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

Case No. ADJ2244538 (LAO 0883304)
Regular
Jul 29, 2011

MELVIN ISAAC vs. PARAMOUNT PICTURES

This case involves the Workers' Compensation Appeals Board (WCAB) removing a matter on its own motion to review a Compromise and Release (C&R) order. The WCAB issued a Notice of Intention to approve the C&R with addenda, allowing parties 20 days to object. As no objections were received, the WCAB rescinded the WCJ's prior approval and entered a new order approving the C&R with the addenda. The cases are now returned to the trial level for further proceedings.

Workers' Compensation Appeals BoardRemovalCompromise and ReleaseAddendaWCJ OrderRescindedApprovedTrial LevelParamount PicturesMelvin Isaac
References
Case No. ADJ832058 (VNO 0431183) ADJ2725399 (VNO 0431180)
Regular
Jan 06, 2011

JUDITH VOLKERTS vs. JON B. ARTZ, SEABRIGHT INSURANCE COMPANY, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for CALIFORNIA COMPENSATION

The Workers' Compensation Appeals Board (WCAB) affirmed the administrative law judge's (WCJ) order rescinding a prior decision due to improper service by the WCAB. The original decision denied the applicant's request to set aside a compromise and release agreement. Because the WCAB failed to properly serve the applicant, the WCJ retained jurisdiction and had the authority to rescind the decision. The case is remanded for further proceedings, including a new decision that must be properly served.

Workers' Compensation Appeals BoardSeabright Insurance CompanyCIGACalifornia Compensationliquidationreconsiderationadministrative law judgerescinded orderservice of processcompromise and release
References
Case No. GOL 0099340
Regular
May 27, 2008

SARAH FRYE RICE (SARAH RICE-SIŞCO) vs. VONS GROCERY COMPANY

The Workers' Compensation Appeals Board granted reconsideration, rescinding the prior decision. The Board found that Vons Grocery Company was only entitled to credit for $3,485.71 in permanent disability advances as specified in the approved Compromise and Release, not the greater amount unilaterally taken. Consequently, Vons must pay the applicant the full balance of $20,274.29, and the case is returned for further proceedings on penalties and attorney fees.

WORKERS' COMPENSATION APPEALS BOARDSARAH FRYE RICEVONS GROCERY COMPANYGOL 0099340OPINION AND ORDER GRANTING RECONSIDERATIONFINDINGS AND ORDERPERMANENT DISABILITYCOMPROMISE AND RELEASELABOR CODE SECTION 5814ORDER APPROVING COMPROMISE AND RELEASE
References
Case No. ADJ8890143
Regular
Sep 19, 2014

Vanessa White vs. San Diego Gas Electric, Liberty Mutual Insurance Company

In this workers' compensation case, the Appeals Board granted a joint petition for removal to correct a misidentification of the employer on case documents. Although the parties characterized this as a clerical error, the Board clarified it was an attorney error. Despite the lack of stated prejudice, the Board rescinded the prior denial of a petition to amend the order approving the compromise and release. The case is returned to the trial level for the judge to make necessary corrections to court documents and EAMS.

Petition for RemovalOrder Denying PetitionAmendment of Order Approving Compromise and ReleaseEmployer Identification ErrorClerical ErrorAttorney ErrorSubstantial PrejudiceIrreparable HarmWCAB Rule 10843Labor Code Section 5813
References
Case No. WCK0071378
Regular
Aug 07, 2008

KEN RYERSON vs. NESTLE COMPANY, Permissibly Self-Insured, adjusted by SEDGWICK

This case involves a worker's compensation appeal concerning temporary disability and vocational rehabilitation rates. However, the parties submitted a compromise and release agreement for $140,000.00 to settle all claims, including potential death benefits for dependents. The Board granted reconsideration, rescinded its prior decision, and approved the settlement as fair, reasonable, and in the applicant's best interest, considering the release of death benefits and the absence of specific vocational rehabilitation protections.

Compromise and ReleaseVocational Rehabilitation Delay RateThomas FindingRogers ReleaseDeath BenefitsCumulative Industrial InjuryBilateral Upper ExtremitiesNeckSpineBack
References
Case No. ADJ8350670
Regular
Jun 24, 2014

SALOMON LOPEZ vs. D & T FOODS, ILLINOIS MIDWEST INSURANCE CO.

