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

Case No. ADJ4640837 (GRO 0031810)
Regular
Jan 05, 2009

JOEY M. COSTA vs. HARDY DIAGNOSTIC, STATE COMPENSATION INSURANCE FUND

The Appeals Board reversed the WCJ’s decision and allowed the costs of Ms. Wallace’s report and testimony, finding that inadmissibility is not a basis for disallowing reimbursement and that the standards for reimbursement were met.

Workers' Compensation Appeals BoardPermanent Disability Rating ScheduleReconsiderationVocational Rehabilitation ExpertRebuttal EvidenceLabor Code Section 5811Reasonable and Necessary CostsAdmissibilitySettlement NegotiationsBarr v. Workers' Comp. Appeals Bd.
References
Case No. ADJ1909369 (LAO 0760509)
Regular
Mar 24, 2010

SANTOS MORALES vs. ASSOCIATED ROOFERS, INC., CENTRE INSURANCE COMPANY, RISK ENTERPRISE 600 BREA

The Workers' Compensation Appeals Board granted reconsideration of a prior award concerning applicant Santos Morales' industrial injuries. The Board found the applicant's petition timely and that the Workers' Compensation Judge (WCJ) miscalculated the life pension. The case is returned to the trial level for further proceedings and a new decision, as the WCJ must revisit permanent disability, apportionment, and the costs of the vocational rehabilitation expert in light of controlling legal precedent. The WCJ should re-evaluate the vocational rehabilitation expert's costs based on the Appeals Board's en banc decisions in *Costa I* and *II*.

Workers' Compensation Appeals BoardIndustrial InjuryPsycheCervical SpineShoulder InjuryPermanent Partial DisabilityDisability IndemnityLife PensionVocational Rehabilitation ExpertReconsideration
References
Case No. ADJ277378 (OAK 0321116)
Regular
Jan 04, 2010

RANDALL MINVIELLE vs. COUNTY OF CONTRA COSTA / CONTRA COSTA FIRE

The Workers' Compensation Appeals Board denied reconsideration, affirming the finding that the applicant sustained industrial injury to his back on November 22, 2004, resulting in 31% permanent disability without apportionment. The employer sought to subtract a prior 1992 award of 27.5% permanent disability under Labor Code section 4664. However, the Board found that the defendant failed to prove "overlap" because the two injuries were rated using different standards (PDRS for the prior injury and AMA Guides/ROM method for the current injury). Since the permanent disability from both injuries could not be calculated under the same standard, apportionment was not permitted.

Workers' Compensation Appeals BoardRandall MinvielleCounty of Contra CostaContra Costa Firelegally uninsuredfirefighterindustrial injuryback injurypermanent disabilityapportionment
References
Case No. OAK 0321116
Regular
Jun 25, 2008

RANDALL MINVIELLE vs. COUNTY OF CONTRA COSTA / CONTRA COSTA FIRE

The Workers' Compensation Appeals Board rescinded the prior award because the defendant failed to prove overlap between the applicant's 2004 and 1992 back injuries. Apportionment under Labor Code section 4664 was improper as the permanent disability from each injury was rated under different standards (1950 schedule vs. AMA Guides). The case was returned to the trial level to determine if both injuries could be rated under the same standard for proper apportionment.

Workers' Compensation Appeals BoardRandall MinvielleCounty of Contra CostaContra Costa Firelegally uninsuredOAK 0321116Opinion and Decision After Reconsiderationindustrial injuryfirefighterback injury
References
Case No. ADJ1926394 (POM 0267363)
Regular
Jul 20, 2009

Francisco Costa vs. Ralph's Grocery Company

The Workers' Compensation Appeals Board granted reconsideration of a $100\%$ permanent disability award to Francisco Costa. Defendant Ralph's Grocery Company argued that $20\%$ of the disability should be apportioned to Costa's pre-existing congenital spinal stenosis, citing medical opinions. The Board found that the medical record justified apportionment but lacked sufficient detail on the basis for the physicians' opinions. Consequently, the Board rescinded the award and returned the case to the trial level for further development of the medical record regarding apportionment.

