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

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. ADJ4464746 (SAC 0358795)
Regular
Oct 07, 2014

ANDREW THOMPSON (Deceased), EDITH THOMPSON (Spouse) vs. HUHTAMAKI AMERICAS, INC., ACE AMERICAN INSURANCE CO.

This case concerns a workers' compensation death benefit claim filed by Edith Thompson, widow of Andrew Thompson, who died from asbestos exposure. The defendant sought reconsideration of a prior ruling that her claim was not time-barred. The Board rescinded the prior decision, finding that Labor Code section 5406.5 requires death benefit claims for asbestos-related deaths to be filed within one year of the date of death. Edith Thompson's application, filed over a year after her husband's death, was therefore dismissed as untimely.

Workers' Compensation Appeals BoardAndrew ThompsonEdith ThompsonHuhtamaki AmericasInc.ACE American Insurance Co.toxic exposureasbestoscumulative traumadeath benefits
References
Case No. ADJ8822343
Regular
Aug 29, 2019

MARY LEON (Deceased) vs. DSS (IN HOME SUPPORT COUNTY OF LA), MEALS ON WHEELS

This case concerns a death benefit claim following the industrial death of Maria Leon. The applicant, the Death Without Dependents unit (DWD), sought to recover death benefits arguing the decedent left no dependents. However, the Board found substantial evidence that the decedent's sons, Juan Manuel Vasquez and Julian Vasquez, were partial dependents, thus DWD failed to meet its burden of proof. Consequently, DWD's claim for death benefits was denied, and the Board amended the original findings to reflect this outcome.

Death benefitsDWDdependentsstatutory death benefitpartial dependencycivil recovery creditstatute of limitationsburden of proofLabor Code section 4706.5employer liability
References
Case No. ADJ9440770 ADJ8897603
Regular
Nov 02, 2016

LEE WOOLEVER (Deceased); PENNY WOOLEVER; DEPARTMENT OF INDUSTRIAL RELATIONS DEATH WITHOUT DEPENDENTS UNIT vs. CITY OF LONG BEACH

This case concerns a claim for workers' compensation death benefits by Penny Woolever, the ex-wife of deceased employee Lee Woolever. Ms. Woolever argued she was a total dependent despite their divorce due to ongoing financial support and a close relationship. The Workers' Compensation Appeals Board affirmed the finding that she was not a dependent, as their divorce was final and they never resumed cohabitation. The Board distinguished this case from precedent allowing dependency claims based on reconciliation. Consequently, the death benefit was awarded to the Department of Industrial Relations, Death Without Dependents Unit.

Esophageal cancerDeath benefitsDependency claimLabor Code section 3502Reconciliation of marriageSpousal supportTotal dependentDivorce decreeWCJ ReportLloyd Corporation
References
Case No. ADJ9803664
Regular
Dec 04, 2015

JUAN GONZALEZ (Deceased), DEPARTMENT OF INDUSTRIAL RELATIONS, DEATH WITHOUT DEPENDENTS UNIT vs. CALIFORNIA HIGHWAY PATROL DISABILITY & RETIREMENT, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted removal and rescinded a judge's order that stayed proceedings pending the outcome of a probate case. The WCAB determined that probate court findings have limited relevance to determining workers' compensation death benefits and that the WCAB has sole jurisdiction over dependency issues. By staying the proceedings, the judge's order caused significant prejudice to the defendant, SCIF, by hindering discovery and resolution of a potential partial dependency claim. The matter was reset for further proceedings, with parties urged to attempt informal settlement.

Death benefitsDependencyWorkers' Compensation Appeals BoardPetition for RemovalMandatory Settlement ConferenceProbate proceedingsLabor CodeCalifornia Highway PatrolState Compensation Insurance FundDeath Without Dependents Unit
References
Case No. LAO 0852444, VNO 0517617
Regular
Jun 10, 2008

Gloria Foster, DEATH WITHOUT DEPENDENTS UNIT vs. CITY OF LOS ANGELES FIRE DEPARTMENT, CAMBRIDGE INTEGRATED SERVICES

The Workers' Compensation Appeals Board granted the Death Without Dependents Unit's (DWD) petition for reconsideration, reversing a prior order that allowed the City of Los Angeles Fire Department credit for payments made to a deceased firefighter's heir. The Board ruled that the employer had no authority to take credit for payments made under an unconstitutional statute against the $125,000 death benefit owed to DWD. Therefore, the defendant is ordered to pay the full $125,000 to DWD.

