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

Case No. ADJ10815810
Regular
May 06, 2019

Derrell Meek vs. Corcoran State Prison, State Compensation Insurance Fund

The Workers' Compensation Appeals Board granted reconsideration of an administrative law judge's decision, overturning the finding of 86% permanent disability. The Board found that the physician's initial assessment of 75% whole person impairment for hypertensive cardiovascular disease, as per the AMA Guides, was appropriate. This 75% impairment was then adjusted to permanent total disability, recognizing that the scheduled rating adequately addressed the applicant's condition. The decision ultimately awarded permanent total disability indemnity and ongoing medical treatment.

Workers' Compensation Appeals BoardCorcoran State PrisonState Compensation Insurance FundDerrell Meekcorrectional officercirculatory systempermanent disabilityMilpitas Unified School District v. Workers' Comp. Appeals Bd. (Guzman)alternative impairment analysisAMA Guides
References
Case No. ADJ4701267 (VNO 0549082)
Regular
Jan 06, 2020

JAVIER OROZCO vs. NATIONAL STAFFING, LLC, COMMERCE AND INDUSTRY COMPANY, DERRELL'S MINI STORAGE, INC.

The Workers' Compensation Appeals Board granted reconsideration to amend a prior order, affirming the joinder of Derrell's Mini Storage and its insurer, Redwood Fire and Casualty, as defendants. The Board found a general/special employment relationship existed between the applicant's general employer (National Staffing) and Derrell's, the special employer. Despite arguments regarding sole liability of the general employer's insurer and laches, the Board held that joinder was appropriate to fully adjudicate the case and address contribution claims. The specific issue of contribution/reimbursement between carriers was deferred for further proceedings.

Workers' Compensation Appeals BoardJavier OrozcoNational StaffingLLCDerrell's Mini StorageInc.Redwood Fire and Casualty Insurance CompanyBerkshire Hathaway Homestate CompaniesAIG ClaimsInc.
References
Case No. ADJ1377755 (FRE 0242857) ADJ1891281 (FRE 0242858)
Regular
Oct 11, 2010

RUDOLPH GUTIERREZ vs. DERREL'S MINI STORAGE, BERKSHIRE HATHAWAY HOMESTATE, CO.

The Workers' Compensation Appeals Board dismissed Applicant Gutierrez's petition for reconsideration of a January 19, 2010 stipulation and order. Applicant contended the settlement was not secured with his consent. The Board treated his petition as a motion to set aside the award. The case is returned to the trial level for the judge to consider the set-aside petition and conduct further proceedings.

Workers' Compensation Appeals BoardReconsiderationPetition to Set AsideStipulation and OrderPro SeAdministrative Law JudgeDismissedReturned to Trial LevelAwardConsent
References
Case No. ADJ1508875
Regular
Sep 16, 2019

DERRELL FELDMAN vs. CRITCHFIELD MECHANICAL, ENSTAR U.S., INC., O.C. MCDONALD, TRAVELERS INDEMNITY COMPANY OF CT, PARAGON MECHANICAL, INC., STATE COMPENSATION INSURANCE FUND

This Workers' Compensation Appeals Board case involved applicant Derrell Feldman and multiple defendants. The Board granted reconsideration of a prior decision. The amended decision affirmed the original ruling but increased the applicant's attorney fees to $10,432.80. Additionally, the award for permanent disability indemnity was adjusted, and the attorney fees were ordered payable directly to the applicant's counsel.

Workers' Compensation Appeals BoardPetition for ReconsiderationDecision After ReconsiderationWCJ's reportSeabright Insurance CompanyPermanent disability indemnityLabor Code Section 4658(d)Attorney feesADJ1508875Critchfield Mechanical
References
Case No. ADJ1974387
Regular
Jan 19, 2023

KATHERINE BEARD vs. WALMART ASSOCIATES, INC., AMERICAN HOME ASSURANCE, YORK RISK SERVICES GROUP, INC.

This case concerns a dispute over permanent disability benefits for an employee injured in 2006. The applicant sought benefits at a higher weekly rate and an earlier COLA commencement date than initially awarded. The Appeals Board amended the original findings, ruling that the date of first permanent disability payment (September 13, 2006) controls benefit calculations. Consequently, the defendant must retroactively adjust payments to $407.66 per week and commence COLAs from January 1, 2007, with credit for prior payments.

