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

Case No. ADJ7027968, ADJ5681902, ADJ7028675
Regular
Jul 31, 2014

Satbir Singh vs. Cardinal Freight Fleet, Clarendon National Insurance Company, Protective Insurance Company, SS Delivery, Van Liner Insurance Company

This case involves multiple workers' compensation claims filed by applicant Satbir Singh against various defendants, including Cardinal Freight Fleet and its insurers Clarendon National and Protective Insurance Company. The Workers' Compensation Appeals Board (WCAB) is reconsidering prior decisions by the Administrative Law Judge (WCJ). The WCAB has rescinded and substituted decisions for two cases (ADJ7028675 and ADJ5681902), deferring issues of insurance coverage, contribution/apportionment between defendants, and credit for third-party recovery. These deferred issues will be returned to the trial level for further proceedings and decisions by the WCJ. The WCAB affirmed the WCJ's decision in a third case (ADJ7027968) in its entirety.

ReconsiderationWCJApportionmentContributionInsurance CoverageThird Party RecoveryPermanent DisabilityTemporary Total DisabilitySelf-Procured TreatmentDeferred Issues
References
0
Case No. ADJ10168186 ADJ10168303
Regular
Mar 17, 2020

JOSEFINA VALDIVIA vs. KING MEAT, INC., ACE/ESIS

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision concerning Josefin Valdivia's claims against King Meat, Inc. and ACE/ESIS. While affirming the January 10, 2020 decision, the WCAB amended it to defer specific issues. The determination of whether the injury arose out of and occurred in the course of employment (AOE/COE) is deferred. Furthermore, issues regarding permanent disability and entitlement to future medical treatment are also deferred.

AOE/COEPetition for ReconsiderationWorkers' Compensation Appeals BoardPermanent DisabilityFuture Medical TreatmentWCJ ReportDecision After Reconsideration
References
0
Case No. ADJ286062 (OAK 0307695)
Regular
Apr 06, 2009

RICHARD BARTON vs. USS POSCO INDUSTRIES, USK CORPORATION

The Workers' Compensation Appeals Board granted reconsideration and affirmed a prior decision finding applicant sustained industrial injuries to his neck, right shoulder, and arms. The Board amended the decision to defer the issue of back injury and certain sanctions. Defendant challenged the original decision, arguing the WCJ erred in finding a back injury, a $\S 132(\text{a})$ violation, and in relying on a specific doctor's report. The Board adopted the WCJ's report, granting reconsideration to amend the findings and deferring those specific issues.

Workers' Compensation Appeals BoardLabor Code § 132(a)Petition for ReconsiderationDecision After ReconsiderationApplicantDefendantIndustrial InjuryLaborerPrimary Treating PhysicianSecondary Treating Physicians
References
0
Case No. ADJ9067297
Regular
Dec 02, 2014

GUILLERMINA VILLAVICENCIO vs. IVY HILL/CINRAM, SENTRY SELECT INSURANCE

The Workers' Compensation Appeals Board granted reconsideration of the WCJ's decision regarding Guillermina Villavicencio's admitted industrial injury to her low back. The Board found insufficient evidence to determine psychiatric permanent disability, deferring this issue and requiring further record development regarding permanent disability, apportionment, and medical treatment for her sleep disorder. The case is returned to the trial level for further proceedings and a new decision by the WCJ on these deferred issues. A dissenting commissioner agreed with deferring sleep disorder issues but would have affirmed the WCJ's finding of no psychiatric permanent disability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardAdministrative Law JudgeIndustrial InjuryLow BackMachine OperatorPsycheSleep DisorderPermanent Disability
References
3
Case No. ADJ1515176 (AHM 0150456)
Regular
Jan 20, 2012

TERESA AVINA vs. TACO BELL, YUM! BRANDS, ACE AMERICAN INSURANCE administered by GALLAGHER BASSETT

Both Defendant and Lien Claimant petitioned for reconsideration of the WCJ's decision. The Defendant argued that costs awarded to the Lien Claimant for appearing on May 12, 2011, were unsubstantiated and that their request to remove the trial from the calendar was made in good faith. The Lien Claimant argued for an earlier start date for penalties and interest due to an alleged EAMS error. The Appeals Board granted both petitions, amending the award to defer the issue of costs for the May 12, 2011 appearance and deferring the effective date of interest accrual, returning the case for further proceedings.

