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

Case No. ADJ7722627
Regular
Jun 01, 2012

FERNANDO FLORES vs. COUNTY OF MONTEREY

The defendant, County of Monterey, withdrew its Petition for Removal after reaching an agreement with the applicant, Fernando Flores, to utilize an agreed medical evaluator. The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition as a result of this withdrawal. This order effectively closes the removal process in this case.

Petition for RemovalAgreed Medical EvaluatorFindings and OrderWorkers' Compensation Appeals BoardDismissalIntercare InsuranceCounty of MontereyAdministrative Law JudgeApplicantDefendant
References
Case No. ADJ216420
Regular
Jul 02, 2009

Rachel Martinez vs. COUNTY OF MONTEREY

This case involves a petition for reconsideration filed by the defendant, County of Monterey, challenging a previous decision. The Workers' Compensation Appeals Board (WCAB) granted the petition. This grant is not a final ruling but allows the WCAB additional time to thoroughly review the factual and legal issues. The WCAB intends to issue a just and reasoned decision after this further study, and all future communications should be directed to the reconsideration unit in San Francisco.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting PetitionStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionDecision After ReconsiderationService by MailHanna BrophyLaw Offices of Stephen Sprenkle
References
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. ADJ10826283
Regular
Mar 12, 2019

PETER HLINKA vs. COUNTY OF SANTA BARBARA

The Workers' Compensation Appeals Board affirmed a finding of fact that an inmate was an employee of the County of Santa Barbara for workers' compensation purposes. The inmate voluntarily applied for and accepted a work assignment in the jail, which was not a condition of his incarceration. He received consideration in the form of better housing, food, and mobility, and the County's own resolution authorizing inmate work was permissive rather than compulsory. The Board also admonished the defendant for improperly citing an unpublished case.

Inmate EmploymentWorkers CompensationCounty JailVoluntary WorkConsiderationControlPenal Code 4017Rowland v. County of SonomaPruitt v. Workers' Comp. Appeals Bd.Labor Code 3351
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. SAL 0110469
Regular
Jan 22, 2008

DENNIS HOWELL vs. COUNTY OF MONTEREY

This case concerns the application of the correct workers' compensation rating schedule for a pre-2005 injury. The defendant argued for the revised schedule, claiming no temporary disability payments were made in 2004 and no permanent disability reports existed then. However, the Board found that the applicant *was* entitled to temporary disability benefits in 2004, triggering the obligation to issue notice regarding permanent disability. Therefore, the prior rating schedule applies to determine the applicant's permanent disability.

Workers' Compensation Appeals BoardDENNIS HOWELLCOUNTY OF MONTEREYindustrial injuryleft kneetemporary disabilitypermanent disabilityprior rating schedulerevised rating scheduleLabor Code section 4660(d)
References
Case No. ADJ1466189 (SAL 0112381) ADJ942854 (SAL 0109707)
Regular
May 07, 2012

GABRIELLE GAUCI vs. COUNTY OF MONTEREY, LIBERTY MUTAL INSURANCE

This case involves a petition for reconsideration filed by Gabrielle Gauci that was dismissed by the Workers' Compensation Appeals Board (WCAB). The dismissal was primarily due to the petition not being verified as required by Labor Code section 5902. Even if the petition had been verified, the WCAB would have denied it on the merits based on the administrative law judge's report. Therefore, the WCAB formally ordered the petition for reconsideration to be dismissed.

Petition for ReconsiderationVerifiedLabor Code section 5902DismissalWCJ Report and RecommendationMerit DenialWorkers' Compensation Appeals BoardApplicantDefendantCase Number
References
Case No. ADJ6748204
Regular
Jan 17, 2012

Stewart Espinoza vs. Los Angeles County Jail, Tristar Irvine

The Workers' Compensation Appeals Board granted reconsideration and reversed a judge's finding of employment for inmate Stewart Espinoza. The Board found that Espinoza, an inmate injured while working in the County Jail kitchen, was not an employee for workers' compensation purposes. This was because a County ordinance allowed inmates to be compelled to perform labor, negating a voluntary employment relationship. Therefore, the applicant was not an employee entitled to workers' compensation benefits.

Workers' Compensation Appeals BoardLos Angeles County Jailinmate laboremployee statusvoluntary workcompulsory laborPenal Code Section 4017Government Code Section 25359SCIF v. Workmen's Comp. Appeals Bd. (Childs)Parsons v. Workers' Comp. Appeals Bd.
References
Case No. ADJ8456371
Regular
Oct 10, 2014

## MARIA PEREZ, vs. COUNTY OF MONTEREY, permissibly self-insured,

The Workers' Compensation Appeals Board denied the County of Monterey's Petition for Removal, upholding the WCJ's decision. The Board found the County failed to demonstrate substantial prejudice or irreparable harm from obtaining a psychiatric evaluation for the applicant. While questioning the applicant's attorney's assertion of late service of a medical report, the Board noted reconsideration remains an adequate remedy. Removal is an extraordinary remedy, and the County did not meet the high threshold required.

Petition for RemovalWCABWorkers' Compensation Appeals BoardRemoval DenialWCJ ReportDr. Kraemer reportService DisputeSubstantial PrejudiceIrreparable HarmReconsideration Adequacy
References
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