and law. After reviewing the record and adopting the WCJ's report and recommendations, the WCAB found no grounds to overturn the original findings, order, and award. Therefore, the WCJ's decision remains in full effect.

Workers' Compensation Appeals BoardReconsiderationAdministrative Law JudgeFindingsOrderAwardFremont Insurance CompanyLiquidationCambridge Integrated ServicesSedgwick
References
0
Case No. ADJ9711633
Regular
Feb 02, 2015

MICHAEL DEAN vs. CENTRAL TRANSPORT, CHEROKEE INSURANCE COMPANY

Here's a summary for a lawyer: The Workers' Compensation Appeals Board denied Gino Dean's petition for reconsideration of an order appointing Shannen Patton as guardian ad litem and trustee for a minor applicant. Gino Dean, the decedent's brother and applicant's uncle, lacked standing to challenge the order as he is not a party and failed to demonstrate good cause for removal of the applicant's mother. Furthermore, the order appointing the guardian is not a final award, rendering it ineligible for reconsideration.

Guardian ad LitemTrusteeMinorPetition for ReconsiderationStandingGood CauseNot a Final OrderRemovalExtraordinary RemedySubstantial Prejudice
References
3
Case No. ADJ2902670 (VNO 0344530)
Regular
Sep 16, 2016

IRMA LARIOS vs. AREA TRADE BINDERY, GALLAGHER BASSETT

The Workers' Compensation Appeals Board granted reconsideration to address the lien claim of the Employment Development Department (EDD). The original award failed to account for EDD's lien for state disability benefits paid to the applicant. The Board found that the defendant is obligated to withhold EDD's lien amount from temporary disability payments once notified. Therefore, the case was returned to the trial level for recalculation of temporary disability benefits, including proper credit for the EDD's lien.

Lien claimantPetition for ReconsiderationFindings and AwardEmployment Development Department (EDD)Temporary disability benefitsIndustrial injuryCervical spineHypertensive heart diseaseGastrointestinalPsyche
References
3
Case No. ADJ3283011 (MON 0197163)
Regular
Aug 08, 2008

LINDA BECERRA vs. JACK'S BINDERY, UTICA NATIONAL INSURANCE

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration because the underlying order quashing overbroad subpoenas was procedural and not a final determination of rights or liabilities. The Board also denied the petition as a request for removal, finding no irreparable harm and advising the defendant to redraft its subpoenas to specifically target records related to the applicant's industrial injury. The applicant's original injury occurred on September 1, 1993.

WCABFindings and OrderSubpoenas Duces TecumSDTsoverbroadquashedreconsiderationinterlocutory procedural orderssubstantive rightliability
References
7
Case No. ADJ3283011 (MON 0197163) ADJ228690 (MON 0224382)
Regular
Jan 03, 2014

LINDA BECERRA vs. JACK'S BINDERY, INC., UTICA NATIONAL INSURANCE COMPANY

In ADJ3283011, the Appeals Board affirmed the WCJ's award of $6,320.00 in attorney's fees to applicant's counsel for securing an earlier award of medical treatment. The Board denied applicant's petition for penalties against the defendant for unreasonable delay, agreeing with the WCJ's reasoning. Additionally, the Board denied defendant's petition for removal regarding a separate order compelling an Agreed Medical Examiner evaluation. Finally, the Board admonished both attorneys for their unprofessional and offensive conduct, reminding them of their obligations to abide by professional standards.

Workers' Compensation Appeals BoardADJ3283011ADJ228690Findings and AwardPetition for ReconsiderationAttorney FeesMedical TreatmentStipulated AwardPermanent DisabilityLabor Code sections 5813
References
2
Case No. ADJ8617317, ADJ9208091
Regular
Mar 05, 2015

MIRIAM NUNEZ GONZALEZ vs. EXCEL BINDERY, LLC, STATE COMPENSATION INSURANCE FUND GLENDALE

This case involves a petition for reconsideration of a $7,500 workers' compensation settlement. The applicant, representing herself, alleged industrial injury to multiple body parts. The Board denied the petition because it was skeletal, lacked specific legal grounds, and was not properly served on all parties. The applicant's claim that the settlement was insufficient and signed under pressure, without legal basis, did not meet the requirements for reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationCompromise and ReleaseSkeletal PetitionDefective ServiceLegal GroundsLabor CodeProof of ServiceAdverse PartiesUntimely Filing
References
0
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