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

Case No. MISSING
Regular Panel Decision

Claim of Keselman v. New York City Transit Authority

Claimant, injured in 1986, initially established a right shoulder injury. The Workers’ Compensation Board affirmed this but denied a causally related neck injury in 1996. After another application in 1998 alleging a worsened neck condition, the Workers’ Compensation Law Judge found a causally related neck injury and permanent partial disability, awarding benefits from February 5, 1998, which the Board affirmed. Separately, the Board also ruled the employer was entitled to credit schedule payments against disability payments made after February 5, 1998. The court affirmed both decisions, finding substantial evidence supported the deterioration of the neck injury post-1996 and that schedule awards are independent of actual disability periods, thus allowing the employer's credit.

Workers' CompensationPermanent Partial DisabilitySchedule AwardDisability PaymentsNeck InjuryRight Shoulder InjuryCausally Related InjuryReopening CaseMedical EvidenceMRI
References
7
Case No. ADJ2759696 (VNO 0492027)
Regular
Oct 11, 2010

WOON YOUNG PARK vs. FILM PAYMENT SERVICES, INC., CHARTIS INSURANCE

The Board granted reconsideration, rescinding the WCJ's decision on the defendant's credit for overpaid temporary disability. The defendant is allowed credit for temporary disability payments made from March 26, 2009, to June 3, 2009, at the temporary disability rate. Further credit is granted for payments made from June 4, 2009, to December 7, 2009, at the permanent disability rate of $185.00 per week. The Board denied further credit due to insufficient evidence regarding post-AME report overpayments.

Petition for ReconsiderationPermanent DisabilityTemporary DisabilityCreditStipulated AwardAgreed Medical ExaminationPermanent and StationarySection 4909Abuse of DiscretionDue Process
References
0
Case No. ADJ124002
Regular
Apr 21, 2011

RAMON RUIZ vs. DOLE FRESH VEGETABLES, SPECIALTY RISK SERVICES

The Appeals Board granted reconsideration and modified a prior award regarding temporary disability overpayments. Defendant sought credit for temporary disability paid during the applicant's off-season and after the permanent and stationary date. The Board denied credit for off-season payments, finding them inequitable. However, credit was allowed for temporary disability paid after the permanent and stationary date, recognizing these payments as advances against permanent disability.

ADJ124002Findings Order AwardPermanent DisabilityTemporary DisabilityCredit for OverpaymentOff-Season EmploymentPermanent and Stationary DateLabor Code 4909Equitable PrinciplesDouble Recovery
References
1
Case No. ADJ1755508
Regular
Mar 30, 2011

SOSTENES REYES vs. PRO TRADES CONNECTION, AMERICAN HOME ASSURANCE

The Workers' Compensation Appeals Board granted reconsideration of the initial award, primarily addressing the defendant's contentions regarding the applicant's average weekly wage and credit for temporary disability payments. The Board agreed with the WCJ's recommendation to amend the award to include credit for temporary disability payments already made. Additionally, the Board corrected a clerical error concerning the permanent disability indemnity, incorporating credit for past payments and an attorney's fee. The award was otherwise affirmed, confirming the applicant's admitted industrial injury and $100\%$ permanent total disability.

WCABReconsiderationAverage Weekly EarningsTemporary Total DisabilityPermanent Total DisabilityCredit for PaymentsSupplemental PetitionClerical ErrorAttorney FeeMedical Treatment
References
0
Case No. ADJ1970560 (OAK 0344240)
Regular
Mar 09, 2016

VAZGEN MANAS vs. THE DIRECTOR OF THE DEPARTMENT OF INDUSTRIAL RELATIONS, as administrator of the SUBSEQUENT INJURIES BENEFITS TRUST FUND

This case concerns a credit sought by the Subsequent Injuries Benefits Trust Fund (SIBTF) for permanent disability advances paid to the applicant. The SIBTF argued that its liability for combined permanent disability should be calculated under Labor Code section 4751, which limits liability to the difference between the combined disability and the disability from the subsequent injury alone. The Workers' Compensation Appeals Board agreed, reversing the prior finding that allowed a credit under section 4753 for the employer's payments. The Board clarified that section 4753 applies to payments for preexisting disability, not the subsequent industrial injury, and thus SIBTF's credit is limited by section 4751.

