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

Case No. ADJ514501
Regular
May 29, 2012

ANTEINOR SERRANO vs. REMEDY INTELLIGENT STAFFING, CUSTOM BUILDING PRODUCTS, CHARTIS, BROADSPIRE

The Workers' Compensation Appeals Board (WCAB) granted reconsideration as a clerical matter to ensure internal consistency in the original decision. The WCAB affirmed the judge's decision, finding that applicant Antenor Serrano sustained an injury to his back and left knee arising out of and occurring in the course of employment. The case was returned to the trial level for further proceedings regarding insurance carriers.

Workers' Compensation Appeals BoardReconsiderationDecision After ReconsiderationJanitorCustom Building ProductsRemedy Intelligent StaffingBack InjuryKnee InjuryInsurance CarriersAdministrative Law Judge
References
Case No. ADJ2253765 (VNO 0561741)
Regular
Mar 17, 2017

MAKE NEHDAR vs. WASHINGTON MUTUAL, INC., SEDGWICK CLAIMS MANAGEMENT SERVICES

This case concerns a clerical error in a prior Workers' Compensation Appeals Board (WCAB) decision. The applicant, Mike Nehdar, sought to correct the description of injured body parts in a May 16, 2013 Opinion and Order. The original WCAB decision had rescinded a previous administrative law judge's finding and substituted its own. The applicant correctly identified a clerical error in the substituted finding regarding the specific body parts injured. The WCAB granted reconsideration to correct this clerical error, affirming its prior decision but amending the finding to accurately reflect the applicant's claimed injuries.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderWorkers' Compensation Administrative Law JudgeCumulative TraumaInjury AOE/COEClerical ErrorPetition to Correct Clerical ErrorLower ExtremitiesNeurological
References
Case No. ADJ10289629
Regular
Oct 19, 2017

Timothy Kirby vs. Contra Costa Water District

This case involves a clerical error where the defendant's reply brief was incomplete due to a missing second page. The Workers' Compensation Appeals Board (WCAB) initially did not consider the incomplete brief. Upon receiving the complete brief and an explanation of the error, the WCAB, exercising its discretion to correct clerical errors for due process, accepted the defendant's reply. The WCAB affirmed its prior decision, but amended the original opinion to delete the footnote referencing the incomplete brief and include the defendant's reply.

WORKERS' COMPENSATION APPEALS BOARDAMENDED OPINION AND DECISION AFTER RECONSIDERATIONPetition For Leave to File a Replyclerical errordue process rightscorrect clerical errorsconsider evidenceconsider pleadingsWCAB Rule 10848supplemental response
References
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
Case No. ADJ9437719
Regular
Jul 03, 2018

MARIA RODRIGUEZ vs. BODEGA LATINA CORPORATION dba EL SUPER, YORK RISK SERIVCES, SAFETY NATIONAL

The Workers' Compensation Appeals Board is issuing an order to correct a clerical error in its June 20, 2018 decision. The prior decision, which denied a petition for reconsideration in the case of Maria Rodriguez v. Bodega Latina Corporation, failed to include the official seal of the Appeals Board. This correction is being made without granting reconsideration, as clerical errors can be rectified at any time. The corrected order will now properly include the Appeals Board's seal.

WORKERS' COMPENSATION APPEALS BOARDBODEGA LATINA CORPORATIONEL SUPERYORK RISK SERIVCESSAFETY NATIONALADJ9437719OPINION AND ORDER CORRECTING CLERICAL ERRORclerical errorseal of the Appeals BoardReconsideration
References
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
Case No. FRE 0231771
Regular
Feb 15, 2008

KAREN STOPHER vs. KELLY SERVICES, CNA CLAIMS PLUS

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration regarding the applicable rating schedule but granted the defendant's petition concerning a clerical error in the occupational group used for the permanent disability rating. The Board rescinded the previous award and returned the matter for further proceedings to correct the rating error. The defendant's apportionment argument was not addressed as the decision was vacated based on the clerical error.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardBindery workerIndustrial injuryLeft hipPermanent disability2005 Schedule1997 ScheduleApportionment
References
Case No. ADJ9734483, ADJ9502727
Regular
Oct 08, 2015

JUAN PALMA vs. CORNERSTONE CONSTRUCTION COMPANY, STATE COMPENSATION INSURANCE FUND

This case involves an applicant whose case, ADJ9502727, was inadvertently dismissed due to a clerical error when he filed a dismissal petition for a duplicative case, ADJ9734483. Although the applicant's petition for reconsideration was untimely and therefore dismissed, the Appeals Board granted removal on its own motion. The Board rescinded the erroneous dismissal order for ADJ9502727, finding it caused significant prejudice and was a correctable clerical mistake. The matter is now returned to the trial level for further proceedings.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Dismissing CaseADJ9502727ADJ9734483WCJremovalclerical erroruntimely petitionrescinded order
References
Case No. ADJ770488 (SAC 0338243)
Regular
Aug 12, 2010

LOUIE POTEAT vs. DEPARTMENT OF CORRECTIONS

This case involves a dispute over an attorney's fee award in a workers' compensation matter. The applicant's attorney sought to increase a previously awarded fee of $67,053.42 to $162,339.84, arguing it was a correction of a clerical error based on faulty data and that the Board had jurisdiction to modify awards. The Workers' Compensation Appeals Board denied reconsideration, affirming the administrative law judge's decision. The Board found the original fee was a substantive error, not a clerical one, and that increasing it would constitute a substantive change prohibited by Labor Code Section 5804. Additionally, the applicant's attorney failed to comply with notice requirements regarding the applicant's right to independent counsel for fee increase requests.

Workers' Compensation Appeals BoardReconsiderationAttorney FeeCommutationFindings and OrderPermanent Total DisabilityCOLALabor Code Section 5804Disability Evaluation UnitClerical Error
References
Case No. ADJ10350134
Regular
Apr 27, 2018

ROSALBA AYON vs. UNITED AG PERSONNEL MANAGEMENT INC., APPLIED RISK SERVICES, INC., SOUTHEAST PERSONNEL LEASING, INC., STATE NATIONAL INSURANCE COMPANY, PACKARD CLAIMS ADMINISTRATION, INC.

This case involved a defendant's petition to remove "CBE Law" from the party record. The Workers' Compensation Appeals Board (WCAB) dismissed the petition because it was incorrectly labeled as a petition for removal. The WCAB found no WCJ order to remove and stated that such administrative matters should be handled at the district level. Therefore, the WCAB adopted the WCJ's recommendation to deny the petition.

Petition for RemovalWorkers' Compensation Appeals BoardWCJReport and RecommendationDismissalDistrict LevelOfficial Address RecordCBE LawAdministrative Law JudgeParty Record
References
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