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

Case No. ADJ1226686 (WCK 60788)
Regular
Oct 29, 2008

CATHY BAKER vs. JAMES H. KHOE, D.D.S., ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board corrected a clerical error in a prior decision, specifically changing a finding from "Defendant did unreasonably delay or refuse medical treatment" to "Defendant did *not* unreasonably delay or refuse medical treatment." This correction was made after the defendant alerted the Board to the mistake, and the Board exercised its authority to correct clerical errors at any time. Consequently, the defendant's petition for reconsideration was dismissed as moot.

WORKERS' COMPENSATION APPEALS BOARDCLERICAL ERRORPETITION FOR RECONSIDERATIONLABOR CODE § 5814MEDICAL TREATMENTDELAYREFUSALDECISION AFTER RECONSIDERATIONCORRECTINGDISMISSAL
References
1
Case No. CA 12-01143
Regular Panel Decision
Feb 01, 2013

PROFESSIONAL, CLERICAL, TECHNICAL, MTR. OF

This case involves an appeal to the New York Supreme Court, Appellate Division, Fourth Judicial Department, concerning an arbitration award. The petitioner, Professional, Clerical, Technical, Employees Association, sought to vacate an arbitration award, which the Supreme Court, Erie County, initially granted. The respondent, Board of Education for Buffalo City School District, appealed this decision. The Appellate Division reversed the lower court's order, denying the petition to vacate and granting the cross-petition to confirm the arbitration award. The court concluded that the arbitrator's interpretation of the collective bargaining agreement regarding employee qualifications for new positions was neither irrational nor an exceeding of authority. The arbitrator's decision upheld the supervisor's discretion in assessing qualifications beyond minimum requirements for Assistant Management Analyst positions.

ArbitrationCollective Bargaining AgreementJudicial ReviewLabor LawAppellate DivisionSupervisor DiscretionEmployee QualificationsContract InterpretationNew York LawSchool District
References
15
Case No. ADJ6994308
Regular
Aug 19, 2010

SUSAN TAYLOR vs. CITY & COUNTY OF SAN FRANCISCO

This case involves a nurse, Susan Taylor, who sustained an industrial injury. The Workers' Compensation Appeals Board (WCAB) denied the employer's petition for reconsideration and corrected a clerical error. The Board affirmed the award of temporary total disability indemnity, finding the applicant intended to return to work despite some confusion regarding her retirement status. The WCAB also determined the employer improperly delayed challenging the industrial causation of the applicant's wrist surgery.

Workers Compensation Appeals BoardPetition for ReconsiderationClerical ErrorTemporary Total DisabilityIndustrial InjuryRight ThumbBilateral WristsLeft Wrist SurgeryPost-Retirement IncomeQualified Medical Evaluator (PQME)
References
0
Case No. MISSING
Regular Panel Decision

In re Darren H.

Respondent Darren was adjudicated a juvenile delinquent and placed with the New York State Division for Youth (DFY) in 1974. He was paroled to his mother in October 1975. In February 1976, DFY filed a petition for a 12-month extension of his placement, citing the benefit of continued services. Although the petition was timely filed, a clerical error delayed its placement before the court until March 11, 1976, after the original placement's termination date of February 28, 1976. Darren's Law Guardian argued the court lacked jurisdiction due to this delay. The court distinguished the case from precedents involving deprivation of liberty for confined juveniles, noting Darren was on parole and did not object to the extension. The court granted the petition, extending placement for 12 months nunc pro tunc February 28, 1976, asserting that neither the petitioner nor the respondent should be penalized for clerical errors, especially when no liberty deprivation for a confined juvenile was at stake.

Juvenile DelinquencyExtension of PlacementNunc Pro TuncClerical ErrorFamily Court ActDue ProcessParole StatusLiberty DeprivationJurisdictionAftercare Services
References
7
Case No. ADJ2304783 (OAK 0312156)
Regular
Jul 07, 2009

ROGELIO MARTINEZ vs. URBAN BROTHERS PAINTING, STATE COMPENSATION INSURANCE FUND

This case involves a defendant's petition for reconsideration of a workers' compensation award. The defendant challenged penalties imposed for unreasonable delays in temporary and permanent disability indemnity payments. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to correct clerical errors identified by the WCJ. The WCAB amended the award to reflect a corrected period for the temporary disability delay and to grant the defendant credit for a self-imposed penalty on the permanent disability delay, otherwise affirming the original decision.

