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

Case No. ADJ7673518, ADJ7647749
Regular
Jan 23, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION / CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant sustained industrial injury to her neck. While the applicant testified to injuring her neck in a workplace incident and this was partially corroborated, the Board found insufficient evidence for other claimed injuries. The Board specifically disagreed with the administrative law judge's credibility assessment concerning the neck injury itself, relying on medical reports and testimony supporting the neck injury claim. The Board affirmed the denial of claims for all other alleged injuries, finding insufficient medical evidence to link them to the incident.

Petition for ReconsiderationFindings and OrderIndustrial InjuryNeck InjuryBack InjurySpine InjuryUpper ExtremitiesPsycheGastroesophageal SystemInternal System
References
Case No. ADJ7166686
Regular
Jul 24, 2012

RICHARD ANDERSON vs. JAGUAR/LANDROVER OF VENTURA, COMPWEST INSURANCE COMPANY

This case involves an applicant who suffered a stroke and subsequent 100% permanent disability following surgery for an industrial shoulder injury. The defendant sought reconsideration, arguing for apportionment to pre-existing conditions and challenging the attorney's fee calculation. The Appeals Board affirmed the 100% permanent disability finding, finding no basis for apportionment as the applicant's pre-existing conditions did not cause the disability itself. However, the Board modified the attorney's fee award, requiring commutation using a specific method and a 3% cost of living adjustment, finding the previously assumed 4.6% to be speculative.

Workers Compensation Appeals BoardRichard AndersonJaguar/Landrover of VenturaCompwest Insurance CompanyADJ7166686ReconsiderationFindings and AwardIndustrial InjuryBrain InjuryNeurological System
References
Case No. ADJ3563222 (SRO 0126894)
Regular
Jul 25, 2013

SHARON KARR-REDDELL vs. CHRISTOPHERSON HOMES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) reconsidered a decision regarding attorney's fees awarded to applicant's counsel, John Bloom. The WCAB found the original decision erred by calculating fees based on the gross award rather than present value and by not commuting the life pension award for fee payment. The WCAB rescinded the prior order, awarding Mr. Bloom a total of $32,768.18 in attorney's fees based on the present value of both the permanent disability and life pension awards. These fees are to be paid as lump sums commuted from the respective awards through uniform reduction of future payments.

Workers' Compensation Appeals BoardPetition for ReconsiderationPermanent Disability AwardLife Pension AwardAttorney's FeeCommutationPresent ValueUniform Reduction MethodLabor Code Section 4659(c)State Average Weekly Wage
References
Case No. ADJ9066614
Regular
Sep 08, 2015

James Stewart vs. California Department of Corrections and Rehabilitation, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted the applicant's petition for reconsideration, overturning the WCJ's denial of a lump-sum commutation of his permanent disability award. The Board found sufficient evidence of applicant's extensive debts, including significant amounts owed to family and friends for living expenses, supporting a partial commutation. However, the commutation will exclude the car loan, as applicant's current income is deemed sufficient to manage that debt. The matter is returned to the trial level to determine the precise commutation amount.

CommutationPermanent Disability AwardFinancial HardshipPetition for ReconsiderationStipulated AwardCumulative TraumaHypertensionCorrectional OfficerDebt ObligationsLump Sum
References
Case No. ADJ6587965
Regular
Jul 31, 2014

MIKE ANDERSON vs. BALTIMORE RAVENS, ACE AMERICAN INSURANCE COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board granted reconsideration of a $78,000 commutation award due to defendant's claim of calculation errors. The defendant argued the award improperly double-counted a $51,000 payment previously made for applicant's living expenses. The Board agreed that the Disability Evaluation Unit's report may have been based on incomplete information regarding payments made. Therefore, the May 12, 2014 Commutation Award was rescinded, and the case was returned for further proceedings to ensure accurate calculation of the applicant's permanent disability balance.

Commutation AwardPre-Settlement Solutionspermanent disabilityDisability Evaluation UnitDEU commutation reportdouble recoveryLabor Code sections 4622(a)4622(b)Labor Code § 5100(a)5100(d)
References
Case No. ADJ3870027 (AHM 0090638), ADJ4306688 (AHM 0090678)
Regular
Nov 21, 2014

MICHELE WULF vs. ORANGE COUNTY FIRE AUTHORITY, USF & G, Administered by CANNON COCHRAN

This case concerns a petition for reconsideration of an attorney's fee award in a workers' compensation matter. The Appeals Board granted reconsideration to address the applicant's attorney's request for commutation of the attorney's fee. The Board amended the original award to reflect that the attorney's fee would be a percentage of the commuted value of the applicant's permanent disability award. The matter was returned to the trial level for the WCJ to calculate the commutation of the attorney's fee and determined sanctions were not warranted.

