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

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. ADJ2769249 (SAL 0116181)
Regular
Mar 18, 2009

MIGUEL GONZALEZ vs. SCHRIVER PLUMBING, SCIF INSURED SAN JOSE

This case involves an applicant whose nine percent permanent disability rating for a right knee injury is disputed. The applicant argues this rating is disproportionate and unfair, as it prevents him from returning to his former plumbing work and is contradicted by a vocational expert's assessment of a 36-53% loss of future earning capacity. The Appeals Board granted reconsideration, rescinded the original decision, and returned the case for further proceedings. This is to allow the WCJ to consider the applicant's permanent disability in light of two en banc decisions, *Almaraz* and *Ogilvie*, which clarified the rebuttability of the 2005 Permanent Disability Rating Schedule.

WCABReconsiderationPermanent DisabilityRating ScheduleAlmarazOgilvieDFECAMA GuidesVocational ExpertEarning Capacity
References
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. ADJ7507358
Regular
Apr 03, 2023

KENNETH HARLAN vs. RENE M. CASAREZ aka RENE CASAREZ aka RENE BASAREZ aka RENE CAESAREZ dba AFFORDABLE PLUMBING AND ROOTER, HIROSHI CHARLES TANGE, FARMERS INSURANCE

This case concerns a worker injured while performing plumbing services at a new construction project. The Workers' Compensation Appeals Board denied a petition for reconsideration, upholding the finding that the homeowner, Hiroshi Tange, was the applicant's employer. The Board gave significant weight to the Workers' Compensation Judge's credibility determination of witnesses. Ultimately, the Board found no substantial evidence to overturn the judge's conclusion that the applicant was an employee working for the benefit of the homeowner, who exercised control over the project.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJcredibility determinationhomeownerunlicensed contractorindependent contractorpresumption of employmentLabor Code Section 3700Business and Professions Code Section 7125.2
References
Case No. ADJ10679914
Regular
Mar 05, 2018

Juan Torres vs. Ganalix Plumbing Repair, Uninsured Employers Benefit Trust Fund

The Workers' Compensation Appeals Board granted reconsideration and reversed the administrative law judge's decision, finding that applicant Juan Torres sustained a back injury arising out of and occurring during the course of employment with Ganalix Plumbing Repair. The Board disagreed with the judge's finding of no injury based solely on applicant's credibility, noting that three defense witnesses corroborated an event occurred, and medical records documented back pain shortly after the fall. The Board also acknowledged applicant's delay in reporting and the employer's lack of workers' compensation insurance, but ultimately found sufficient evidence for a compensable back injury.

WORKERS' COMPENSATION APPEALS BOARDJuan TorresGANALIX PLUMBING REPAIRUNINSURED EMPLOYERS BENEFIT TRUST FUNDFindings and OrderPetition for Reconsiderationadministrative law judgeWCJinjury arising out of and occurring during the course of employmentLabor Code section 5402(b)
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
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