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

Case No. MISSING
Regular Panel Decision

North American Thought Combine, Inc. v. Kelly

Petitioner North American Thought Combine, Inc. (Thought) sought to confirm an arbitration award against Respondent Kathleen Kelly (Kelly) concerning a contract for exclusive representation of Kelly's artwork. The arbitrator had determined Thought had a continuing right to represent specific licensed properties and receive compensation, but the agreement for all works had expired. Kelly opposed the confirmation, arguing the federal court lacked subject matter jurisdiction as the amount in controversy did not meet the statutory requirement for diversity jurisdiction. The court agreed with Kelly, ruling that the value of the arbitration award itself, not the underlying arbitration claim, determines the amount in controversy for confirmation petitions. As Thought failed to provide competent proof that the value of its continuing rights exceeded $75,000, the court dismissed the petition for lack of federal subject matter jurisdiction.

Arbitration ConfirmationSubject Matter JurisdictionDiversity JurisdictionAmount in ControversyFederal Arbitration ActContract DisputeExclusive AgencyArtwork LicensingFederal Court DismissalSecond Circuit Precedent
References
8
Case No. MISSING
Regular Panel Decision

Atlantic Casualty Insurance v. Value Waterproofing, Inc.

Atlantic Casualty Insurance Company sought a declaratory judgment that it had no duty to defend or indemnify Value Waterproofing, Inc. in an underlying breach of contract and negligence lawsuit. Value counterclaimed, requesting a declaration that Atlantic Casualty was required to defend and indemnify. The court granted Atlantic Casualty's request, finding that Value failed to provide timely notice of the claim, thereby prejudicing Atlantic Casualty's investigation capabilities. Additionally, the court ruled that Value's work on a commercial property was not covered by its residential-only roofing insurance policy, further justifying the denial of coverage.

Insurance disputeBreach of contractNegligenceDeclaratory judgmentTimely noticeCoverage exclusionCommercial General LiabilityResidential roofingPolicy interpretationPrejudice
References
46
Case No. ADJ6644379 ADJ9878351 ADJ7615307 ADJ6644975
Regular
Sep 24, 2015

MALCOLM STRONG vs. FEDEX OFFICE AND PRINT SERVICES, ACE AMERICAN INSURANCE, GALLAGHER BASSETT SERVICES

The Workers' Compensation Appeals Board granted reconsideration to correct clerical errors in attorney fee calculations for applicant Malcolm Strong's permanent disability awards from a specific and cumulative injury to his cervical spine and upper extremities. The Board affirmed the original findings regarding the nature and extent of the injuries and the permanent disability ratings assigned by the WCJ. Applicant's contention that the WCJ erred by using the Combined Value Table to combine impairment ratings was rejected, as the WCJ's application of the AMA Guides was consistent with the Agreed Medical Examiner's report.

Workers' Compensation Appeals BoardJoint Findings and AwardPetition for ReconsiderationAgreed Medical ExaminerRichard D. ScheinbergM.D.Permanent Disability Rating ScheduleAMA GuidesCombined Values Tablecervical spine
References
12
Case No. ADJ9171432
Regular
Apr 25, 2016

Kenneth Evanoff vs. CITY OF LOS ANGELES, SUBSEQUENT INJURIES BENEFITS TRUST FUND

This case involves an applicant seeking reconsideration of a workers' compensation award. The applicant, previously awarded 96% permanent disability for a 2007 injury, suffered a subsequent injury in 2012 resulting in prostate cancer. The initial award used the Combined Values Chart to calculate the combined disability at 98%, entitling him to benefits from the Subsequent Injuries Benefits Trust Fund (SIBTF). The applicant argues the trial judge erred by using the Combined Values Chart and seeks to simply add the disability percentages, leading to a 100% combined disability. The Board granted reconsideration, finding that in the absence of overlapping disabilities, the disabilities should be added, entitling the applicant to a 100% permanent disability rating and remanding for a new award.

Subsequent Injuries Benefits Trust FundSIBTFCumulative Trauma InjuryPermanent DisabilityCombined Values ChartLabor Code section 4664(c)(1)(G)Whole Person ImpairmentWPIDate of InjuryDate of Knowledge
References
1
Case No. MISSING
Regular Panel Decision
Aug 02, 2011

Seickel v. State Insurance Fund

This case involves an appeal from an order that granted a petition to extinguish a lien pursuant to Workers’ Compensation Law § 29 and determined respondents’ equitable share of petitioner’s litigation costs. The appellate court modified the order, vacating the determination of respondents’ equitable share of litigation costs and remanding the matter for recalculation. The court held that petitioner’s projected future medical expenses are too speculative to be considered in calculating the total benefit to respondents. It affirmed the lower court's use of the Life Expectancy and Present Value Tables set forth in the Pattern Jury Instructions to determine the present value of future indemnity liability, rejecting the respondents' contentions regarding the use of other mortality or remarriage tables.