WCABPetition for ReconsiderationLien ClaimantDeclaration of Readiness (DOR)Labor Code section 5813CostsInterestEAMSTrial BriefFindings & Award & Order (F&A)
References
5
Case No. MISSING
Regular Panel Decision
May 09, 2006

Claim of Atkinson v. Joseph Baldwin Construction

This is an appeal from decisions of the Workers’ Compensation Board, filed March 29, 2006, and May 9, 2006, which clarified an earlier Board decision from April 23, 2002. The claimant sustained a compensable right shoulder injury in July 1998. Subsequently, the claimant alleged problems with his left shoulder were causally related to the 1998 accident. A Workers’ Compensation Law Judge (WCLJ) initially found no causal relationship for the left shoulder injury, a determination affirmed by the Board in April 2002, although the Board's decision ambiguously mentioned developing the schedule of loss of use for 'both arms.' Following further proceedings, the WCLJ reiterated the disallowance of the left arm claim. The Board then clarified its 2002 decision in 2006, stating that it had affirmed the finding of no causal relationship for the left arm and that only the right arm's schedule loss of use was to be developed. The Appellate Division found that the Board's 2006 decisions effectively amended its 2002 decision. Upon review, the court affirmed the Board’s determination, finding substantial evidence supported the conclusion of no causal relationship for the left arm, giving deference to the Board's credibility assessments and resolution of conflicting medical evidence. The court also rejected the argument that the issue of a consequential left shoulder injury remained open, as the Board's prior decision had disallowed any causally related left arm condition.

Workers' Compensation LawCausal RelationshipLeft Shoulder InjuryRight Shoulder InjuryMedical EvidenceCredibility AssessmentAppellate ReviewBoard ClarificationAmended DecisionSchedule Loss of Use
References
6
Case No. MISSING
Regular Panel Decision

Munson v. Seneca County

This case involves an appeal from a Workers’ Compensation Board decision regarding an employer’s obligation to pay interest on medical bills in a controverted claim. The self-insured employer controverted the claimant’s injury but paid hospital bills after compensability was established. The hospital, as medical provider, sought interest on bills submitted prior to the compensability finding, arguing the employer failed to timely object to the bill amounts. The Workers’ Compensation Board denied the request for interest, concluding the employer was not obligated to pay until compensability was determined. The appellate court affirmed the Board’s decision, finding its interpretation of Workers’ Compensation Law § 13-g and its regulations to have a rational basis, as the statute defers payment obligations until the employer’s liability is finally determined.

Workers' CompensationMedical BillsInterest PaymentEmployer LiabilityStatutory InterpretationTimely ObjectionCompensabilityBoard DecisionAppealNew York Law
References
0
Case No. WCK 0031401, WCK 0031404, WCK 0057363, WCK 0062663
Regular
Mar 11, 2008

Sally Sterns vs. SAFEWAY, INC., VENTURI STAFFING PARTNERS, INCJABAR STAFFING AGENCY, SPECIALTY RISK SERVICES

This case concerns an applicant's request for reconsideration of a prior decision that deferred her permanent disability award pending Supreme Court rulings on apportionment and the *Wilkinson* doctrine. The Appeals Board, having reviewed the matter, now returns it to the trial level. The WCJ is instructed to issue a new final decision on all outstanding issues, given the intervening Supreme Court and Appeals Board decisions.

Workers' Compensation Appeals BoardSally SternsSafeway Inc.Venturi Staffing PartnersSpecialty Risk ServicesOpinion and Decision After Reconsiderationpermanent disabilityapportionmentBrodieWelcher
References
4
Case No. ADJ13891706, ADJ13891678
Regular
Feb 17, 2023

MACLOVIO QUINTERO GALLEGOS vs. DECISION HR HOLDINGS LCF NIBBELINK MASONRY CONSTRUCTION, UNITED WISCONSIN INSURANCE COMPANY, NEXT LEVEL ADMINISTRATORS

The Appeals Board granted reconsideration, amending the temporary disability period for applicant's shoulder injury (ADJ13891706) to end on June 26, 2021, and recalculating the average weekly wage to $1,484.19, resulting in a temporary disability indemnity rate of $989.46. The Board found Dr. Omid's apportionment reasoning insufficient and deferred the issue of permanent disability and apportionment for the shoulder injury, as well as the issue of cumulative injury for the second case (ADJ13891678), reserving jurisdiction for further development of the record. The decision also modified the award to reflect the amended temporary disability period and rate.

Workers' Compensation Appeals BoardPetition for ReconsiderationJoint Findings and AwardLeft Shoulder InjuryTemporary DisabilityPermanent DisabilityApportionmentQualified Medical EvaluatorAverage Weekly WageCumulative Injury
References
5
Case No. LBO 0316609, LBO 0316610
Regular
Dec 26, 2007

CLORIA CONTRERAS vs. REGENTS OF THE UNIVERSITY OF CALIFORNIA, Permissibly Self Insured, Adjusted by OCTAGON RISK SERVICES

The Workers' Compensation Appeals Board denied reconsideration for Case LBO 316609, upholding the finding of no disability from a cumulative right shoulder injury. For Case LBO 316610, the Board granted reconsideration and amended the award to defer the issues of temporary disability and the applicant's permanent and stationary date, while affirming the rest of the original decision, including the 23% permanent disability rating. The Board's decision aligns with the judge's report, which recommended further development of the record on deferred issues and temporary disability.

WCABPetition for ReconsiderationFindings and OrderFindings and AwardIndustrial InjuryFibromyalgiaPermanent DisabilityTemporary DisabilityQualified Medical ExaminerPermanent and Stationary Date
References
2
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