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

Case No. ADJ647263 (MON 0206252) ADJ442715 (MON 0179484) ADJ8283867
Regular
Jul 25, 2013

SHARON HORNSBY vs. STATE OF CALIFORNIA, DEPARTMENT OF SOCIAL SERVICES and DEPARTMENT OF MOTOR VEHICLES, legally uninsured and adjusted by STATE COMPENSATION INSURANCE FUND

This case concerns an applicant seeking workers' compensation benefits for multiple injuries across different dates of injury involving the Department of Social Services and the Department of Motor Vehicles, adjusted by the State Compensation Insurance Fund. The defendants have petitioned for reconsideration of a decision that found the applicant 100% disabled. The Workers' Compensation Appeals Board granted reconsideration to allow further study of the factual and legal issues involved. The Board will issue a decision after this further review, which may include additional proceedings.

Workers' Compensation Appeals BoardReconsiderationPetition for ReconsiderationLegally UninsuredState Compensation Insurance FundDepartment of Social ServicesDepartment of Motor VehiclesApplicantDefendantAdministrative Law Judge
References
Case No. ADJ8817767
Regular
Mar 03, 2016

YOLANDA JONES vs. DEPARTMENT OF MOTOR VEHICLES, STATE COMPENSATION INSURANCE FUND

This Workers' Compensation Appeals Board case involves a petition for removal filed by the applicant, Yolanda Jones, against the Department of Motor Vehicles and State Compensation Insurance Fund. The applicant's attorney, Ratto Law Firm, subsequently withdrew the petition for removal. Consequently, the Board has issued an order dismissing the withdrawn petition.

Petition for RemovalWithdrawn PetitionDismissed PetitionWorkers' Compensation Appeals BoardADJ8817767Department of Motor VehiclesState Compensation Insurance FundMarguerite SweeneyRatto Law Firm
References
Case No. ADJ450240 (SFO 0509944)
Regular
Sep 10, 2009

ARIEL LEVY vs. DEPARTMENT OF MOTOR VEHICLES, STATE COMPENSATION INSURANCE FUND

This case involves a petition for reconsideration filed by the defendant, the Department of Motor Vehicles and State Compensation Insurance Fund. The Workers' Compensation Appeals Board has granted this petition, recognizing the need for further study of the factual and legal issues. This action is intended to ensure a thorough understanding of the record and facilitate a just decision. All future communications regarding this matter should be directed to the Board's reconsideration unit.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting ReconsiderationDepartment of Motor VehiclesState Compensation Insurance FundStatutory Time ConstraintsFactual IssuesLegal IssuesJust and Reasoned DecisionFurther Proceedings
References
Case No. ADJ9 416837
Regular
May 02, 2016

SHANNON NICK vs. STATE OF CALIFORNIA DEPARTMENT OF MOTOR VEHICLES, STATE COMPENSATION INSURANCE FUND

This Workers' Compensation Appeals Board case involves applicant Shannon Nick versus the State of California Department of Motor Vehicles and State Compensation Insurance Fund. The Board has issued an order denying the applicant's Petition for Reconsideration. The denial is based on the WCJ's report, which the Board has adopted and incorporated by reference. Therefore, the petition for reconsideration has been formally denied.

Petition for ReconsiderationWCJ ReportWorkers' Compensation Appeals BoardDeniedADJ9416837Sacramento District OfficeAdministrative Law JudgeAdopt and IncorporateService MadeOfficial Address Record
References
Case No. ADJ8241674
Regular
Dec 24, 2014

DAMON BAGLEY vs. CITY OF CLOVIS POLICE DEPARTMENT

This case concerns whether a police officer injured in a commute-related car accident sustained an industrial injury. The Appeals Board rescinded the WCJ's finding, determining the injury was not compensable under the "going and coming" rule. The majority found no special mission because the employer lacked sufficient control and the officer's early arrival provided no clear benefit. A dissenting opinion argued the officer fell under the uniformed officer exception and was on a special mission due to the emergency call-in.