Workers' Compensation Appeals BoardReconsiderationTemporary Disability IndemnityPermanent Disability IndemnityPenaltySelf-Imposed PenaltyUnreasonable DelayClerical ErrorCreditFindings Award and Orders
References
1
Case No. ADJ7022118
Regular
Feb 04, 2014

JOSE HUEZO vs. PACIFIC PJ, LLC, FIREMAN'S FUND INSURANCE COMPANY

In this workers' compensation case, the Appeals Board granted reconsideration to correct a clerical error regarding a penalty for delayed attorney's fees. The Board affirmed the finding of unreasonable delay in paying the attorney's fees, consistent with the Administrative Law Judge's initial decision. However, the penalty amount was amended to reflect a $10\%$ penalty on the attorney's fees plus additional fees awarded under Labor Code section 5814.5. The decision also included interest on the delayed attorney fee payment.

Workers Compensation Appeals BoardOrder Approving Compromise and Releaseattorney's feesLabor Code section 5814penaltyinterestunreasonable delayclerical errorSupplemental Findings and AwardWCJ
References
1
Case No. ADJ1839782 (GOL 0101821), ADJ2471155 (GOL 0101822), ADJ3556721 (GOL 0101823)
Regular
Nov 20, 2012

JEANETTE ZINKE vs. MENTOR CORPORATION, LIBERTY MUTUAL INSURANCE COMPANY-BEAVERTON

This Workers' Compensation Appeals Board case involved a clerical error in the caption of a prior Order Denying Reconsideration. The order erroneously listed "Employers Compensation" as the defendant insurance carrier instead of the correct entity, "Liberty Mutual Insurance Company-Beaverton." The Board issued this order to correct that clerical error. Such corrections are permissible at any time without further proceedings.

Order Denying ReconsiderationClerical Error CorrectionWorkers' Compensation Appeals BoardLiberty Mutual Insurance Company-BeavertonEmployers CompensationCaption CorrectionAlfonso J. MoralesRonnie G. CaplaneFrank M. BrassGOL District Office
References
1
Case No. ADJ6635167
Regular
Aug 01, 2011

CDWARD CARTER vs. MONTEREY MARRIOTT

This case involves a clerical error correction by the Workers' Compensation Appeals Board (WCAB). The WCAB's prior Order, issued June 17, 2011, incorrectly titled and referenced a "disqualification" instead of "removal." The Board is correcting the title to "Order Denying Removal" and substituting "removal" for "disqualification" throughout the order. This correction was made to ensure clarity and understanding of the Board's decision, and the WCAB retains jurisdiction to correct such clerical errors.

Workers' Compensation Appeals BoardOrder Correcting Clerical ErrorOrder Denying RemovalPetition for RemovalDisqualificationMonterey MarriottADJ6635167Toccalino v. Workers' Comp. Appeals Bd.Clerical ErrorsRemoval
References
1
Case No. ADJ236966 (MON 0309477)
Regular
Jan 27, 2015

HERMELINDA CLARA vs. DEPARTMENT OF SOCIAL SERVICES, YORK RISK SERVICES GROUP

This case involves a clerical error in a Workers' Compensation Appeals Board decision. The Board is issuing an interim order to correct the service date of its Opinion and Order Granting Petition for Reconsideration from December 6, 2015, to January 6, 2015. The error was identified as a simple clerical mistake. The matter remains pending before the Commissioners of the WCAB.

Workers' Compensation Appeals BoardInterim OrderClerical ErrorPetition for ReconsiderationDate of ServiceSupplemental ProceedingsOffice of the CommissionersAmendedRonnie G. CaplaneFrank M. Brass
References
1
Case No. ADJ11720540
Regular
Nov 08, 2019

SHEILA BROWN vs. COMPASS HEALTH, MURPHY BEANE

This case involves a clerical error in the date of service for a Workers' Compensation Appeals Board decision. The Board's Opinion and Order, dated October 8, 2019, was mistakenly stamped as served on that date. The actual service date was November 8, 2019. The Board issued this order to correct the clerical error to reflect the accurate service date without requiring further proceedings.

Workers' Compensation Appeals BoardClerical ErrorDate of ServiceOpinion and OrderReconsiderationPetition for RemovalDecision After RemovalAmended DateSan Luis ObispoJohn Spatafore Law Firm
References
2
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