This case involves a dispute over the approval of a Compromise and Release (C&R) in a workers' compensation claim. The applicant sustained injuries to his back, legs, and abdomen. The WCJ issued an order requiring further medical evaluation despite the parties filing an amended C&R. The defendant petitioned for removal, arguing the WCJ's order was inappropriate. The Appeals Board granted the petition, rescinded the WCJ's order, and approved the amended C&R, awarding the applicant a net recovery of $15,335.71.

Petition for RemovalCompromise and ReleaseWCJ OrderQME evaluationAME evaluationabdominal aspectsdriver unloaderindustrial injurypermanent disability advancesattorney's fee
References
Case No. ADJ10765191
Regular
May 18, 2018

LARHONISH CAREY vs. MOLINA HEALTHCARE, TRAVELERS PROPERTY CASUALTY COMPANY

Applicant's attorneys seek reconsideration of a $0.00 attorney's fee award where their Compromise and Release contemplated a $1,350.00 fee. The Board granted reconsideration, finding procedural errors in the attorney's fee disclosure forms and the signing of the C&R by a non-attorney representative. The Board will affirm the $0.00 fee award unless the attorneys correct these deficiencies within 15 days.

WCABPetition for ReconsiderationCompromise and ReleaseAttorney FeesLabor Code section 4906WCAB Rule 10773Non-attorney Hearing RepresentativeFee Disclosure StatementAttorney DisclosureExpedited Trial Hearing
References
Case No. ADJ6886930
Regular
Oct 11, 2010

MARIA TERESA RODRIGUEZ vs. MOUNTAIN F ENTERPRISES INC., STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration of an order that reduced the agreed-upon attorney's fee in a death benefit and serious and willful misconduct compromise and release. The Board found the WCJ's reasons for the reduction inadequate and intended to amend the order to approve the original $38,500 attorney's fee. This is being done after providing applicant's counsel an opportunity to comply with procedural requirements regarding fee increases, and applicant notice of her right to seek independent counsel.

AMENDED COMPROMISE AND RELEASESERIOUS AND WILLFUL MISCONDUCTPETITION FOR RECONSIDERATIONGUARDIAN AD LITEMATTORNEY'S FEE REDUCTIONINDUSTRIAL INJURYDEATH CLAIMDEPENDENTSWAGESLABOR CODE
References
Case No. ADJ4139709
Regular
Jan 14, 2010

JORGE HERRERA vs. ROMANO'S MACARONI GRILL, LIBERTY MUTUAL INSURANCE COMPANY

The Applicant filed a petition for reconsideration from a non-final Notice of Intention to Dismiss, which is procedurally improper. Simultaneously, a different judge approved a Compromise and Release Agreement on the same day the petition was filed, an action beyond the judge's authority once the petition was pending. The Board dismissed the Applicant's petition for reconsideration and, on its own motion, granted reconsideration of the approved Compromise and Release. Consequently, the Order Approving Compromise and Release was vacated and the matter remanded for further consideration of the agreement.

Petition for ReconsiderationOrder of DismissalMandatory Settlement ConferenceCompromise and Release AgreementNotice of Intention to DismissWorkers' Compensation Appeals BoardWCJEAMSLabor CodeFinal Order
References
Case No. ADJ3005615 (PAS 0035964) ADJ685961 (VEN 0120428)
Regular
Sep 12, 2018

Stephanie Curry vs. Pacific Care Behavioral Health Care, Inc., The Travelers Insurance Company, Rosemary Cottage, California Insurance Guarantee Association, Fremont Indemnity Company, Sedgwick Claims Management Services

This case concerns a petition for reconsideration regarding a compromise and release settlement in a workers' compensation matter. The applicant, Stephanie Curry, argued that the initial settlement approved by the Board did not accurately reflect the parties' intent, specifically omitting a provision for $7,300 to be paid to her attorney for a loan. The Board granted reconsideration, rescinded its prior approval of the first compromise and release, and approved a second, amended compromise and release that correctly included the attorney's lien provision. The Board found the amended settlement adequate and in the applicant's best interest, noting the prior overpayment by Travelers due to the omission.

Workers' Compensation Appeals BoardCompromise and ReleaseReconsiderationAttorney's LienLiving Expenses LoanIndustrial InjuryConsequential InjuryNew and Further DisabilityTemporary DisabilityPermanent Disability
References
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