Going and coming ruleSpecial mission exceptionIndustrial injuryWorkers' Compensation Appeals BoardCity of Clovis Police DepartmentUniformed officer exceptionMotor vehicle accidentCall-inEmergency callDepartment-issued cell phone
References
Case No. ADJ6777275
Regular
Oct 19, 2011

PETER HAJDUKIEWICZ vs. DEPARTMENT OF MOTOR VEHICLES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed the petition for reconsideration because it was filed against a non-final interlocutory order, not a substantive decision determining liability. Such procedural orders, relating to evidence or trial setting, are not appealable for reconsideration. The petition for removal was also denied, as the applicant failed to demonstrate substantial prejudice or irreparable harm justifying this extraordinary remedy. Consequently, the Board dismissed the reconsideration and denied removal.

Workers' Compensation Appeals BoardPetition for ReconsiderationFinal OrderInterlocutory OrderSubstantive RightLiabilityRemovalWCJ's Report and RecommendationSubstantial PrejudiceIrreparable Harm
References
Case No. ADJ6991789
Regular
Oct 19, 2010

BONNIE MCCLINTIC vs. STATE OF CALIFORNIA, DEPARTMENT OF MOTOR VEHICLES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration regarding a finding that the applicant did not sustain an industrial injury. The applicant's own petition for reconsideration, arguing the evidence supported her claim of injury to her psyche, low back, neck, and jaw, was denied. The Board granted the applicant's request to file supplemental petitions in response to the proceedings. The defendant's initial petition was dismissed because they withdrew it.

Workers' Compensation Appeals BoardDepartment of Motor VehiclesState Compensation Insurance FundFindings of FactPetition for ReconsiderationSupplemental PetitionWCJ ReportApplicantDefendantIndustrial Injury
References
Case No. VNO 0510281
Regular
Apr 16, 2007

MOISES LOPEZ vs. DEPARTMENT OF MOTOR VEHICLES, Legally Uninsured, Administered By STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board reversed a prior finding and ordered that the 1997 Permanent Disability Rating Schedule applies to applicant Moises Lopez's case. This is because the last payment of temporary disability indemnity (or its equivalent, IDL) occurred before January 1, 2005, triggering the requirement for specific notices under Labor Code section 4061. Consequently, the case is remanded for permanent disability to be rated under the older schedule.

Workers' Compensation Appeals BoardReconsiderationIndustrial InjuryLicensing-Registration ExaminerDepartment of Motor Vehicles (DMV)State Compensation Insurance FundIndustrial Disability Leave (IDL)Temporary DisabilityPermanent Disability2005 Schedule for Rating Permanent Disabilities
References
Case No. ADJ10147686
Regular
Jun 12, 2017

TOBY LAPESARDE vs. CALIFORNIA DEPARTMENT OF CORECTIONS AND REHABILITATION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration of a prior decision finding the applicant's injury compensable. The Board rescinded the original findings and returned the case for further proceedings to determine if the "special risk" exception to the going-and-coming rule applies. The WCJ initially found the injury compensable under the "special mission" exception, but the Board noted credibility issues regarding the applicant's assertion of mandatory overtime. The applicant sustained injuries in a motor vehicle accident while commuting home after working a double shift.

Workers' Compensation Appeals BoardIndustrial InjuryLicensed Vocational NursePetition for ReconsiderationFindings of FactGoing and Coming RuleSpecial Mission ExceptionSpecial Risk ExceptionMandatory OvertimeCollective Bargaining Agreement
References
Case No. SAC 0346199
Regular
Jan 22, 2008

RACHEL ELIZONDO vs. STATE OF CALIFORNIA, DEPARTMENT OF MOTOR VEHICLES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to amend a previous award, primarily deferring the issue of attorney's fees under Labor Code section 4607 pending a Supreme Court decision. The Board affirmed the penalty for the unreasonable delay in authorizing a TENS unit and its supplies, but amended the penalty period for the cost of batteries and electrodes to July 10, 2007, through August 20, 2007, as stipulated by the parties. The case involved the Department of Motor Vehicles' delayed provision of a TENS unit to applicant Rachel Elizondo.

WCABReconsiderationLabor Code section 5814PenaltyUtilization ReviewTENS unitAttorney FeesLabor Code section 4607Medical TreatmentUnreasonable Denial
References
Showing 1-10 of 1,387 results

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