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

Case No. ADJ8088868
Regular

DAVID WEDDLE (Deceased),\nDENISE WEDDLE (Guardian Ad Litem) vs. STATE OF CALIFORNIA CORRECTIONS\nAND REHABILITATION PAROLE, legally\nuninsured; STATE COMPENSATION\nINSURANCE FUND, adjusting agency

The Workers' Compensation Appeals Board denied a Petition for Removal and a Petition for Reconsideration filed by the defendant, State Compensation Insurance Fund. The Board adopted the reasoning of the Workers' Compensation Judge's report supporting the denials. This order pertains to a case involving David Weddle (deceased) and his guardian ad litem, Denise Weddle.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalDavid Weddle (Deceased)Denise Weddle (Guardian Ad Litem)State of California Corrections and Rehabilitation ParoleState Compensation Insurance Fundlegally uninsuredadjusting agencyworkers' compensation administrative law judge
References
Case No. ADJ8408754
Regular
Sep 01, 2017

DAVID WILSON (Deceased) vs. SECURITAS SECURITY SERVICES USA, INC., SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board granted reconsideration of a decision regarding deceased applicant David Wilson's permanent disability benefits. The Board found the record inadequate to determine if applicant's right hand tremors stemmed from his industrial injury. Therefore, the case is returned to the trial level for further medical development of this specific issue by Dr. Horner. The Board did not address other contentions concerning benefit termination after death or constitutional challenges at this time.

Securitas Security ServicesSedgwick Claims Management ServicesDavid Wilson (Deceased)Michele WilsonAnthony WilsonTia CarringtonPetition for ReconsiderationFindings and Award and Orderworkers' compensation administrative law judgeWCJ
References
Case No. SAC 0354059
Regular
Jul 24, 2007

DAVID LONG (Deceased) STEVEN LONG (Administrator of the Estate Of DAVID LONG) vs. MEDIA NEWS GROUP, INC., LIBERTY MUTUAL INSURANCE CO.

This case concerns a deceased worker whose estate was initially awarded death benefits under Labor Code section 4702(a)(6)(B). However, after a subsequent court ruling found this specific statute unconstitutional, the Workers' Compensation Appeals Board (WCAB) amended its decision. Consequently, the award to the deceased's estate was removed, as were associated attorney's fees, while the award to the Death Without Dependents Unit remains valid.

Workers' Compensation Appeals BoardDeceasedEstateIndustrial InjuryDeath Without Dependents UnitLabor Code section 4702(a)(6)(B)Labor Code section 4706.5(a)UnconstitutionalSix Flags Inc. v. Workers' Comp. Appeals Bd. (Rackchamroon)Reconsideration
References
Case No. ADJ7941094
Regular
Nov 17, 2016

DAVID HIGGINS vs. CITY OF LOS ANGELES

This case concerns the distribution of accrued workers' compensation benefits for the deceased David Higgins. The applicant's daughter, Lisa Higgins, petitioned for reconsideration after the Workers' Compensation Appeals Board (WCAB) awarded benefits equally to her and another individual, Deborah Spirithawk, who was found to be David Higgins' natural daughter. The WCAB denied the petition, upholding the original findings that both women were legal heirs entitled to equal shares, primarily based on the deceased's deposition testimony. The WCAB also noted procedural violations in the petition, including the improper attachment of documents.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ credibility determinationsGarza v. Workmen's Comp. Appeals Bd.WCAB Rule 10842(c)Findings and AwardDavid HigginsCity of Los AngelesLisa HigginsDeborah Spirithawk
References
Case No. LAO 0832818, VNO 0508728
Regular
Jan 22, 2008

TOMAS ALONZO (deceased) BEATRIZ ALONZO (widow) vs. NHAN VAN NGUYEN aka KEVIN CONSTRUCTION, illegally uninsured, DAVID BENAVIDES; PACIFIC SPECIALTY INSURANCE COMPANY

This case involves a deceased worker, Tomas Alonzo, whose widow claims he was an employee of homeowner David Benavides. The Appeals Board denied reconsideration, upholding the finding that Alonzo was Benavides' employee because Alonzo's direct employer, Kevin Construction, was an unlicensed contractor. California law presumes unlicensed contractors and their employees are employees of the hiring party to ensure compensation.

