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

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ6951586
Regular
Apr 08, 2015

MICHAEL MICHAELSON (Deceased) vs. JF SHEA, AIG CLAIMS

The Workers' Compensation Appeals Board denied reconsideration of an order regarding a deceased worker's settlement. The Petitioner, Riverside County Department of Child Support Services, sought to satisfy a child support lien from the settlement allocated to dependents. The Board adopted the WCJ's reasoning that Labor Code §4700 dictates that only accrued and unpaid compensation is payable to dependents, and a child support lien under Labor Code §4903(e) attaches only to such benefits. As there were no accrued benefits owed to the deceased applicant, the child support lien could not be satisfied from the death benefit settlement.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ ReportRiverside County Department of Child Support ServicesState Bar NumbersWCAB Rule 10498SanctionsADJ6951586DeceasedJF Shea
References
Case No. ADJ3702090 (VNO 0421115) ADJ3058778 (VNO 0457233)
Regular
Jul 19, 2010

CARLOS ZAMBRANO vs. COSTCO WHOLESALE CORPORATION, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board (WCAB) dismissed a lien claimant's petition for reconsideration as untimely. The lien claimant, Los Angeles County Child Support Services, sought to overturn a Compromise and Release (C&R) agreement that assigned the applicant full responsibility for a $9,096.00 child support lien. The WCAB found the petition was filed 37 days after the deadline, even considering potential mailing delays and actual receipt dates. Despite noting a better procedural approach might have been for the WCJ to address the lien directly, the Board ultimately upheld the C&R as approved.

Compromise and ReleasePetition for ReconsiderationLien ClaimantChild Support ServicesTimelinessService of ProcessLabor CodeWCJWorkers' Compensation Appeals BoardAdministrative Law Judge
References
Case No. ADJ1784264 (MON 0302991) ADJ2898466 (MON 0339769)
Regular
Oct 14, 2011

GIRGIS FAM vs. UCLA MEDICAL CENTER, permissibly self-insured, Administered by Sedgwick Claims Management Services

This case concerns the selection of a child care provider for a permanently and totally disabled applicant. The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for reconsideration. The WCAB reversed the judge's decision, allowing the applicant to select his own child care provider, reasoning that this service is personal, similar to selecting a physician. The Board emphasized that the continuity of care and applicant's confidence in the provider outweigh the employer's desire to use a licensed and bonded provider selected by them.

Workers' Compensation Appeals BoardPetition for ReconsiderationSupplemental Findings and AwardPermanently totally disabledCaretaking servicesChild care servicesGardening servicesPool maintenance servicesStructural modificationsCauda-equina syndrome
References
Case No. ADJ8212306
Regular
Oct 22, 2013

BELEN DOMINGUEZ vs. DEPARTMENT OF IN-HOME SUPPORTIVE SERVICES, Legally Uninsured, YORK INSURANCE SERVICES

This case involves a Petition for Removal filed by Belen Dominguez against the Department of In-Home Supportive Services. The Workers' Compensation Appeals Board has denied this petition. The Board adopted the reasoning of the workers' compensation administrative law judge's report. Therefore, the Petition for Removal is dismissed.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ reportDeny removalLegally UninsuredYORK INSURANCE SERVICESIn-Home Supportive ServicesADJ8212306San Jose District OfficeAdministrative Law Judge
References
Case No. ADJ6968147
Regular
Nov 18, 2010

JAMES SAUNDERS vs. SEASIDE REFRIGERATED TRANSPORT, STATE FUND COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to address a lien for unpaid child support filed by the Stanislaus County Department of Child Support Services (SCDCSS). The original award, approved without knowledge of this lien, needs amendment to account for the $1,867.75 owed. Both the defendant insurer and the applicant agree the lien should be paid from the remaining $2,618.00 in permanent disability benefits. The Board rescinded the award and returned the case to the trial level for a new award incorporating this payment.