Death Without Dependents UnitDWDLabor Code Section 4706.5Labor Code Section 4702(a)(6)(B)industrial injurydeath benefitcredit for paymentsunconstitutional statutelegislative intentestate of deceased employee
References
Case No. ADJ6610233
Regular
Nov 18, 2014

WILLIAM WILLIAMS (Deceased) vs. STATE OF CALIFORNIA, CDCR - PLEASANT VALLEY STATE PRISON, Legally Uninsured; STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, Adjusting Agency

This case concerns a deceased correctional officer whose dependent sons were awarded death benefits. The Appeals Board denied reconsideration of its prior order requiring an offset for a CalPERS special death benefit received by the decedent's widow, deeming it consistent with precedent and statutory intent. The Board also issued a notice of intention to disallow the applicant's attorney's requested fee increase due to non-compliance with a rule regarding notice to the client of adverse interests. Compliance with this rule is required for the fee increase to be considered by the trial judge.

CalPERSspecial death benefitoffsetdeath benefitsdependent childrenattorney's feesWCAB Rule 10778adverse interestindependent counselPetiton for Reconsideration
References
Case No. ADJ10730267
Regular
Nov 18, 2019

SA'EEDA JOHNWELL (dependent), JOSEPH JOHNWELL (deceased) vs. DUARTE UNIFIED SCHOOL DISTRICT, permissibly self-insured

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration, rescinding the prior findings. The Board found that the statute of limitations defense for the death claim was not sufficiently proven by the defendant. Specifically, the defendant failed to establish when the applicant knew or should have known the decedent's death was industrially related, which is crucial for determining the date of injury in cumulative trauma cases. Furthermore, the Board found that the amendment to the death claim application should relate back to the original filing date and was improperly dismissed. The case was returned to the trial level for further proceedings.

Labor Code section 5406statute of limitationsdeath claimcumulative traumadate of injury240 weeksknowledge of industrial causationpetition for reconsiderationfindings of factamendment to application
References
Case No. ADJ9091836
Regular
May 09, 2018

CHRISTOPHER DOUGLAS (Deceased), AMY DOUGLAS (Surviving Spouse Guardian Ad Litem) vs. CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION, CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM, STATE COMPENSATION INSURANCE FUND (Claims Administrator)

This case involves a dispute over workers' compensation death benefits for the dependents of a deceased CalFIRE engineer/paramedic. The appeals board is reconsidering a prior decision that awarded benefits but ordered coordination with CalPERS special death benefits. The central issue is whether workers' compensation death benefits should be awarded to the decedent's children, considering they already receive CalPERS benefits, and how to properly coordinate these two types of benefits. The Board rescinded the prior decision and returned the case for further proceedings, emphasizing the need for proper joinder of CalPERS and a careful consideration of coordination rules.

WCABCalFIRESCIFCalPERSDeath BenefitsSpecial Death BenefitAntrimThompsonCoordination of BenefitsGuardian Ad Litem
References
Case No. ADJ2967056 (LBO 0395577)
Regular
Nov 18, 2011

, Applicant, JAMES WHITCOMB (DECEASED), vs. , STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS; STATE COMPENSATION INSURANCE FUND,

This case concerns the dependents of a deceased correctional officer who sustained an industrial lung injury leading to his death. The applicant dependents seek reconsideration of an award, arguing penalties for delayed benefit payments were erroneously denied and that benefits should be calculated at the current maximum rate. The defendant employer argues death benefits should not be awarded under workers' compensation due to a potential CalPERS special death benefit, thus impacting attorney fees. The Board granted reconsideration, rescinded the original award, and remanded the case to the trial level for further proceedings on benefit rates, penalties, and attorney fees.

Workers' Compensation Appeals BoardJames WhitcombState of CaliforniaDepartment of CorrectionsState Compensation Insurance FundADJ2967056Opinion and OrderReconsiderationFindings and AwardIndustrial Injury
References
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