WORKERS' COMPENSATION APPEALS BOARDADJ3870027ADJ4306688ORANGE COUNTY FIRE AUTHORITYUSF & GCANNON COCHRANPetition for ReconsiderationJoint Findings Award and Orderpermanent total disabilityattorney's fee
References
Case No. ADJ2978981 (VNO 0379036) ADJ4391804 (VNO 0284146) ADJ2650989 (VNO 0284011)
Regular
Dec 01, 2008

MICHAEL JAGOSZ vs. LOGISTICS PERSONNEL CORP., CUNNINGHAM LINDSEY CLAIMS SERVICES, Subsequent Injuries Benefits Trust Fund (SIF)

The Workers' Compensation Appeals Board granted reconsideration and rescinded an award because it improperly commuted attorney fees payable by the Subsequent Injuries Benefits Trust Fund (SIF), which is prohibited by Labor Code section 5100.5. Additionally, the Board could not ascertain the basis for the awarded attorney fees. The case is returned to the trial level for proceedings before a new judge due to the retirement of the original WCJ.

Subsequent Injuries Benefits Trust FundSIFcommutationattorney feesLabor Code section 5100.5rescinded awardPetition for ReconsiderationWorkers' Compensation Appeals Boardpermanent disability awardstipulations with facts and award
References
Case No. ADJ7971001
Regular
Apr 16, 2013

DARRYL OYAS vs. CALIFORNIA STATE DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

This case involves a dispute over the attorney's fees awarded in a workers' compensation claim for a 100% permanent disability award. The applicant's attorney argues the administrative law judge erred by excluding the State Average Weekly Wage (SAWW) adjustment factor and by using the Uniform Reduction method for commutation instead of the Uniform Increasing Reduction (UIR) method. The Appeals Board granted reconsideration to allow the judge to recalculate the attorney's fees, incorporating a reasonable SAWW adjustment and applying the UIR commutation method, while still considering factors for determining the fee's reasonableness. The Board emphasized separating the calculation of the award's commuted value from the determination of the attorney's fee percentage.

State Compensation Insurance FundWorkers' Compensation Appeals BoardFindings and AwardAttorney's FeePermanent DisabilityState Average Weekly Wage (SAWW)Uniform Increasing Reduction (UIR) methodCommutationStipulations with Request for AwardCorrectional Officer
References
Case No. ADJ7841959
Regular
Feb 05, 2018

LEONARDO VELASQUEZ MONTES vs. SOUTH STATE TOWING DBA ECOLOGY AUTO PARTS, THE HARTFORD, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board granted reconsideration and amended a prior award. While the WCJ awarded a $\$100,000.00$ commutation of permanent disability and life pension benefits, the Board reduced this amount. The Board found that the applicant's own testimony and evidence supported a commutation of $\$60,000.00$, which was deemed sufficient for his needs and in his best interest. The decision affirmed the WCJ's finding that commutation was appropriate but modified the amount to align with the applicant's stated needs and evidence.

CommutationPetition for ReconsiderationPermanent Disability BenefitsLife Pension BenefitsFindings and AwardLabor Code Section 5100WCJIndustrial InjuryStipulations with Request for AwardMonthly Expenses
References
Case No. ADJ7599969
Regular
Jul 27, 2017

Mike Andriso vs. COUNTY OF SAN DIEGO

This case involves a dispute over attorney's fees awarded to applicant's counsel. The Workers' Compensation Appeals Board (WCAB) reconsidered a decision that awarded the attorney 15% of applicant's permanent disability benefits as they accrued, rather than commuting the fee. Applicant argued that a commutation would result in a larger overall fee and that public policy favors such commutation regardless of life expectancy. The WCAB granted reconsideration to allow the judge to re-evaluate the fee award based on relevant factors, including the complexity of the case and ensuring adequate compensation for the attorney.

Permanent disabilityCumulative traumaAttorney's feesPetition for reconsiderationFindings and AwardCommutation of awardLife expectancyMetastatic colon cancerAgreed Medical ExaminerDisability Evaluation Unit
References
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