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

Case No. ADJ4327763 (AHM 0109949) ADJ1603173 (AHM 0095602) ADJ4654695 (AHM 0095770) ADJ2408352 (AHM 2408352)
Regular
Nov 24, 2008

DONALD HORTON vs. LOS ANGELES COUNTY FIRE DEPARTMENT, Permissibly Self-Insured

The Workers' Compensation Appeals Board denied the Los Angeles County Fire Department's petition for reconsideration. The Board affirmed the administrative law judge's findings that the applicant, Donald Horton, sustained industrial injuries to multiple body parts, resulting in 93% permanent disability. The defendant failed to meet its burden to prove apportionment to prior industrial injuries as required by law.

Workers Compensation Appeals BoardLos Angeles County Fire DepartmentDonald Hortonindustrial injuryfirefighterpermanent disabilityapportionmentLabor Code section 4664Benson v. The Permanente Medical GroupAgreed Medical Evaluator
References
Case No. VNO 423671
Regular
Jun 13, 2008

NORMA RIVAS vs. COUNTY OF LOS ANGELES

The County of Los Angeles initially filed a petition for reconsideration but then dismissed it after changing legal counsel. The Board will dismiss this petition. Subsequently, the County filed a petition to set aside the original award; the Board grants reconsideration of the award and remands the case to the trial level to determine if good cause exists to set aside the award.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalGranting ReconsiderationDecision After ReconsiderationStipulated AwardPetition to Set Aside AwardGood CauseRescinded AwardTrial Level Proceedings
References
Case No. ADJ8059593
Regular
May 30, 2017

BRIAN VON DURING vs. COUNTY OF LOS ANGELES

The Workers' Compensation Appeals Board denied the County of Los Angeles' petition for reconsideration. The County argued the applicant, injured while participating in a work release program, was not an employee and was exempt from workers' compensation. The Board adopted the Judge's report, upholding the original Findings and Award granting benefits. The applicant's eligibility as an employee under the work release program was implicitly confirmed.

Work release programinmate exemptionwork release applicantself-insured employerWCJ report adoptionPetition for Reconsideration denialFindings and Awardworkers' compensation eligibilityemployee statusCounty Jail exemption
References
Case No. ADJ8949346, ADJ10021120
Regular
Aug 16, 2016

ANTHONY BERNARD EDWARDS (DEC) vs. CITY OF LOS ANGELES, LOS ANGELES WORLD AIRPORTS

The Workers' Compensation Appeals Board (WCAB) has granted the defendant's petition for reconsideration in the case of Anthony Bernard Edwards, deceased, versus the City of Los Angeles and Los Angeles World Airports. This decision allows for further review of the factual and legal issues to ensure a just and reasoned outcome. All future communications regarding the petition must be filed directly with the WCAB Commissioners in San Francisco, not with the district office or through the Electronic Adjudication Management System. The order specifies that trial-level documents unrelated to the reconsideration petition should continue to be e-filed normally.

WORKERS' COMPENSATION APPEALS BOARDPETITION FOR RECONSIDERATIONGRANTING RECONSIDERATIONCITY OF LOS ANGELESLOS ANGELES WORLD AIRPORTSVAN NUYS DISTRICT OFFICEDECISION AFTER RECONSIDERATIONSTATUTORY TIME CONSTRAINTSFACTUAL AND LEGAL ISSUESJUST AND REASONED DECISION
References
Case No. ADJ8453925
Regular
Feb 02, 2015

MARTHA HASSAN vs. COUNTY OF LOS ANGELES, Permissibly Self-Insured, Administered By INTERCARE INSURANCE

This case involves an applicant seeking workers' compensation benefits, with the primary dispute being her employment status as either an employee or an independent contractor. The defendant, County of Los Angeles, argued the applicant was an independent contractor, citing her ability to work for others and a contractual clause. However, the majority of the Workers' Compensation Appeals Board (WCAB) denied the defendant's petition for reconsideration, adopting the WCJ's findings that the applicant was an employee based on the County's right to control her work. A dissenting opinion argued that the applicant was an independent contractor due to her distinct occupation, skill, and control over the means of her work.

