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

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. ADJ3792740 (OAK 0325116)
Regular
Dec 12, 2008

BONNIE REDDRICK vs. TENET/DOCTORS MEDICAL CENTER

This case concerns an award of appellate costs to the applicant's attorney. The Court of Appeal remanded the matter for the determination of these costs following the denial of the defendant's petition for review. The Appeals Board awarded $152.21 in costs, representing verifiable delivery expenses, as in-house copying, mailing, and labor costs are considered overhead and not recoverable.

Workers' Compensation Appeals BoardPetition for Writ of ReviewAppellate CostsLabor Code § 5811Johnson v. Workers' Comp. Appeals Bd.Supreme Court of CaliforniaItemized CostsDelivery CostsMailing CostsCopying Costs
References
Case No. ADJ4655359 (SRO 0135846)
Regular
Apr 08, 2011

FRANCISCO HERNANDEZ vs. SONOMA ROOFING SERVICES, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and affirmed a prior award of 100% permanent total disability for applicant's industrial injury. While the defendant contested the 100% disability finding and the award of cost of living adjustments (COLA), the Board found sufficient medical evidence supported the permanent disability. However, the commencement date for the COLA increases, specifically its retroactivity, was deferred pending a California Supreme Court decision in *Duncan*.

Workers' Compensation Appeals BoardPermanent Total DisabilityDiminished Future Earning CapacityLife PensionCost of Living AdjustmentsCOLALabor Code Section 4659Duncan v. Workers' Comp. Appeals Bd.Permanent Disability Rating SpecialistQualified Medical Examiner
References
Case No. ADJ3394569 (OAK 0341726) ADJ1459791 (OAK 0314647)
Regular
Nov 01, 2018

Wallace Garietz vs. Vertis Communications, ACE American Insurance Company

This case involves a dispute over the commencement date for permanent total disability (PTD) payments. The defendant seeks to change the PTD start date from December 14, 2006, to June 18, 2015, arguing entitlement to PTD only occurred in 2015. The Appeals Board denied reconsideration, upholding the original finding that applicant was entitled to PTD payments commencing in 2006. This decision aligns with established precedent that PTD benefits, including cost-of-living adjustments (COLAs), begin when the applicant first becomes entitled to those benefits, which in this case was their original permanent and stationary date in 2006.

Permanent Total DisabilityCommencement DateTemporary Total DisabilityPermanent Partial DisabilityMaximum Medical ImprovementCost of Living AdjustmentCOLABaker v. Workers' Comp. Appeals Bd.Permanent and Stationary DateBrower v. David Jones Construction
References
Case No. ADJ4292283 (SRO 0134365)
Regular
Dec 24, 2012

SYLVIA MILES vs. WAL-MART, INC., Permissibly Self-Insured

The Appeals Board granted reconsideration to re-evaluate an interim attorney's fee awarded in a permanent total disability case. Initially, the WCJ awarded $49,286.16, but the applicant's attorney argued it was unreasonably low and should account for Cost of Living Adjustments (COLAs). The Appeals Board rescinded the WCJ's decision, finding the attorney entitled to a 15% fee on the commuted present value of the lifetime award, including COLAs. This revised fee, calculated with a 3% COLA effective January 1, 2008, totals $94,985.91, commuted using the "uniformly increasing reduction method."

Workers' Compensation Appeals BoardPermanent Total DisabilityAttorney FeeReconsiderationCost of Living Adjustment (COLA)Labor Code Section 4659(c)Commuted ValuePresent Value CalculationsUniformly Increasing Reduction MethodLodestar Calculation
References
Case No. ADJ4677964
Regular
Apr 17, 2013

EUGENE GILMORE vs. AUTOLAND RESALE CENTER, STATE COMPENSATION INSURANCE FUND

This case involved a dispute over an attorney's fee in a workers' compensation claim where the applicant was awarded permanent total disability. The Appeals Board rescinded the original award, finding the WCJ's fee calculation was too low and did not properly account for cost of living adjustments (COLAs). The Board determined a 12% attorney's fee was reasonable, including COLAs calculated prospectively at a 3% average increase. The matter was returned to the trial level for recalculation of the attorney's fee based on these directives.