Workers' Compensation LawLien ExtinguishmentLitigation CostsEquitable ShareFuture Medical ExpensesSpeculative DamagesLife Expectancy TablesPresent Value TablesMortality TablesAppellate Review
References
5
Case No. ADJ9184413
Regular
Oct 27, 2020

JEFFREY SPRINGER vs. RJ DONOVAN CORRECTIONAL FACILITY, STATE COMPENSATION INSURANCE FUND

This case involves a workers' compensation claim by Jeffrey Springer against RJ Donovan Correctional Facility. The Applicant sustained injuries resulting in industrially caused hypertension, hypertensive kidney disease, and hypertensive heart disease. The primary dispute centered on how to combine a prior 28% permanent disability rating for kidney disease with a new 49% rating for heart disease. The defendant argued these were part of a single cardiovascular system and sought to subtract the prior award's monetary value from the new rating. The WCJ found the injuries to the kidney and heart were distinct, justifying combining them, and awarded 63% permanent disability after deducting the prior award's value. The Appeals Board denied the defendant's petition for reconsideration, adopting the WCJ's reasoning.

Workers Compensation Appeals BoardRJ Donovan Correctional FacilityLegally UninsuredState Compensation Insurance FundPetition for ReconsiderationPermanent DisabilityHypertensionHypertensive Kidney DiseaseHypertensive Heart DiseaseHypertensive Cardiovascular Disease
References
1
Case No. ADJ7475146
Significant
Jun 23, 2020

Richard Todd, Applicant vs. Subsequent Injuries Benefits Trust Fund

The Appeals Board, in an en banc decision, held that when determining the combined permanent disability for Subsequent Injuries Benefits Trust Fund (SIBTF) liability under Labor Code section 4751, prior and subsequent permanent disabilities are to be added to the extent they do not overlap, rather than combined using the Combined Values Chart (CVC).

SIBTFSubsequent Injuries Benefits Trust Funden bancSection 4751permanent disabilitycombined permanent disabilityprior disabilitysubsequent injuryadditionoverlap
References
22
Case No. ADJ9525033
Regular
May 10, 2019

KIMBERLY BARRY vs. DEPARTMENT OF FOOD AND AGRICULTURE, STATE COMPENSATION INSURANCE FUND

This case involves an appeal by the defendant, Department of Food and Agriculture, regarding the calculation of permanent disability ratings for applicant Kimberly Barry's cumulative trauma injury. The defendant contests the method used to combine the applicant's multiple body part impairments, arguing the Combined Values Chart (CVC) should have been used instead of simple addition. The Appeals Board granted reconsideration to further develop the medical record. The Board requires clarification from the Qualified Medical Evaluator on the most accurate method for combining the applicant's kidney and liver impairments.

Workers Compensation Appeals BoardPetition for ReconsiderationFindings and AwardDepartment of Food and AgricultureState Compensation Insurance FundKimberly BarryAgricultural TechnicianCumulative Trauma InjuryPermanent DisabilityApportionment
References
4
Case No. ADJ9443336 ADJ9779744
Regular
Nov 25, 2019

JAMES KWASIGROCH vs. SUBSEQUENT INJURIES BENEFIT TRUST FUND OF CALIFORNIA

This case concerns the calculation of combined permanent disability for Subsequent Injuries Benefit Trust Fund (SIBTF) benefits. The applicant, James Kwasigroch, received awards for a prior disability of 63% and a subsequent disability of 74%. The central dispute was whether to add these percentages directly or use a Combined Values Chart (CVC) as the trial judge did. The Appeals Board reversed the trial judge's decision, holding that non-overlapping prior and subsequent disabilities should be added based on the precedent set in *Bookout v. Workers' Comp. Appeals Bd.* This resulted in a finding of 100% combined permanent disability and an adjustment to attorney's fees.

Subsequent Injuries Benefit Trust FundCombined Values ChartBookout v. Workers' Comp. Appeals Bd.Permanent Disability RatingApportionmentMultiple Disabilities TablesPyramidingOverlapNon-overlapping disabilitiesLabor Code section 4751
References
9
Case No. ADJ9226526
Regular
Dec 04, 2020

MARIE RODGERS vs. SACRAMENTO UNIFIED SCHOOL DISTRICT, SCHOOLS INSURANCE AUTHORITY

This case concerns the proper calculation of permanent disability ratings in a workers' compensation claim. The applicant, Marie Rodgers, injured her lumbar spine, left leg, left hip, and left knee. The Workers' Compensation Appeals Board (WCAB) granted reconsideration and amended the prior decision. The WCAB affirmed the finding of 24% permanent disability but corrected the indemnity amount to reflect the 2013 date of injury and an adjusted attorney fee. The WCAB adopted the WCJ's reasoning that impairments within the same body region must be combined first, utilizing the AMA Guides' Combined Values Chart, before combining with impairments from other regions.

Workers' Compensation Appeals BoardPetition for ReconsiderationReport of WCJAMA GuidesCombined Values ChartPermanent ImpairmentLeft Lower ExtremityLumbar SpineApportionmentDate of Injury
References
2
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