Stipulations and AwardPetition for ReconsiderationStanislaus County Department of Child Support ServicesChild Support LienPermanent DisabilityLack of NoticeGood CauseInadvertenceAmendment of AwardRescinded Award
References
Case No. VNO 523632
Regular
May 03, 2007

WAYNE ANDERSON vs. AIR CARGO TRANSPORT SERVICES, CNA CLAIMS PLUS

The Workers' Compensation Appeals Board (WCAB) granted petitions for reconsideration filed by two child support agencies. The WCAB rescinded the prior order approving a compromise and release because the agencies were not properly served with the order, violating their due process rights. The case is returned to the trial level to determine the validity of the child support liens and their payment.

Workers' Compensation Appeals BoardCompromise and ReleaseLien ClaimantChild Support ServicesPetition for ReconsiderationRescinded OrderDefective ServiceDue ProcessWCJTrial Level
References
Case No. ADJ3196685 (PAS 0043967)MF ADJ2175299 (PAS 0043966)
Regular
Oct 02, 2019

ALICIA SZUMAN vs. JAY NOLAN COMMUNITY SERVICES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION on behalf of HIH INSURANCE in liquidation, administered by INTERCARE, STATE OF CALIFORNIA, DEPARTMENT OF SOCIAL SERVICES-IN HOME SUPPORT SERVICES

This case involved applicant Alicia Szuman alleging cumulative and specific injuries as a home health provider resulting in multiple physical and psychological conditions. The administrative law judge initially awarded permanent total disability against the State of California, Department of Social Services (DSS), dismissing CIGA, which defendant DSS sought to overturn. The parties subsequently reached a Compromise and Release agreement for $618,313, providing an annuity and lump sum payment to the applicant. The Workers' Compensation Appeals Board approved this agreement, rescinding the prior award and deeming the settlement adequate and in the applicant's best interest.

COMPROMISE AND RELEASECALIFORNIA INSURANCE GUARANTEE ASSOCIATIONHIH INSURANCEINTERCAREDEPARTMENT OF SOCIAL SERVICESIN-HOME SUPPORT SERVICESYORK SERVICES GROUPCUMULATIVE INJURYPERMANENT TOTAL DISABILITYPERMANENT PARTIAL DISABILITY
References
Case No. ADJ7688855
Regular
Jul 13, 2012

JOHN SANTANA vs. ZIM INDUSTRIES, ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board (WCAB) granted reconsideration for Kern County Department of Child Support Services (Kern) due to a child support lien not being properly addressed in a compromise and release (C&R) agreement. The WCAB found that the C&R failed to comply with Labor Code section 4903(e) by not resolving Kern's lien. Consequently, the WCAB rescinded the original order approving the C&R. The case was returned to the trial level for further proceedings to determine and address Kern's child support lien claim.

Workers Compensation Appeals BoardPetition for ReconsiderationCompromise and ReleaseLien ClaimantChild Support LienLabor Code Section 4903(e)Code of Civil Procedure Section 695.221Order Approving Compromise and ReleaseRescindedTrial Level Proceedings
References
Case No. ADJ3702090 (VNO 0421115) ADJ3058778 (VNO 0457233)
Regular
Jul 19, 2010

CARLOS ZAMBRANO vs. COSTCO WHOLESALE CORPORATION; Permissibly Self-Insured, Administered By SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board dismissed the lien claimant's petition for reconsideration as untimely. The petition sought to overturn an order approving a compromise and release settlement where the applicant was held responsible for a child support lien. Despite the lien claimant's arguments regarding improper exclusion and alleged fraud, the Board found the petition was filed significantly outside the statutory deadline. Therefore, the original order approving the settlement, which placed responsibility for the lien solely on the applicant, stands.

Workers' Compensation Appeals BoardPetition for ReconsiderationCompromise and ReleaseLien claimantChild Support ServicesTimelinessLabor CodeService by mailWCJOfficial Address Record
References
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