Subsequent Injuries Benefits Trust FundLabor Code section 4751Labor Code section 4753permanent disability advancespreexisting permanent disabilitysubsequent industrial injurycombined permanent disabilitycreditWCJFindings of Fact
References
6
Case No. ADJ1801165 (VNO 0533524)
Regular
Apr 30, 2010

WILFREDO MARROQUIN vs. THE KROGER COMPANY dba RALPHS GROCERY COMPANY/FOOD 4 LESS, PERMISSED BY SEDGWICK CLAIMS MANAGEMENT SERVICES

This case involves an employee, Wilfredo Marroquin, who sustained industrial injuries to his neck, shoulders, and elbows. The primary dispute concerns the employer's claim for credit for temporary disability payments, which significantly exceeded the permanent disability award. The Administrative Law Judge initially denied the credit, citing equity concerns due to the large sum relative to the award and the employer's proper benefit payments. The Appeals Board granted reconsideration, recognizing the discretion to allow credit but emphasizing that denial is appropriate if it undermines the purpose of permanent disability benefits. The case is returned to the trial level for the WCJ to assess the equities of both parties regarding partial credit.

Wilfredo MarroquinThe Kroger CompanyRalphs Grocery CompanySedgwick Claims Management ServicesADJ1801165VNO 0533524Petition for ReconsiderationFindings and Awardindustrial injuryjanitor
References
7
Case No. ADJ3569452 (LAO 0745593)
Regular
May 22, 2009

MICHELLE SMALLWOOD vs. MEDPARTNERS; SPECIALTY RISK LA HABRA

The Workers' Compensation Appeals Board granted reconsideration to correct a clerical error, acknowledging the defendant's entitlement to credit for previously paid permanent disability and attorney fees stemming from a 1998 stipulated award. The Board affirmed the original decision's finding of 84% permanent disability and a life pension, rejecting the defendant's arguments for further apportionment to an unfiled claim and for commuting the attorney's fee solely from permanent disability payments. The decision amends specific findings to include the credit for prior payments, ensuring no unjust enrichment.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardIndustrial InjuryX-ray TechnicianNeck InjuryBack InjuryPsyche InjuryFibromyalgiaPermanent Disability
References
2
Case No. ADJ4250207
Regular
Sep 14, 2022

MAHEALANI MAHEALANI vs. CITY OF SAN JOSE, INTERCARE

This case involves an applicant seeking workers' compensation benefits from the City of San Jose. The applicant and the defendant both petitioned for reconsideration of the initial findings and award regarding temporary and permanent disability indemnity and attorney's fees. The Appeals Board granted reconsideration to address these issues. The Board affirmed the attorney's fees award but amended the findings to credit the defendant for previously paid temporary and permanent disability indemnity payments. Additionally, the Board clarified that permanent disability payments commence the day after the last temporary disability payment.

ADJ4250207ADJ6554121ADJ171328ADJ2689808temporary disability indemnitypermanent disability indemnityattorney's feescompanion casescreditreconsideration
References
3
Case No. ADJ7917429
Regular
Mar 10, 2014

ROBERTO SALAZAR vs. WTS INTERNATIONAL, INC., TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

This case concerns a dispute over defendant's credit for Employment Development Department (EDD) payments against the applicant's permanent disability award. Initially, the WCJ granted the defendant credit for the entire period EDD paid benefits. Upon reconsideration, the Appeals Board clarified that the defendant is only entitled to credit for EDD payments made from January 2, 2012, to May 10, 2012, as these were effectively permanent disability advances. The Board rescinded the original award and amended the findings to reflect this adjusted credit.

Petition for ReconsiderationStipulated AwardPermanent DisabilityTemporary DisabilityCredit for PaymentsEmployment Development DepartmentEDDState Disability InsuranceSDIReimbursement
References
1
Case No. ADJ7318712
Regular
Jul 03, 2013

MARGUERITE KINSELLA vs. SIMI VALLEY HOSPITAL, ADVENTIST HEALTH

The Appeals Board granted reconsideration to allow the defendant a credit for overpaid temporary disability indemnity against retroactive temporary disability indemnity, subject to proof. The Board affirmed the WCJ's findings on the industrial injury and permanent disability, except for the credit issue. Defendant's claim for credit for overpaid permanent disability was denied as the award was already paid, though the possibility of future credit upon reopening was noted. The Board also clarified the attorney's fees award, requiring payment with "new money" if prior awards were already paid.

Petition for ReconsiderationFindings and AwardTemporary Disability IndemnityPermanent DisabilityCredit for OverpaymentWCJAppeals BoardSubstantial EvidenceLabor Code Section 4909Equitable Principles
References
6
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