Workers' Compensation Appeals BoardIndependent ContractorEmployeeRight to ControlBorello factorsWCJPetition for ReconsiderationFindings of FactIndustrial InjuryCourt Interpreter
References
Case No. ADJ8279816 ADJ9818108
Regular
Aug 29, 2017

JAY SEVOIAN vs. COUNTY OF LOS ANGELES

This case involves a deputy sheriff seeking workers' compensation for cumulative industrial injuries. The Administrative Law Judge (ALJ) found compensable injuries to the applicant's knees, asthma, sleep disorder, hemorrhoids, irritable bowel syndrome, and hypertensive heart disease. The Defendant sought reconsideration, arguing that the hypertensive heart disease should only be attributed to the later injury date. The Board denied reconsideration, adopting the ALJ's report, which found that the stress from the original cumulative injury contributed to the hypertensive heart disease as a "new and further disability" or a "compensable consequence injury." Therefore, the injuries were correctly combined for a single permanent disability award, with no apportionment.

Workers' Compensation Appeals BoardDeputy SheriffCumulative InjuryHypertensive Heart DiseaseLabor Code Section 3212Permanent DisabilityApportionmentNew and Further DisabilityCompensable Consequence InjuriesAgreed Medical Evaluator
References
Case No. ADJ2107146 (VNO 0417008)
Regular
Nov 04, 2008

STEVE DUNNER vs. COUNTY OF LOS ANGELES

The Workers' Compensation Appeals Board denied reconsideration of a prior decision in the case of Steve Dunner v. County of Los Angeles. The Board adopted and incorporated the findings of the workers' compensation administrative law judge. This denial is based on the judge's credibility findings, which are given great weight.

Workers' Compensation Appeals BoardPetition for ReconsiderationDenying ReconsiderationWorkers' Compensation Administrative Law JudgeWCJ Credibility FindingGarza v. Workers' Comp. Appeals Bd.County of Los AngelesTristar Risk ManagementADJ2107146ADJ620318
References
Case No. ADJ8620327
Regular
Apr 11, 2016

THEMAS MCGEE vs. COUNTY OF LOS ANGELES

This case involves a petition for reconsideration filed by the defendant, County of Los Angeles, regarding a decision from January 26, 2016. The Workers' Compensation Appeals Board (WCAB) has granted this petition. The WCAB requires more time to thoroughly review the factual and legal issues to ensure a just and reasoned decision. All future correspondence related to the petition must be filed directly with the WCAB Commissioners in San Francisco, not with the district office, and not e-filed.

Workers' Compensation Appeals BoardPetition for ReconsiderationGrant of ReconsiderationCounty of Los AngelesJust and Reasoned DecisionStatutory Time ConstraintsFactual and Legal IssuesFurther ProceedingsElectronic Adjudication Management SystemSettlement
References
Case No. ADJ8677236, ADJ8260660
Regular
Jan 17, 2014

TINA DAVTYAN vs. COUNTY OF LOS ANGELES

The Workers' Compensation Appeals Board denied the County of Los Angeles's petition for removal regarding a trial setting order. The defendant claimed closing discovery and setting the case for trial caused substantial prejudice and irreparable harm. However, the Board found the defendant failed to demonstrate sufficient prejudice to warrant removal. The Board adopted the judge's recommendation, citing that removal is an extraordinary remedy not justified in this instance, and such issues can be raised at trial.

Workers' Compensation Appeals BoardPetition for RemovalMinute OrderClosing DiscoverySubstantial PrejudiceIrreparable HarmAdministrative Law JudgeReport and RecommendationExtraordinary RemedyReconsideration
References
Case No. ADJ2259921
Regular
Jan 18, 2018

LYNN TILMON vs. COUNTY OF LOS ANGELES

This case involves a workers' compensation appeal concerning a medical provider's bill. The Workers' Compensation Appeals Board (WCAB) affirmed an award for lien claimant White Memorial Medical Center, finding the defendant, County of Los Angeles, failed to properly respond to a request for second bill review regarding a PPO contract. The WCAB amended the original award to adjust the interest rate to 7% and referenced the correct statutory basis for interest and penalties. The issue of Labor Code section 5813 attorney fees and costs was deferred, with jurisdiction reserved at the trial level.

Workers' Compensation Appeals BoardLynn TilmonCounty of Los AngelesSedgwick Claims Management ServicesWhite Memorial Medical CenterFindings and AwardReconsiderationIndependent Bill Review (IBR)Explanation of Review (EOR)Official Medical Fee Schedule (OMFS)
References
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