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

Case No. ADJ7302483
Regular
Apr 13, 2012

ANTHONY JOHN COPPI vs. CITY OF WEST COVINA

This case involves a police officer's claim for a heart condition due to continuous work stress, with the defendant City of West Covina petitioning for reconsideration of the award. The Workers' Compensation Appeals Board denied the petition, adopting the Administrative Law Judge's report. The ALJ found the Agreed Medical Examiner's reports constituted substantial evidence and that the defendant failed to prove the applicant's psychiatric records were necessary for apportionment or that the condition was solely due to non-work factors. Additionally, the defendant's offer of regular work was untimely, thus not entitling them to a reduction in permanent disability.

Workers' Compensation Appeals BoardContinuous trauma injuryPolice officerHeart conditionHypertensionCirculatory systemPermanent disabilityAgreed Medical Evaluator (AME)Dr. Timothy ReynoldsAMA Guides
References
3
Case No. ADJ3673133 (VNO 0543877)
Regular
Sep 13, 2013

DAN GOLDFIELD vs. CITY OF WEST COVINA

The Workers' Compensation Appeals Board granted reconsideration and modified a prior award to allow the defendant employer a $30,000 credit for temporary disability indemnity paid to a firefighter during the pendency of his retroactive disability retirement. While the Board agreed with the Administrative Law Judge that the employer was entitled to some credit for the overpayment, they exercised discretion under Labor Code Section 4909 to grant a partial credit, deeming a full credit inequitable. The Board found that the overpayment was made in good faith, but the applicant would suffer hardship if the full amount was credited, given the payments were due when made and the employer delayed in raising the credit issue. Therefore, a compromise credit of $30,000 was awarded instead of the initial $1,505.44 or the employer's requested $69,120.88.

Workers' Compensation Appeals BoardCity of West Covinafirefightertemporary disability indemnityoverpaymentcreditpermanent disabilitydisability retirementLabor Code section 4909substantial medical evidence
References
6
Case No. ADJ921287
Regular
Nov 14, 2008

Anthony J. Coppi vs. CITY OF WEST COVINA

The Workers' Compensation Appeals Board granted reconsideration of its prior decision awarding attorney's fees. The Board increased the appellate attorney's fees from $2,500.00 to $5,675.00 and awarded $559.24 in costs. This adjustment was based on a revised review of the attorney's work, experience, and the complexity of the appellate issues, as well as the submission of billing statements and receipts.

Labor Code section 5801attorney's feesreconsiderationappellate attorney's feesOpinion and AwardPetition for Writ of ReviewWorkers' Compensation Appeals Boardhourly rateexperienceskill
References
1
Case No. ADJ7006852
Regular
Aug 28, 2015

FREDERICK DRAPER III vs. WEST COVINA SCHOOL DISTRICT

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for reconsideration of a June 11, 2015 decision. This action was taken due to statutory time constraints and an initial review indicating a need for further study of factual and legal issues. The WCAB aims to achieve a complete understanding of the record and issue a just decision after further proceedings. All future correspondence regarding the petition must be filed directly with the WCAB Commissioners' office, not district offices, and e-filing through EAMS is prohibited for these documents.

Workers' Compensation Appeals BoardPetition for ReconsiderationGrant of ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionFurther ProceedingsOffice of the CommissionersElectronic Adjudication Management System (EAMS)Trial Level Documents
References
0
Case No. ADJ2969972 (LAO 0870854)
Regular
Apr 29, 2011

LEONARD ORTIZ vs. CITY OF WEST COVINA, HAZELRIGG RISK MANAGEMENT SERVICES

This case involves a dispute over a workers' compensation settlement agreement (Compromise and Release or C&R). The defendant seeks to reinstate an order approving a C&R after the administrative law judge (WCJ) rescinded it due to a mathematical discrepancy on page six, creating an apparent clerical error. The Appeals Board granted reconsideration, rescinded the WCJ's order of rescission, and returned the case to the trial level. This action was based on the procedural due process requirement of a hearing before setting aside an order approving a settlement, regardless of the substantive discrepancy.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalOrder Rescinding Order Approving Compromise and ReleaseCompromise and Release agreementclerical errorpermanent disability advancesattorneys' feestypographical errorEAMS system
References
0
Case No. ADJ7754087
Regular
Jun 20, 2014

SUSAN WILLIAMS vs. CITY OF WEST COVINA, Permissibly Self-Insured, Adjusted By CORVEL

This case concerns a workers' compensation claim where the applicant sustained an industrial injury to her psyche. The defendant sought reconsideration, arguing the permanent disability indemnity rate was incorrectly calculated and requesting sanctions for discovery non-compliance. The Appeals Board granted reconsideration to correct a clerical error in the weekly indemnity rate, reducing it from $270.00 to $230.00, but otherwise affirmed the original award. The Board denied the request for sanctions, finding the defendant failed to present evidence to support their petition.

Workers' Compensation Appeals BoardPublic Information OfficerIndustrial InjuryPsychePermanent DisabilityWeekly RateClerical ErrorPetition for ReconsiderationPetition for SanctionsDiscovery
References
2
Case No. ADJ4602757 (LBO 0396075)
Regular
Sep 08, 2014

Janice Jablonski vs. Covina Valley Unified School District, York Risk Services Group

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration. The Board found that the report of Dr. Windman, relied upon by the WCJ for a portion of the permanent disability rating, did not constitute substantial medical evidence due to an inadequate medical history. Consequently, the Board rescinded the original Findings and Award. The case was returned to the WCJ for a new permanent disability rating, to be based solely on the report of the panel Qualified Medical Evaluator, Dr. Justice.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardPermanent Disability RatingSubstantial Medical EvidenceAgreed Medical ExaminerQualified Medical EvaluatorRange of EvidenceInadequate Medical HistoryIndustrial Injury
References
0
Case No. ADJ4027846 (LBO 0307467) ADJ2201422 (LBO 0361370)
Regular
Sep 12, 2014

RUBEN ESTRADA OVALLE vs. BRISTOL FARMS, AMERICAN CASUALTY, PHICO, SEDGWICK, SPRINGFIELD COVINA

The Workers' Compensation Appeals Board dismissed two petitions for reconsideration filed by applicant Ruben Estrada Ovalle. The first petition was dismissed because it challenged a non-final interlocutory order, not a decision determining substantive rights or liabilities. The second petition was dismissed as unverified and unintelligible, failing to comply with Labor Code requirements. Additionally, the applicant's answer to the WCJ's Report was disregarded for violating WCAB Rules.

Petition for ReconsiderationFinal OrderInterlocutory OrderSubstantive RightLiabilityUnverified PetitionUnintelligible PetitionWCAB Rule 10848Dismissed PetitionsWorkers' Compensation Appeals Board
References
9
Case No. ADJ10237267
Regular
Jan 31, 2018

KENNETH ANGEL vs. ABLE ENGINEERING, ZURICH NORTH AMERICA

This Workers' Compensation Appeals Board case concerns applicant Kenneth Angel's request for a replacement Qualified Medical Evaluator (QME) in dentistry. Angel argued that the assigned QME, Dr. David Polushkin, was not licensed to practice at the West Covina location where the evaluation occurred. The Board denied reconsideration, finding insufficient evidence that Dr. Polushkin was ineligible to practice at that location, as "address of record" does not necessarily preclude other authorized practice sites. Furthermore, the Board noted that issues of QME eligibility are within the purview of the Administrative Director, not the Appeals Board.

QME panelreplacement QMEdental QMEWCJPetition for ReconsiderationAmended Findings of FactverificationwaivereligibilityAdministrative Director
References
0
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