Workers' Compensation Appeals BoardTomas AlonzoBeatriz AlonzoNhan Van NguyenKevin Constructionillegally uninsuredDavid BenavidesPacific Specialty Insurance CompanyLAO 0832818VNO 0508728
References
Case No. ADJ6951586
Regular
Apr 08, 2015

MICHAEL MICHAELSON (Deceased) vs. JF SHEA, AIG CLAIMS

The Workers' Compensation Appeals Board denied reconsideration of an order regarding a deceased worker's settlement. The Petitioner, Riverside County Department of Child Support Services, sought to satisfy a child support lien from the settlement allocated to dependents. The Board adopted the WCJ's reasoning that Labor Code §4700 dictates that only accrued and unpaid compensation is payable to dependents, and a child support lien under Labor Code §4903(e) attaches only to such benefits. As there were no accrued benefits owed to the deceased applicant, the child support lien could not be satisfied from the death benefit settlement.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ ReportRiverside County Department of Child Support ServicesState Bar NumbersWCAB Rule 10498SanctionsADJ6951586DeceasedJF Shea
References
Case No. ADJ8949252
Regular
Feb 14, 2018

SERGIO CERON (Deceased), GINA PIELLUSCH (Individually and as Guardian Ad Litem), SABRINA CERON PIELLUSCH, CLAUDIA CERON, DAVID CERON, ROXANNA CURTIS, vs. HAMBURG, KARIC, EDWARD & MARTIN; TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA,

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration of the finding that the deceased paralegal's death was not industrially caused. The Board affirmed the judge's conclusion that the decedent was not performing a service for his employer or acting within the course of employment at the time of death. The applicant failed to prove the personal comfort exception applied, as the decedent was not paid for his lunch break. Deference was given to the judge's credibility assessment of a key witness.

Workers' Compensation Appeals Boardindustrial injurydeathgoing and coming rulepersonal comfort exceptioncourse of employmentlabor codecompensable injuryhourly paywitness credibility
References
Case No. ADJ6540051, ADJ6540050
Regular
Jun 16, 2010

CHARLOTTE SINGER vs. COUNTY OF FRESNO

This case involves a Petition for Removal filed by applicant Craig Singer (deceased) against the County of Fresno. The Workers' Compensation Appeals Board (WCAB) denied the petition, adopting the reasoning of the workers' compensation administrative law judge's report. Therefore, the appeal challenging the findings of fact and order denying the petition for removal was unsuccessful.

Petition for RemovalWorkers' Compensation Appeals BoardFindings of FactOrder Denying PetitionCounty of FresnoPermissibly Self-InsuredClaims Management Inc.ADJ6540051Deceased ApplicantAdministrative Law Judge Report
References
Case No. ADJ3565194 (BAK 0139614)
Regular
Dec 04, 2015

TAMMY AGOSTA vs. VONS, A SAFEWAY COMPANY

The applicant sought reconsideration of a workers' compensation award of $61\%$ permanent disability for an industrial injury. She argued that the administrative law judge erred and that she should be found permanently totally disabled ($100\%$) based on vocational expert and medical evaluations. The Workers' Compensation Appeals Board denied her petition, adopting the WCJ's report. However, one commissioner dissented, arguing that the applicant's significant medical restrictions and vocational expert's opinion supported a finding of $100\%$ permanent disability.

AgostaVonsSafewayWorkers' Compensation Appeals BoardPetition for ReconsiderationFindings Orders and Awardadministrative law judgecumulative injuryright shoulderright upper extremity
References
Case No. MON 0291071
Regular
Jan 22, 2008

JESSE CHMELAR, JOANNE CHMELAR (Deceased) vs. UNITED AIRLINES, GALLAGHER BASSETT SERVICES

The Workers' Compensation Appeals Board granted reconsideration to address the applicant's contentions that the administrative law judge failed to state reasons, erred on the statute of limitations, and improperly relied on defense medical opinions. While the Board found that the judge's report sufficiently explained her reasoning and acknowledged an issue with the statute of limitations filing, the applicant failed to prove their deceased spouse's employment caused her death. Therefore, the Board amended the finding to state no determination was made on the claim's timeliness, affirming the decision that the applicant is not entitled to benefits.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationAmended Finding of Fact and Ordersindustrial injuryinternal systemdeceasedstatute of limitationsqualified medical evaluatorLabor Code section 5313Report and Recommendation
References
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