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

Case No. ADJ1756675 (STK 0194632) ADJ2792711 (STK 0194633)
Regular
Sep 21, 2009

Scott Davis vs. RMC PACIFIC MATERIALS, INC., TRAVELERS INDEMNITY OF ILLINOIS

The applicant sought reconsideration of a Joint Findings and Award concerning industrial injuries to his right arm, shoulder, neck, psyche, and right foot/ankle. The WCJ deferred the issue of permanent disability for further medical development. The applicant's petition for reconsideration, which challenged this deferral, was dismissed. This dismissal was based on the principle that reconsideration can only be sought from a final order, and the WCJ's deferral of issues for further development is an interlocutory procedural decision. The applicant may seek reconsideration of a final award once permanent disability is determined.

Workers' Compensation Appeals BoardPetition for ReconsiderationJoint Findings and AwardIndustrial InjuryWelder/MechanicRight ArmShoulderNeckPsycheTemporary Disability
References
10
Case No. MISSING
Regular Panel Decision

American Fur Liners Contractors Ass'n v. Lucchi

The court considered whether Civil Practice Act section 882-a typically permits framing issues for a contempt proceeding. It was determined that under ordinary circumstances, it does not. However, the appellants, having themselves objected to proceeding without framed issues, were precluded from raising an objection on that ground. The court found the framed issues sufficient to address the questions presented in the case. Consequently, the order under appeal was unanimously affirmed, with associated costs and disbursements.

contempt of courtframing issuesappellate procedurecivil practice actunanimous affirmationprocedural objectionappellate costsjudicial review
References
0
Case No. ADJ1875813 (LAO 0824737)
Regular
Apr 24, 2012

NORA H. LUNA vs. ELECTRONIC DATA SYSTEMS, TRAVELERS

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal in this case. The defendant sought to amend an order that continued issues of temporary disability and penalties to trial. The Board found that the "issues" struck by the judge were merely factual statements, not determinative issues themselves. Given the ample time that had passed since the initial deferral order, the Board found no significant prejudice to the defendant in proceeding to trial.

Petition for RemovalMandatory Settlement ConferenceTemporary DisabilityPenaltiesAttorney's FeesCase in ChiefPrimary Treating PhysicianAgreed Medical EvaluatorApplicant's AttorneyFinding and Order
References
0
Case No. ADJ10133424
Regular
Jun 27, 2025

Braulio Espinoza vs. Standard Drywall, Inc.; Zurich North American Insurance/American Zurich Insurance Company

Applicant Braulio Espinoza sought reconsideration of a WCJ's decision regarding his permanent disability rating, contending the WCJ erred in failing to find him permanently totally disabled despite vocational evidence. The Appeals Board granted the petition for reconsideration, noting that the WCJ's finding on the vocational reporting was premature given the deferral of the psychiatric injury rating issue. The Board will conduct a further review of the factual and legal issues to issue a just and reasoned final decision.

Petition for ReconsiderationAgreed Medical EvaluatorPermanent Disability Rating ScheduleVocational ExpertRebuttalWhole Person ImpairmentLabor CodeAMA GuidesPsychiatric InjuryFunctional Capacity Evaluation
References
28
Case No. ADJ1030139 (STK 0203781)
Regular
Nov 19, 2014

GERALD REESE vs. MICRODENTAL LABORATORIES, AMERICAN HOME ASSURANCE, AIG CLAIMS SERVICES

The Appeals Board granted reconsideration to review the permanent disability rating for applicant Gerald Reese, who sustained an industrial injury in 2006. The primary issue was whether to include a deconditioning impairment, rated by a PQME using analogy, into the permanent disability award. The Board affirmed the WCJ's decision but amended it to defer the issue of permanent disability for further proceedings. This deferral is to allow the WCJ to issue rating instructions based on the established legal framework for incorporating AMA Guides impairments, even those addressed by analogy.

PQMEdeconditioningAMA Guideswhole person impairmentanalogyLabor Code section 4660Almaraz/Guzman IIMilpitas Unified School Dist.City of Sacramento v. Workers' Comp. Appeals Bd.rating instructions
References
3
Case No. MISSING
Regular Panel Decision
Feb 09, 1995

Hickey v. C. D. Perry & Sons, Inc.

Plaintiff Roland E. Hickey, a labor supervisor, was injured after falling from a plank across a sluiceway at a dam construction site. He and his wife sued the owner, New York State Electric and Gas Corporation (NY-SEG), and the general contractor, C. D. Perry & Sons, Inc., alleging violations of Labor Law §§ 200, 240 (1), and 241 (6). The defendants then filed a third-party action against Hickey's employer, Prepakt Concrete Company, for contribution and indemnification. Plaintiffs moved for partial summary judgment on the issue of strict liability under Labor Law § 240 (1), while defendants cross-moved to dismiss this claim, asserting the "recalcitrant worker" defense. The Supreme Court denied both motions, finding unresolved factual questions. The appellate court affirmed the denial of the plaintiffs' motion, agreeing that factual issues persisted regarding whether adequate safety devices were provided and whether the plaintiff refused to use them, or if the plank itself was unauthorized and its use prohibited.