Workers' Compensation Appeals BoardFindings and AwardPermanent Total DisabilityAttorney's FeeReconsiderationCost of Living Adjustment (COLA)State Average Weekly Wage (SAWW)Permanent Disability Rating Schedule (PDRS)Medical TreatmentUniform Reduction Method
References
Case No. ADJ1544463 (SAC 0339686)
Regular
May 27, 2010

EPIFANIO RODRIGUEZ vs. HOME DEPOT USA, INC.

In this workers' compensation case, the defendant sought reconsideration of a finding that the applicant was entitled to permanent disability benefits and cost of living adjustments (COLAs) commencing January 1, 2004. The defendant argued this issue should be deferred pending the California Supreme Court's decision in *Duncan v. Workers' Comp. Appeals Bd.* The Appeals Board granted reconsideration, rescinded the original finding on the COLA commencement date, and deferred the issue. The matter was returned to the trial level pending the Supreme Court's ruling in *Duncan* or a similar case.

Workers' Compensation Appeals BoardEpifanio RodriguezHome Depot USAInc.Helmsman Management ServicesADJ1544463SAC 0339686ReconsiderationFindings and AwardPermanent and Total Disability
References
Case No. ADJ269375 (OAK 0301858)
Regular
Mar 25, 2011

ALFREDO MATA vs. WAGNER CONSTRUCTION COMPANY, ZURICH AMERICAN INSURANCE COMPANY

This case involves applicant Alfredo Mata's petition for reconsideration of a workers' compensation award for spinal and psychiatric injuries sustained in 2003. The applicant argued the initial 90% permanent disability rating was too low, seeking 100% permanent total disability. While the Board affirmed the 90% rating after reviewing the evidence, it deferred the determination of the life pension amount. This deferral is pending a California Supreme Court decision in *Duncan v. Workers' Comp. Appeals Bd.* regarding cost-of-living adjustments for permanent disability benefits.

Alfredo MataWagner Construction CompanyZurich American Insurance CompanyADJ269375OAK 0301858ReconsiderationPermanent DisabilityLife PensionCost of Living AdjustmentCOLA
References
Case No. ADJ823138 (OXN 0142604)
Regular
Oct 25, 2010

CHERYL PEET vs. COUNTY OF VENTURA, Permissibly SelfInsured, Administered By CORVEL CORPORATION

The Workers' Compensation Appeals Board is reconsidering a prior decision that found a deputy probation officer sustained industrial injuries resulting in 78% permanent disability. The defendant sought reconsideration, arguing the Qualified Medical Examiner's (QME) opinion, which formed the basis of the award, was ambiguous and unsubstantiated. The Board agrees that the QME's assessment of 60% whole person impairment is not adequately supported by the record, particularly in light of the applicant's own testimony regarding her daily activities. Therefore, the case is returned to the trial level for further evidence development and a new decision, with consideration for cost of living adjustments if a life pension is awarded.

Workers Compensation Appeals BoardCheryl PeetCounty of VenturaCORVEL CORPORATIONADJ823138OXN 0142604Opinion and Decision After Reconsiderationdeputy probation officerindustrial injuryright upper extremity
References
Case No. ADJ7315205
Regular
Jul 08, 2010

JOSE H. HERNANDEZ vs. COVE BUILDERS, INC., STATE COMPENSATION INSURANCE FUND

This case involves a dispute over the calculation of permanent disability (PD) payments for an applicant with 100% PD. The defendant appealed an order that adjusted PD payments based on a calculation by T. Blair McGowan, arguing that McGowan's calculations incorrectly applied a 15% increase under Labor Code section 4658(d)(2) and improperly included cost of living adjustments (COLA) prior to the date of injury. The Board granted reconsideration, finding the 15% increase inapplicable to 100% PD cases. However, due to the unsettled legal status of COLA calculations following *Duncan v. WCAB*, the Board rescinded the prior order and remanded the case for further proceedings to determine the correct PD rate.

Workers' Compensation Appeals BoardReconsiderationClerical ErrorPermanent Disability RateLabor Code Section 4658(d)(2)Labor Code Section 4659(c)Cost of Living AdjustmentDate of Injury100% Permanent DisabilityPermanent Partial Disability
References
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