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

Case No. ADJ7935113

Regular

Apr 22, 2014

JOSE CHAVEZ vs. AFFENTRANGER & SONS DAIRY FARMS, INC., STATE COMPENSATION INSURANCE FUND

This case involves a workers' compensation claim where the applicant, Jose Chavez, sustained an industrial injury to his right arm. The defendant sought reconsideration of an award granting temporary disability indemnity, arguing it exceeded the 104-week statutory cap. However, the parties subsequently reached a stipulation resolving this issue, including the 104-week cap and EDD reimbursement. The Appeals Board granted reconsideration and affirmed the original award, amending it to reflect the parties' stipulation regarding the temporary disability duration and EDD credit.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact and AwardCow milkerIndustrial injuryRight armTotal temporary disability indemnity104-week capLabor Code section 4656(c)(2)Employment Development Department

References

Case No. STK 189258

Regular

Jul 16, 2007

JUAN CARLOS SOLANO vs. FARIA DAIRY, INC., ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration to clarify the admissibility of medical reports due to a clerical error in exhibit designations. The Board affirmed the original Finding and Order, which denied the applicant's claim for industrial injury to his pulmonary system, chest, and psyche. The amended order simply corrected the exhibit numbers for specific medical reports.

WCABreconsiderationindustrial injurypulmonary systempsychemilkerFaria DairyZenith Insuranceadministrative law judgeclerical error

References

Case No. BAK 137052, BAK 138374, BAK 140170, BAK 140171, BAK 147127

Regular

Oct 12, 2007

CARLOS VACA vs. CARDOZA DAIRY FARMS, INC., STATE COMPENSATION INSURANCE FUND, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, BROADSPIRE, LEGION INSURANCE COMPANY

The Appeals Board granted reconsideration to correct clerical errors in a prior award, affirming the Administrative Law Judge's findings on industrial injury and disability for the applicant. The Board clarified that State Compensation Insurance Fund (SCIF) is liable for temporary and permanent disability benefits, noting that payments made by CIGA/Legion Insurance Company will be credited to avoid double recovery. The award also addresses attorney fees and clarifies benefit rates and amounts for the applicant.

Workers' Compensation Appeals BoardCardoza Dairy FarmsInc.State Compensation Insurance FundCalifornia Insurance Guarantee AssociationLegion Insurance CompanyliquidationBroadspireindustrial injuryspine

References

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JOSE CHAVEZ vs. AFFENTRANGER & SONS DAIRY FARMS, INC., STATE COMPENSATION INSURANCE FUND

JUAN CARLOS SOLANO vs. FARIA DAIRY, INC., ZENITH INSURANCE COMPANY

WCABreconsiderationindustrial injurypulmonary systempsychemilkerFaria DairyZenith Insuranceadministrative law judgeclerical error

CARLOS VACA vs. CARDOZA DAIRY FARMS, INC., STATE COMPENSATION INSURANCE FUND, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, BROADSPIRE, LEGION INSURANCE COMPANY