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

Case No. ANA 0385112
Regular
Feb 15, 2008

LIANA SAENZ vs. ORANGE COUNTY DEPARTMENT OF EDUCATION, Permissibly Self-Insured, Adjusted By SOUTHERN CALIFORNIA RISK MANAGEMENT ASSOCIATES, INC.

This case involves a dispute over which workers' compensation permanent disability rating schedule to apply. The applicant sustained injury before January 1, 2005, but the defense QME report determining her permanent and stationary status was dated November 2004 but not signed until February 2005. The Appeals Board granted reconsideration to apply the 1997 Schedule, finding that the date of the physician's evaluation, not the signing date of the report, should control when an exception to the 2005 Schedule is invoked for pre-2005 injuries.

Workers' Compensation Appeals BoardCumulative trauma injuryPermanent disability rating2005 Schedule1997 ScheduleLabor Code section 4660(d)Qualified Medical EvaluatorComprehensive medical-legal reportPermanent and stationary statusDate of evaluation
References
Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. LAO 823855, LAO 823856
Regular
Oct 03, 2007

PEDRO M. RODRIGUEZ vs. RALPHS GROCERY COMPANY

The applicant sought reconsideration of a denial of workers' compensation benefits, which was based on the finding that his claims were filed after notice of termination. The Board affirmed the denial, concluding that the applicant's job abandonment led to a termination prior to the filing of his claims. The Board also determined that the employer properly denied both the specific and cumulative trauma claims, thus negating a presumption of compensability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderFindings of FactAdministrative Law JudgeApplicantDefendantRalphs Grocery CompanySecurity GuardIndustrial Injury
References
Case No. ADJ7270261
Regular
Mar 01, 2012

MEKAL FARUKI vs. MACY'S DEPARTMENT STORES

This case involves Mekal Faruki's petition for reconsideration of a Workers' Compensation Appeals Board decision. The Board dismissed the petition as untimely. Labor Code section 5903 establishes a strict 20-day deadline for filing reconsideration petitions, with a possible 5-day extension for mailing. Critically, the petition is considered filed upon receipt, not mailing date. Faruki's petition was filed over 25 days after the December 10, 2010 decision, rendering it jurisdictionally barred.

Mekal FarukiMacy's Department StoresPetition for ReconsiderationUntimely FilingLabor Code Section 5903WCAB Rule 10507Jurisdictional Time LimitDismissalWorkers' Compensation Appeals BoardSacramento District Office
References
Case No. GRO 024430
En Banc
Dec 08, 2004

Myron Abney vs. Aera Energy, Liberty Mutual Insurance Company

The Appeals Board held that the amended Labor Code section 5814, which changed penalty calculations for unreasonable delay of compensation, applies to delays that occurred before its June 1, 2004 operative date, if the finding of unreasonableness is made on or after that date.

SB 899Labor Code section 5814unreasonable delaypenaltyoperative datetemporary disability indemnityHofmeister v. Workers' Comp. Appeals Bd.prior to operative dateon or after operative dateconclusive presumption
References
Case No. ADJ1707650 (SAL 0075628)
Regular
Jun 20, 2011

KAREN CLARK (Deceased) JEFFREY J. CLARK(Dependent) vs. AIRBORNE EXPRESS/DHL, AMERICAN MANUFACTURER'S INSURANCE COMPANY/SEDGWICK CLAIMS MANAGEMENT SERVICES

The applicant sought reconsideration of a decision that barred their death benefit claim due to the statute of limitations. They argued that compensable consequence injuries should be treated as new injuries, with the date of knowledge of industrial causation being the relevant date. The Workers' Compensation Appeals Board granted reconsideration, adopting the judge's report, and amended the findings. The amended finding clarifies the injured worker's death from a Fentanyl overdose and asserts it was a compensable consequence of a prior industrial injury.

Workers' Compensation Appeals BoardDeath CaseLabor Code section 5406Compensable consequence injuriesStatute of limitationDate of knowledgeIndustrial injuryFentanyl overdosePetition for reconsiderationFindings and Order
References
Case No. ADJ3497432 (VNO 0506196)
Regular
Mar 09, 2009

CHRISTOPHER DUVALL vs. USF REDDAWAY INC., GALLAGHER BASSETT SERVICES

This case involves a clerical error in a prior Workers' Compensation Appeals Board (WCAB) decision. The Board previously issued an Opinion and Order Dismissing Defendant's Petition for Reconsideration on March 9, 2009. However, page three of that decision incorrectly stated it was signed on March 7, 2009. The WCAB is now correcting this clerical error to reflect the actual signing and service date of March 9, 2009.

Workers' Compensation Appeals BoardUSF Reddaway Inc.Gallagher Bassett Servicesclerical errorOpinion and OrderPetition For Reconsiderationcorrecting datesigned and servedpage threeSan Francisco
References
Case No. ADJ2867157 (VNO 0476310) ADJ4292086 (VNO 0470201)
Regular
Jan 05, 2012

TERESA VASQUEZ vs. LOS ANGELES UNIFIED SCHOOL DISTRICT

This case involves a clerical error in a Workers' Compensation Appeals Board order. The Board inadvertently listed January 21, 2011, as the filing and service date for its December 21, 2011, opinion and orders. The correction order clarifies that the correct filing and service date was indeed December 21, 2011. This amendment is a procedural correction of a minor administrative mistake.

Workers' Compensation Appeals Boardclerical erroropinion and orderspetitions for reconsiderationremovalfiling and service datecorrect file datecorrect service dateADJ2867157VNO 0476310
References
Case No. ADJ8725582
Regular
Dec 08, 2016

FREDDY HENRIQUEZ vs. FRED LEEDS PROPERTIES, LIBERTY MUTUAL, AMTRUST NORTH AMERICA/TECHNOLOGY INSURANCE

This case concerns a lien claim by Tri-County Medical Group for services rendered between May 1, 2013, and November 6, 2013. The lien was dismissed as untimely by the Workers' Compensation Administrative Law Judge (WCJ) due to the statute of limitations. The WCJ correctly applied Labor Code section 4903.5(a), which mandates an 18-month filing deadline for services provided on or after July 1, 2013. Since the lien was filed on February 26, 2016, over 18 months after the last date of service, the Appeals Board denied the lien claimant's petition for reconsideration.

Labor Code 4903.5(a)lien claimstatute of limitationspetition for reconsiderationWorkers' Compensation Appeals BoardWCJorder dismissing liendate of services18-month limitation periodongoing treatment
References
Case No. ADJ11720540
Regular
Nov 08, 2019

SHEILA BROWN vs. COMPASS HEALTH, MURPHY BEANE

This case involves a clerical error in the date of service for a Workers' Compensation Appeals Board decision. The Board's Opinion and Order, dated October 8, 2019, was mistakenly stamped as served on that date. The actual service date was November 8, 2019. The Board issued this order to correct the clerical error to reflect the accurate service date without requiring further proceedings.

Workers' Compensation Appeals BoardClerical ErrorDate of ServiceOpinion and OrderReconsiderationPetition for RemovalDecision After RemovalAmended DateSan Luis ObispoJohn Spatafore Law Firm
References
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