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

Case No. ADJ7721471
Regular
Jun 18, 2012

DANIEL MURPHY vs. CALIFORNIA HIGHWAY PATROL, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to clarify that the applicant's basal cell carcinoma is not an insidious progressive disease, therefore jurisdiction cannot be reserved for future permanent disability beyond the statutory five-year limit. The Board amended the findings to state that the injury was to the applicant's nose, not all sun-exposed skin, and future basal cell carcinomas would be considered new injuries. This decision clarifies that the applicant's current award covers the injury to his nose, and any future skin cancers will require separate claims.

Workers' Compensation Appeals BoardCalifornia Highway PatrolState Compensation Insurance FundDaniel MurphyHighway Patrol Officerbasal cell carcinomainsidious progressive diseasereservation of jurisdictionLabor Code section 5804General Foundry Service v. Workers' Comp. Appeals Bd. (Jackson)
References
Case No. ADJ9778324
Regular
Nov 08, 2017

JAIRO RAMOS vs. JTS JOSE TREE SERVICE, INC., JOSE MIGUEL SOTO, DANIEL SOTO, UNINSURED EMPLOYERS BENEFITS TRUST FUND

This case involves a workers' compensation claim where the applicant sustained an admitted industrial injury. The primary issue is determining the identity of the employer(s), with allegations of joint ownership/operation between JTS Jose Tree Service, Inc., Jose Miguel Soto, and Daniel Soto. Jose Soto's petition for reconsideration was dismissed as untimely and procedurally deficient. Daniel Soto's petition was granted because the original findings lacked evidentiary support and the record required further development regarding employment status and potential licensing issues. The case is remanded to the trial level for further proceedings.

Workers Compensation Appeals BoardJTS Jose Tree ServiceJose Miguel SotoDaniel SotoUninsured Employers Benefits Trust FundFindings of FactOrder of DeferralPetition for ReconsiderationJoint EmployersSubstantial Shareholder
References
Case No. Misc. No. 254
Regular
Apr 20, 2012

Daniel Escamilla vs. Workers' Compensation Appeals Board

The Workers' Compensation Appeals Board (WCAB) denied Daniel Escamilla's petitions seeking production of eleven sanction case files and clarification of issues. The WCAB found Mr. Escamilla already possessed or had access to the relevant documents and had adequate notice of the issues concerning his alleged misconduct. His objections to providing an offer of proof were deemed untimely and without merit. Consequently, the Board affirmed the existing procedures and denied his requests.

WCABDaniel Escamillasanction proceedingsoffer of proofpetition for removalLabor Code Section 4907suspensionremoval of privilegerepresentativemoral character
References
Case No. ADJ1398358 (SFO 0458408) ADJ235796 (SFO 0453152)
Regular
Nov 29, 2011

MARYELLEN MURPHY vs. SAN LEANDRO UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board denied reconsideration of a decision awarding applicant Maryellen Murphy 78% permanent disability for bilateral knee and back injuries. The Board adopted the judge's reasoning, which found the applicant's QME's opinion persuasive and insufficient evidence to apportion knee disability. The Board also admonished the defendant for repeatedly referencing excluded evidence.

Workers' Compensation Appeals BoardMaryellen MurphySan Leandro Unified School DistrictKeenan & AssociatesADJ1398358ADJ235796Petition for ReconsiderationDeniedSub-rosa videoDr. Lavorgna
References
Case No. ADJ6778085
Regular
Jan 08, 2014

DANIEL LOBATO vs. PENHALL INTERNATIONAL CORPORATION, ZURICH/CONVERIUM, Administered by SEDGWICK CMS

The Workers' Compensation Appeals Board (WCAB) has issued an Opinion and Order dismissing a Petition for Reconsideration in the case of Daniel Lobato v. Penhall International Corporation. The petitioner, who filed the reconsideration, has withdrawn their petition. Consequently, the WCAB has formally dismissed the reconsideration as requested.

