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

Case No. ADJ7106696
Regular
Oct 09, 2012

JAMAL CLARK vs. SEATTLE SEAHAWKS, Permissibly SelfInsured, Administered by CMS, NFL EUROPE, TIG INSURANCE, Administered by REM

This Workers' Compensation Appeals Board case, *Jamal Clark v. Seattle Seahawks*, involves a defendant's petition for reconsideration of a July 16, 2012, award. The Board has granted this petition to allow for further study of the factual and legal issues presented. The Board believes this is necessary to thoroughly understand the record and render a just decision. Pending the Decision After Reconsideration, all filings must be submitted in writing directly to the Commissioners' office in San Francisco, not to district offices or through e-filing.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings Award and OrdersStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionDecision After ReconsiderationOffice of the CommissionersElectronic Adjudication Management SystemVan Nuys District Office
References
Case No. ADJ4453862 (VNO 0519650)
Regular
May 24, 2012

WILLIAM LANEY vs. CLARK PLUMBING & HEATING, STATE COMPENSATION INSURANCE FUND, CALIFORNIA COMPENSATION

This case involves applicant William Laney's petition for disqualification against defendants Clark Plumbing & Heating and their insurers. The Workers' Compensation Appeals Board reviewed the petition and the administrative law judge's report. Based on the record and the judge's reasoning, the Board denied the disqualification petition. Therefore, the Board issued an order formally denying Laney's request.

Petition for DisqualificationWorkers' Compensation Appeals BoardDenying DisqualificationAdministrative Law JudgeReportRecordAdopt and IncorporateDeniedVan Nuys District OfficeClark Plumbing & Heating
References
Case No. ADJ11276421
Regular
Mar 15, 2019

SABAS GAMBOA vs. FULLERTON PACIFIC INTERIORS, INC., INSURANCE COMPANY OF THE WEST

The applicant sought reconsideration of an order dismissing defendant Clark Builders and others, arguing it was improper as Clark Builders was not a party. The Appeals Board dismissed the applicant's petition for reconsideration as untimely and from a non-final order. However, the Board granted removal on its own motion to correct the record, as Clark Builders was never properly a party. The Board rescinded the original dismissal order and issued a new order dismissing Arch Indemnity Insurance Company and Gallagher Bassett Services, Inc. without prejudice.

Workers' Compensation Appeals BoardPetition for ReconsiderationRemovalOrder DismissingLack of EmploymentClark BuildersArch Indemnity Insurance CompanyGallagher Bassett ServicesInc.Fullerton Pacific Interiors
References
Case No. ADJ7324566
Regular
Apr 09, 2013

BRANDON CLARK DECEASED, JOVELYN CLARK (WIDOW), GUARDIAN AD LITEM FOR JOANNA CLARK (MINOR CHILD), BRITTANY CLARK (MINOR CHILD), BENJAMIN CLARK (MINOR CHILD) vs. SOUTH COAST FRAMING, INC., REDWOOD FIRE AND CASUALTY COMPANY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Workers' Compensation Appeals Board denied reconsideration of a death claim where the decedent, Brandon Clark, died from combined toxic effects of sedating drugs. The defense argued that industrially prescribed medications did not significantly contribute to the death, but the Board upheld the finding that the industrially prescribed amitriptyline was a contributing factor. The Board found ample evidence supported industrial causation, rejecting the defense's attempt to limit causation solely to non-industrial medications and their untimely raised claim of intentional overdose.

Death ClaimIndustrial InjuryReconsiderationWidows BenefitsMinor DependentsToxicologyDrug InteractionCausationExpert OpinionMedical Examiner
References
Case No. ADJ7348607
Regular
Oct 04, 2013

James Clark vs. SUBSEQUENT INJURIES BENEFITS TRUST FUND

This case involves James Clark's petition for reconsideration of a decision regarding Subsequent Injuries Benefits Trust Fund (SIBTF) liability. The WCJ found that Clark sustained a 13% permanent disability from a 2009 work injury, which, when combined with prior permanent disabilities from other injuries, resulted in a 70% total permanent disability. Clark argued for 100% permanent disability based on prior medical reports and a vocational expert's opinion. The Board denied reconsideration, finding that the prior medical reports indicated overlapping disabilities, precluding simple addition of individual award percentages. The Board also noted that Social Security Administration determinations are not determinative for workers' compensation, and there was no ratable medical opinion for Clark's sleep or vision conditions.