Petition for Reconsiderationpermanent disability indemnityCOLApermanent total disabilityretroactive adjustmentpermanent and stationary dateearnings at time of injuryaverage weekly earningsmedical-legal benefitLabor Code Section 4650
References
Case No. ADJ6720678
Regular
Aug 14, 2015

RAQUEL MEEK vs. KNOWLEDGE UNIVERSE, ARCH INSURANCE COMPANY

This case involves a defendant's attempt to appeal a WCJ's decision to rescind dismissal orders for lien claims. The Appeals Board vacated its own order granting reconsideration because the defendant's petition was not for a final order. The Board also dismissed the defendant's removal petition as untimely, as it was filed over two months past the deadline following the rescission order. Furthermore, the defendant failed to provide proper proof of personal service, leading the Board to uphold the lien claimants' reliance on the later mail service date.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalLien ClaimsDismissalRescissionLabor Code section 4903.06Appeals Board Rule 10859Appeals Board Rule 10848Appeals Board Rule 10505(c)
References
Case No. ADJ4254212 (SAC 0369491) ADJ3966016 (SAC 0369493)
Regular
Jul 19, 2010

Salem Najjar vs. MEEKS BUILDING CENTER, ZURICH AMERICAN INSURANCE COMPANY

The Appeals Board granted reconsideration, finding that a payment for attending a medical-legal examination under Labor Code section 4600(e)(1) does not trigger the 104-week limit on temporary disability indemnity under Labor Code section 4656(c)(1). The Board clarified that such payments are for wage loss reimbursement, not a commencement of actual temporary disability, distinguishing it from prior cases where other benefit types functionally served as temporary disability. The case was remanded to determine the actual date temporary disability payments began to establish the correct duration of benefits. Applicant's claim for temporary disability from March 17, 2009, and continuing will be re-evaluated.

Labor Code section 4656(c)(1)temporary disability indemnity104 week limitationmedical examinationQualified Medical Evaluation (QME)wage lossreconsiderationWCJLabor Code section 4600(e)(1)aggregate disability payments
References
Case No. ADJ2070973 (SAL 0092454)
Regular
Jun 12, 2015

CHARLENE MEEKS-CLOSE vs. RIVER RANCH FRESH FOODS, SEDGWICK CMS

The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration due to untimely service on the applicant's counsel of record. The defendant failed to properly serve the petition, which is a procedural defect that deprives the applicant of due process rights. While one commissioner concurred with the dismissal on procedural grounds, she dissented regarding the merits, arguing the petition should have been granted to develop the record on the permanent disability rating. The majority opinion noted that even if properly served, the petition would have been denied on its merits.

Workers Compensation Appeals BoardPetition for ReconsiderationFindings Award and OrderPermanent DisabilityLife PensionHousekeeping ExpensesMileage ExpensesUnreasonable DelayPenaltyAgreed Medical Evaluator
References
Case No. ADJ6575620
Regular
May 09, 2011

Ruth Meeks vs. C.L. KNOX dba ADVANCED INDUSTRIAL SERVICES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed the employer's petition for reconsideration because it was unverified and the defect was not cured. The Board also denied the insurance carrier's petition, upholding the original finding that the applicant sustained an industrial injury. This decision was based on the administrative law judge's credibility findings regarding the applicant's intent to return to work after a break. The employee's memory impairment near the accident did not render her testimony unreliable for earlier events.

AOE/COEPetition for ReconsiderationUnverified PetitionLabor Code Section 5902Lucena v. Diablo Auto BodyWitness CredibilityCompensable InjuryIndustrial AccidentScope of EmploymentAdverse Inference
References
Case No. ADJ1116172 (VNO 0542851 ADJ4496371 (LAO 0867566) ADJ3831355 (LAO 0828400)
Regular
Jul 13, 2011

DENISE MEEKS vs. COUNTY OF LOS ANGELES MARTIN LUTHER KING HOSPITAL #225, COUNTY OF LOS ANGELES METRO SO. CHC/HEATH CTRS. #226

The defendant in this workers' compensation case, County of Los Angeles, filed a petition for reconsideration of an award, alleging mutual mistake of fact regarding an overpayment of temporary disability indemnity. However, the defendant's legal representative subsequently informed the Board that the parties had informally resolved the dispute. Consequently, the defendant withdrew their petition for reconsideration. The Workers' Compensation Appeals Board has formally dismissed the defendant's petition as a result.

Petition for ReconsiderationStipulations with Request for AwardTemporary Disability IndemnityOverpaymentMutual Mistake of FactAdministrative Law JudgeWorkers' Compensation Appeals BoardDismissal
References
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