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

Case No. ADJ12896538
Regular
Sep 16, 2022

DEBORAH GROSS vs. THE BOEING COMPANY, SEDGWICK

Here's a concise summary for a lawyer: The Workers' Compensation Appeals Board (WCAB) denied Deborah Gross's Petition for Reconsideration, upholding the finding that her claim was barred by the statute of limitations. The WCJ found Gross failed to provide evidence or arguments demonstrating why the statute of limitations should not apply to her cumulative trauma claim filed over eight years after the alleged injury. Gross's submitted exhibits and cited case law were found to be either irrelevant, factually distinguishable, or unsupported by the record. The WCAB adopted the WCJ's report and incorporated it into their decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationDeniedStatute of LimitationsPro PerCumulative InjuryDate of InjuryAlleged InjuriesMedical TreatmentCase Law
References
Case No. ADJ4141364 (MON 0148578) ADJ1953565 (MON 0155282) ADJ773621 (MON 0199028)
Regular
Jun 01, 2009

Deborah Gross (Butler) vs. MCDONNELL DOUGLAS; CIGA through its servicing facility, CAMBRIDGE INTEGRATED SERVICES GROUP, for FREMONT for INDUSTRIAL INDEMNITY, in liquidation, The Boeing Company c/o AIG Claims Services

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, affirming the judge's findings on three industrial injuries to her neck, shoulder, and back. The Board dismissed "The Boeing Company's" petition for reconsideration because it was unverified and because Boeing was not currently a party aggrieved by an award. The applicant's arguments regarding simultaneous permanency, disability reduction, and the application of medical opinions were rejected. The Board adopted the judge's report and reasoning in its decision.

Workers' Compensation Appeals BoardMcDonnell DouglasCIGAFremont Industrial IndemnityDeborah GrossPetition for ReconsiderationFindings and AwardsPermanent DisabilityCumulative TraumaBenson v. WCAB
References
Case No. ADJ8455911
Regular
Nov 20, 2013

SANDRA VACA vs. CAPISTRANO UNIFIED SCHOOL DIST.,, SCHOOL DIST.,, CORVEL CORP.

This case concerns a dispute over the correct temporary disability indemnity rate for an applicant who worked as both a substitute teacher and a self-employed realtor. The applicant's net income as a realtor, after expenses, was used for the calculation, not her gross receipts. The Board rescinded the original award and found the applicant entitled to $395.93 per week in temporary disability, affirming the use of net income and earnings up to her last day of work. The issue of attorney's fees was deferred.

Workers' Compensation Appeals BoardTemporary Disability RateAverage Weekly EarningsSelf-Employed IncomeGross ReceiptsNet IncomeEarning CapacitySubstitute TeacherIndustrial InjuryGross Income
References
Case No. ADJ 10100799
Regular
Apr 26, 2016

DEBORAH HARGRAVE vs. MOUNT DIABLO UNIFIED SCHOOL DISTRICT

This Workers' Compensation Appeals Board order dismisses Deborah Hargrave's Petition for Removal against Mount Diablo Unified School District. The petitioner withdrew their request for removal. Consequently, the Board has ordered the dismissal of the petition.

Petition for RemovalDismissedWithdrawnWorkers' Compensation Appeals BoardADJ 10100799Mount Diablo Unified School DistrictDeborah HargraveOrderFebruary 22016
References
Case No. ADJ1408452 (SFO 0441229) ADJ1613865 (SFO 0453060)
Regular

Deborah Blasco vs. Bank of the West, California Insurance Guarantee Association, Intercare Insurance Services

This case involves Deborah Blasco's workers' compensation claims against Bank of the West, with the California Insurance Guarantee Association involved. The Workers' Compensation Appeals Board (WCAB) considered a Petition for Reconsideration filed in the matter. After reviewing the record and the judge's report, the WCAB has denied this petition. Therefore, the original decision or order stands.