WCABRalph's Grocery CompanyFrancisco Costapermanent disabilityapportionmentcongenital spinal stenosiscauda equina syndromedecompression surgeryQMEsubstantial medical evidence
References
Case No. ADJ7927883
Regular
May 22, 2015

JEFF JANZEN vs. CITY OF COSTA MESA, COSTA MESA FIRE DEPARTMENT

This case involves a fire captain's cumulative trauma claim for injuries to multiple body parts, including sinuses, lungs, and back. The employer, City of Costa Mesa, argued the claim was time-barred under Labor Code §5412. However, the Workers' Compensation Appeals Board upheld the administrative law judge's decision, finding the applicant lacked knowledge of the cumulative nature of his injury until consulting an attorney. Therefore, the Board determined the statute of limitations did not bar the claim, as his disability was not known to be industrially caused until shortly before filing.

Workers' Compensation Appeals BoardJEFF JANZENCITY OF COSTA MESAPermissibly Self-InsuredFindings Award and Orderindustrial injurysinuseslungsskinneck
References
Case No. ADJ8307297
Regular
Sep 13, 2013

DAVID BROWN vs. CONTRA COSTA COUNTY

The Workers' Compensation Appeals Board (WCAB) granted the applicant David Brown's petition for reconsideration of a prior decision concerning his case against Contra Costa County. The WCAB found that reconsideration was necessary to thoroughly review the factual and legal issues involved. The Board will conduct further proceedings and issue a Decision After Reconsideration. All future communications regarding this case must be filed in writing directly with the WCAB Commissioners, not with any district office or via e-filing.

Workers' Compensation Appeals BoardPetition for ReconsiderationDecision After ReconsiderationElectronic Adjudication Management Systemstatutory time constraintsfactual and legal issuesjust and reasoned decisionOffice of the CommissionersOakland District OfficeContra Costa County
References
Case No. ADJ1582101
Regular
Jun 16, 2011

MARITHA DE WERK vs. COUNTY OF CONTRA COSTA

The County of Contra Costa petitioned for reconsideration of an award of total permanent disability for Maritha De Werk, arguing for apportionment to non-industrial factors and between separate injuries. The parties subsequently notified the Board of a tentative settlement agreement. To allow for settlement approval and potential further proceedings, the Appeals Board granted reconsideration. The matter is being held in abeyance pending settlement finalization.

Workers' Compensation Appeals BoardMaritha De WerkCounty of Contra CostaPermissibly Self-InsuredADJ1582101WCJ 0059766Opinion and Order Granting ReconsiderationNew and further disabilitySpecific injuryCumulative trauma injury
References
Case No. ADJ3578571
Regular

RONALD FUDALA vs. CONTRA COSTA ELECTRIC, INC., CNA INSURANCE CORPORATION

The Workers' Compensation Appeals Board dismissed Ronald Fudala's Petition for Removal against Contra Costa Electric, Inc. and CNA Insurance Corporation. The dismissal was based on the mediator's report, which indicated the disputed issue of entitlement to ankle surgery had been resolved. Consequently, the matter before the Board became moot.

Petition for RemovalAnkle SurgeryMoot IssueWorkers' Compensation Appeals BoardDismissalContra Costa ElectricCNA Insurance CorporationADJ3578571OAK 0266336Mediator Report
References
Case No. ADJ1674856
Regular
Dec 29, 2010

BARBARA SOREM-HUGHLETT, BARBARA HUGHLETT vs. VENTURA COUNTY, CHARTIS COSTA MESA

This case involves multiple workers' compensation claims filed by Barbara Sorem-Hughlett against Ventura County and Chartis Costa Mesa. The Workers' Compensation Appeals Board (WCAB) has issued an Opinion and Order Granting Petition for Reconsideration in these consolidated cases. Therefore, all future communications, objections, and motions related to these claims must be directed to the WCAB's San Francisco office, not any local office, pending a Decision After Reconsideration. The order was filed on December 29, 2010.

Sorem-HughlettVentura CountyChartis Costa MesaPetition for ReconsiderationWorkers' Compensation Appeals BoardDecision After ReconsiderationOffice of the CommissionersRonnie G. CaplaneJames C. CuneoAlfonso J. Moresi
References
Showing 1-10 of 141 results

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