Subsequent Injuries Benefits Trust FundSIBTFPetition for ReconsiderationPermanent DisabilityOverlapping DisabilityQualified Medical ExaminerQMEVocational ExpertWork PreclusionCategory B
References
Case No. ADJ1666303
Regular
Oct 21, 2011

ALTHEA RUSSELL vs. SECURITAS SECURITY SERVICES, BROADSPIRE

This case involves a supplemental award of attorney's fees to the applicant's attorneys, Charles Clark and Stuart Barth, following a successful defense against the defendant's petition for writ of review. The Court of Appeal remanded the matter to the Workers' Compensation Appeals Board (WCAB) to make this supplemental award under Labor Code § 5801. The WCAB reviewed the fee requests and, after disallowing fees for a separate sanctions motion, awarded Clark $2,800.00 and Barth $1,207.50 for their appellate services.

Labor Code § 5801supplemental attorney's feeswrit of reviewpetition for writ of reviewreasonable feeattorney servicesWorkers' Compensation Appeals BoardSecuritas Security ServicesBroadspireCourt of Appeal
References
Case No. ADJ1153404 (BAK 0112784)
Regular
May 28, 2009

Barbara Clark vs. SAN JOAQUIN COMMUNITY HOSPITAL, ADVENTIST HEALTH SYSTEM

This case involves an applicant, Barbara Clark, whose petition for writ of review was denied by the Court of Appeal. The Court found her petition frivolous and intended to harass the defendant, San Joaquin Community Hospital (represented by Adventist Health System). Consequently, the Court remanded the matter to the Workers' Compensation Appeals Board (WCAB) to award attorney fees and costs against Clark. The WCAB, finding the requested fees and costs reasonable, awarded Adventist Health and its attorney $5,266.47 against Barbara Clark.

Workers' Compensation Appeals BoardRemittiturPetition for Writ of ReviewFrivolous PetitionSanctionsAttorney FeesCostsUnreasonable DelayMeritless PetitionLabor Code Section 5801
References
Case No. BAK 0112784
Regular
Aug 03, 2007

Barbara Clark vs. SAN JOAQUIN COMMUNITY HOSPITAL, ADVENTIST HEALTH SYSTEM

This case involves Barbara Clark's third petition for reconsideration of a workers' compensation decision, which the Appeals Board is dismissing as an unauthorized successive petition. Clark's claims, including those related to temporary disability, medical treatment reimbursement, and penalties, were initially denied. Her subsequent petitions, including this one, have focused on allegations of fraud concerning the defendant's counsel's professional status, which the Board found did not address the merits of the prior determinations. The Board advises Clark that her proper recourse for contesting the original Findings and Award is a petition for writ of review in the Court of Appeal.

Propria personasuccessive petitionunauthorized reconsiderationFindings and AwardWCJ's ReportLabor Code section 5903(b)WCAB Rule 10856procured by fraudsuspended legal corporationnullified representation
References
Case No. ADJ10204256
Regular
May 16, 2017

KEVIN SMITH vs. CC GLASS, CLARK CONSTRUCTION, ZURICH LOS ANGELES for CLARK CONSTRUCTION

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration in the case of *Kevin Smith v. CC Glass (special employer) and Clark Construction (general employer)*. The Board adopted the WCJ's reasoning, finding that the defendant failed to diligently pursue discovery, particularly by attempting to depose Dr. Greenspan for the first time at trial. The defendant also did not provide evidence that industrial causation was an issue presented to Dr. Greenspan for his supplemental report. Therefore, the petition for reconsideration was denied.

WCABPetition for Reconsiderationworkers' compensationadministrative law judgeLabor Code section 5502(c)discoverydepositionDr. Greenspantrialpriority conference
References
Case No. ADJ2767223 (SFO 404890) ADJ3039110 (SFO 435980) ADJ2891334 (OAK 300591)
Regular
Oct 03, 2014

DIEDRE THORNTON CLARK vs. PACIFIC BELL TELEPHONE COMPANY

This case concerns an applicant with multiple cumulative industrial injuries, including gastroesophageal reflux disease and sleep disorder, resulting in a WCJ finding of 100% permanent disability. The Board rescinded this decision, finding that the WCJ failed to address apportionment of permanent disability to prior stipulated awards and a subsequent cumulative injury. The case is remanded for further development of the record to properly apportion permanent disability between the applicant's prior injuries and the 2003 cumulative injury.

Workers' Compensation Appeals BoardPacific Bell Telephone CompanyDeirdre Thornton ClarkJoint Findings And OrdersAdministrative Law JudgeIndustrial InjuryCumulative PeriodGastroesophageal Reflux DiseaseSleep DisorderPermanent Disability
References
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