Workers' Compensation Appeals BoardPetition for ReconsiderationDenied ReconsiderationWorkers' Compensation Administrative Law JudgeWCJ ReportDeborah BlascoBank of the WestCalifornia Insurance Guarantee AssociationCIGAIntercare Insurance Services
References
Case No. ADJ747812 (LAO 0828642)
Regular
Apr 25, 2013

BENITO ALVARADO vs. GROSS EGG RANCH, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed a Petition for Reconsideration in the case of Benito Alvarado v. Gross Egg Ranch and State Compensation Insurance Fund. The WCAB found the petition to be untimely and also subject to denial for failing to fairly state material evidence as required by WCAB Rule 10842(a). Specifically, the lien claimant's assertion that the case was never on calendar was contradicted by the electronic record. Therefore, the petition was dismissed.

Petition for ReconsiderationUntimelyWCAB 10842(a)Material EvidenceFair StatementEAMSEvents RecordCommunications RecordLien ClaimantDismissed
References
Case No. ADJ933687 OXN 0145745
Regular
Jun 12, 2012

ANTHONY RODRIGUEZ vs. SESSA MANUFACTURING, REDWOOD FIRE AND CASUALTY INSURANCE COMPANY, BERKSHIRE HATHAWAY

In this workers' compensation case, the Appeals Board granted reconsideration of a prior award to lien claimant Dr. Gross for medical services. The Board found that the initial decision incorrectly placed the burden of proof on the defendant regarding the reasonableness of the charges. Dr. Gross must now prove their charges are reasonable according to the Official Medical Fee Schedule. The Board also deferred the issue of penalties pending further proceedings.

Workers' Compensation Appeals BoardSessa ManufacturingRedwood Fire and CasualtyBerkshire HathawayDr. GrossreimbursementOfficial Medical Fee ScheduleOMFSbill reviewlien claimant
References
Case No. ADJ1862277 (AHM 134032)
Regular
Aug 02, 2010

Barbara Gross vs. SLATER BROTHERS MARKETS, SPECIALTY RISK SERVICES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to address the applicant's permanent disability and an Employment Development Department (EDD) lien. The WCAB rescinded the prior decision, finding the administrative law judge (WCJ) erred by not fully considering the vocational evaluator's opinion on the applicant's total loss of earning capacity. The case is returned for the WCJ to reevaluate permanent disability, considering the vocational expert's testimony alongside the AMA Guides, and to further address the EDD lien.

Workers' Compensation Appeals BoardSlater Brothers MarketsSpecialty Risk ServicesADJ1862277Findings Award & OrderIndustrial InjuryLeft ShoulderNeckWristLeft Elbow
References
Case No. ADJ6649763
Regular
Oct 30, 2009

LESLIE ADAM MACK vs. ATLAS VAN LINES, ZURICH AMERICAN INSURANCE, GALLAGHER BASSETT

Reconsideration granted; temporary disability indemnity rate to be calculated based on net income, not gross income.

Average weekly earningsTemporary disability indemnityGross incomeNet incomeIndependent contractorSpecial expensesRemunerationLabor Code section 4454Hupp v. Workers' Compensation Appeals BoardSelf-employment earnings
References
Case No. ADJ8328065
Regular
Apr 25, 2014

DEBORAH McGUIRE vs. VENTURA COUNTY OFFICE OF EDUCATION; Permissibly Self-Insured, YORK RISK SERVICES

In *McGuire v. Ventura County Office of Education*, the defendant withdrew its petition for reconsideration after a tentative settlement agreement was reached. The Appeals Board granted reconsideration, rescinded the original WCJ decision, and returned the case to the trial level. This action allows for the approval of a compromise and release agreement. If the agreement is not approved, the original decision can be reissued for further reconsideration.

ADJ8328065VENTURA COUNTY OFFICE OF EDUCATIONYORK RISK SERVICESPetition for ReconsiderationFindings and Award and OrderCompromise and Release AgreementRESCINDEDtrial levelworkers' compensation administrative law judgeWCJ
References
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