Labor LawWorkplace SafetySummary JudgmentRecalcitrant WorkerFall from HeightSubcontractor LiabilityGeneral Contractor LiabilityOwner LiabilityIndemnificationContribution
References
2
Case No. ADJ7469391
Regular
Apr 22, 2013

DANIEL DIAZ NEGRON vs. CLEAR WATER HANDWASH dba MARINA CLASSIC CAR WASH, STATE FARM

This case involves a lien claimant, Best of California Business Promotions, whose petition for reconsideration was dismissed because it was based on an assumed dismissal of their lien that had not actually occurred. The lien claimant failed to appear at a scheduled lien trial and did not provide good cause for their absence. Furthermore, the Appeals Board is issuing a notice of intention to impose sanctions up to $1,000 against the lien claimant and its representatives for filing a frivolous petition and wasting judicial resources by arguing an issue not supported by the record. The Board is also removing the case on its own motion.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder of RemovalSanctionsLabor Code 5813Lien ClaimantNotice of Intention to Dismiss LienNon-Appearance at TrialLien Activation FeeUnconstitutional
References
1
Case No. ADJ4141215 (MON 0288595) ADJ4160601 (MON 0288596) ADJ2249717 (MON 0300098)
Regular
Dec 27, 2011

DOREEN LABOY vs. STATE OF CALIFORNIA, DEPARTMENT OF MENTAL HEALTH, Legally Uninsured; STATE COMPENSATION INSURANCE FUND / STATE CONTRACT SERVICES, Adjusting Agency

The Workers' Compensation Appeals Board (WCAB) denied the defendant's Petition for Reconsideration, finding their argument regarding AMA Guidelines irrelevant due to a prior stipulation to the 1997 Rating Schedule. The WCAB granted removal to issue notices of intention to impose sanctions and award attorney's fees/costs against the defendant and their counsel. This action is based on the defendant's frivolous and bad-faith tactics in raising an issue for the first time on reconsideration that was not previously litigated or argued. The defendant's petition is deemed without merit and solely intended to cause unnecessary delay.

LABOYDOREENSTATE OF CALIFORNIADEPARTMENT OF MENTAL HEALTHSTATE COMPENSATION INSURANCE FUNDJOINT FINDINGS AND AWARDPETITION FOR RECONSIDERATIONREMOVALNOTICES OF INTENTIONORDER TO PAY EXPENSES
References
6
Case No. MISSING
Regular Panel Decision
Oct 14, 1999

Claim of Williams v. New York State Department of Transportation

The claimant, who suffered a work-related injury in 1988, initially received permanent partial disability benefits at a mild rate in May 1996. Dissatisfied with this assessment, the claimant appealed, presenting medical evidence suggesting a more severe disability. This led the Workers’ Compensation Board to restore the case to the trial calendar for further development of the record concerning the degree of disability post-May 6, 1996. Although two physicians testified, with one indicating a moderate disability and another a total disability, the Workers’ Compensation Law Judge (WCLJ) ultimately awarded benefits at a moderate partial disability rate. Upon the claimant's subsequent appeal, the Board ruled that the claimant was precluded from raising the issue of their degree of disability, citing regulatory provisions. The appellate court found that the Board had abused its discretion, as the issue was explicitly remanded by the Board previously, and the claimant was still aggrieved by the WCLJ's award despite an increase in benefits. Consequently, the court reversed the Board's decision and remitted the matter for further proceedings.

Workers' CompensationDisability AssessmentAppellate ReviewAbuse of DiscretionProcedural ErrorMedical EvidenceDegree of DisabilityRemittalNew York LawAdministrative Appeal
References
0
Case No. ADJ5010233
Regular
Sep 20, 2010

RICHARD MARQUEZ vs. O'BRYANT ELECTRICAL, INDEMNITY INSURANCE CO OF NORTH AMERICA

The Appeals Board granted reconsideration to clarify the issue of credit for time worked on temporary disability indemnity. While denying removal, the Board affirmed the original award of temporary disability through June 26, 2008, deferring the credit calculation. The Board adopted the Arbitrator's reasoning, except for the recommendation to grant removal. The matter is returned for further proceedings to clarify the credit issue, with temporary disability payments to continue unaffected by this deferral.

Workers' Compensation Appeals BoardRemovalReconsiderationFindings Award and OrderArbitratorStipulationsIndustrial InjuryRight KneeTemporary DisabilityPermanent Disability
References
0
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