Petition for ReconsiderationWithdrawn PetitionerDismissed PetitionWorkers' Compensation Appeals BoardADJ6778085November 14 2013 DecisionLong Beach District OfficeZurich/ConveriumSedgwick CMSPenhall International Corporation
References
Case No. ADJ4229205 (MON0323976)
Regular
Oct 03, 2017

ADRINE GARABEDIAN vs. DANIEL BOUDAIE, an individual, dba DANIEL BOUDAIE, D.D.S., UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Workers' Compensation Appeals Board denied reconsideration of a prior award. The applicant's attorney fees under Labor Code § 5814.5 were determined in a 2013 award, which became final despite the exact amount being deferred for itemization. The Board found that the applicant was not seeking penalties more than two years from the due date, and therefore, Labor Code § 5814(g) did not apply to bar recovery. The prior award established a substantive right to attorney fees, and the reservation of jurisdiction for amount adjustment did not negate its finality.

WORKERS' COMPENSATION APPEALS BOARDPETITION FOR RECONSIDERATIONDENYWCJ REPORTADRINE GARABEDIANDANIEL BOUDAIEUNINSURED EMPLOYERS BENEFITS TRUST FUNDSECTION 5814(G)PENALTIESATTORNEY FEES
References
Case No. ADJ784406 (FRE 0235717) ADJ1582511 (FRE 0243418)
Regular
Apr 02, 2013

ALTON TALLEY vs. MARK ONE CORPORATION, NBJ/ELNESS CONVALESCENT HOSPITAL, INTERCARE INSURANCE SERVICES

The Workers' Compensation Appeals Board denied reconsideration of an arbitration decision regarding medical expense allocation. The decision relied on Dr. Baker's opinion that the December 12, 2006 injury, insured by Intercare, was primarily responsible for treatment expenses between that date and December 10, 2008. The petitioner argued Dr. Baker's report was not substantial evidence and that Dr. Murphy's report should prevail. However, the Board adopted Dr. Baker's report, noting Dr. Murphy's own report largely concurred with its findings for the disputed period.

WORKERS' COMPENSATION APPEALS BOARDALTON TALLEYMARK ONE CORPORATIONNBJ/ELNESS CONVALESCENT HOSPITALINTERCARE INSURANCE SERVICESRICHARD G. BAKERM.D.DR. MURPHYSUBSTANTIAL EVIDENCEMEDICAL OPINION
References
Case No. ADJ7949362
Regular
Dec 14, 2015

DANIEL CONTRERAS vs. GHILOTTI BROTHERS INCORPORATED, ZURICH

This case involves a petition for reconsideration filed by a petitioner that was subsequently withdrawn. The Workers' Compensation Appeals Board has issued an order dismissing the petition due to its withdrawal. Therefore, the appeal proceeding is terminated as per the petitioner's request.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissedWithdrawnGhilotti Brothers IncorporatedZurichDaniel ContrerasADJ7949362San Francisco District OfficeMarguerite Sweeney
References
Case No. ADJ3870460 (ANA 410080)
Regular
Nov 15, 2010

LEONARD ROBINSON vs. NEW YORK KNICKERBOCKERS, MURPHY & BEANE

The Board granted reconsideration to address the proper workers' compensation permanent disability rating schedule. The defendant argued the WCJ erred in applying the 1997 Schedule, contending the 2005 Schedule or, alternatively, the 1978 Schedule should apply. The WCJ's reliance on Labor Code § 4061 exceptions was found to be flawed, as the statute was not in effect during the applicant's period of temporary disability. The case was returned to the trial level for a determination on the correct schedule, considering the effective dates of relevant statutes and the existence of any pre-2005 medical reports indicating permanent disability.

Workers' Compensation Appeals BoardLeonard RobinsonNew York KnickerbockersPermissibly Self-InsuredMurphy & BeaneReconsiderationAmended Findings and AwardWCJCumulative InjuryIndustrial Injury
References
Case No. ADJ7895528 (VNO 0538295) ADJ944426
Regular
May 07, 2012

DANIEL BELLING vs. UNITED PARCEL SERVICE, LIBERTY MUTUAL INSURANCE

The Workers' Compensation Appeals Board (WCAB) dismissed the petition for reconsideration because it was not filed from a "final" order that determined a substantive right or liability. Interlocutory orders, such as the one regarding evidence or trial setting in this case, are not subject to reconsideration. The WCAB also denied the petition for removal, adopting the Workers' Compensation Judge's report and finding no showing of substantial prejudice or irreparable harm. Therefore, the petition for reconsideration was dismissed and removal was denied.

Petition for ReconsiderationPetition for RemovalFinal OrderInterlocutory OrderSubstantive RightLiabilityWCJ ReportSubstantial PrejudiceIrreparable HarmWCAB
References
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