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

Case No. ADJ11008028
Regular
Feb 15, 2019

LAVERN JAMES vs. GOOD EARTH NATURAL FOODS, ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Lavern James's petition for reconsideration of a prior decision. The Board adopted the administrative law judge's report, with a minor clarification. Specifically, the Board noted that while the applicant experiences difficulty writing and bathing, their physician's testimony and the applicant's own statements did not establish a complete inability to perform these tasks due to their right arm injury. The petition for reconsideration was ultimately denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportdeposition testimonyapplicant's testimonydifficulty writingdifficulty showeringself-caringdeny reconsideration
References
Case No. ADJ3670273 (STK 0188965)
Regular
Dec 27, 2013

ROBERT CRANE vs. SMT RESOURCE/GRANITE STATE INSURANCE COMPANY, as administered by CHARTIS CLAIMS, INC.

This case involves a request for supplemental attorney's fees for services rendered in appealing a workers' compensation decision. The Court of Appeal previously remanded the case to the Workers' Compensation Appeals Board (WCAB) to determine reasonable fees for the applicant's attorney. The applicant's attorney requested $7,652.00 for 19.13 hours of work at $400 per hour. The WCAB found this amount reasonable and awarded it to the applicant's attorneys, Rockwell, Kelly & Duarte, LLP.

Workers' Compensation Appeals BoardPetition for Writ of ReviewCourt of AppealSupplemental Attorney's FeeLabor Code § 5801Appellate ServicesReasonable Attorney FeesPetition for Writ of ReviewTime SpentHourly Rate
References
Case No. ADJ2531693 (MON 0284829)
Regular
Feb 22, 2012

VIRGINIA SIEGEL vs. UNIVERSITY OF CALIFORNIA LOS ANGELES - EXTENSION DEPARTMENT BUSINESS, OCTAGON RISK SERVICES

This case involves the award of additional attorney's fees to applicant's counsel following a successful defense of a Petition for Writ of Review at the appellate level. The Court of Appeal had previously remanded the matter to the Workers' Compensation Appeals Board (WCAB) for the purpose of making this supplemental award. Applicant's attorney requested $2,400.00 for six hours of work at $400.00 per hour, plus $179.07 in costs. The WCAB found this amount reasonable given the attorney's extensive experience and the successful outcome. An award of $2,579.07 in appellate attorney's fees and costs was made against the defendant.

Labor Code § 5801Petition for Writ of ReviewCourt of AppealSupplemental Attorney's FeeAppellate Attorney's FeeRemandWorkers' Compensation Appeals BoardReasonable Attorney FeesLegal ServicesPetition for Award of Attorney's Fee
References
Case No. ADJ6844781
Regular
Jun 04, 2013

JOSE PORTILLO vs. SOUTWEST TRAILS, INC., CASTLEPOINTE, Administered By TOWER GROUP COMPANIES

This Workers' Compensation Appeals Board decision awards an additional $3,500.00 in attorney's fees to Applicant's counsel. The award stems from services rendered in successfully defending against Defendant Southwest Trails, Inc.'s Petition for Writ of Review. The Court of Appeal had previously remanded the case specifically for this supplemental fee determination. The Board found the requested amount reasonable based on attorney effort, complexity, and the appellate victory.

WORKERS' COMPENSATION APPEALS BOARDADDITIONAL ATTORNEY'S FEELABOR CODE § 5801Petition for Writ of ReviewCourt of Appealsupplemental awardappellate attorney's feeEmployers Mutual Liability Insurance Company v. Workers' Comp. Appeals Bd.respondentapplicant
References
Case No. ADJ2356422 (VNO 0547491)
Regular
Dec 17, 2009

JENNY JONSSON vs. MARCELO POLANCO, AMERICAN HOME ASSURANCE COMPANY

The WCAB granted reconsideration, rescinded the prior award, and returned the matter for further development of the medical record due to insufficient evidence supporting the prior award's findings regarding sleep difficulties and permanent disability.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardIndustrial InjuryHead/Brain InjuryLeft Lower ExtremitySleep DifficultiesPermanent DisabilityFurther Medical TreatmentMedical Treatment
References
Case No. ADJ7693391
Regular
Jun 13, 2013

ANA RODRIGUEZ vs. AMERICAN APPAREL, ATHENS ADMINISTRATORS

The Workers' Compensation Appeals Board denied a petition for reconsideration, upholding the dismissal of a lien for failure to pay the activation fee. The Board found the petitioner's representative's arguments, including claims of "technical difficulties," to be unsubstantiated and a misrepresentation. The Board also admonished the defendant for submitting unnecessary documents. Finally, the Board reiterated its lack of jurisdiction to rule on the constitutionality of statutory requirements.

Workers' Compensation Appeals BoardPetition for ReconsiderationHearing RepresentativeSanctionsLien Activation FeeEAMSConstitutionality of StatuteAdministrative AgenciesCourt of AppealsCalifornia Supreme Court
References
Case No. POM 0231129
Regular
Jun 03, 2008

PEGGY MAYER SPIER vs. BRIDGECREEK RETIREMENT HOME, LIBERTY MUTUAL INSURANCE COMPANY

This case involves a dispute over attorney's fees from a workers' compensation settlement. The WCJ initially divided the remaining $10,500 in fees based solely on the length of representation, awarding $9,450 to the applicant for self-representation and $1,050 to the former attorney. The former attorney sought reconsideration, arguing the WCJ improperly ignored statutory factors like responsibility, care, time, and results obtained. The Appeals Board granted reconsideration and remanded the case for a new fee determination based on all four statutory criteria.

Workers' Compensation Appeals BoardReconsiderationAttorney's FeesCompromise and ReleasePropria PersonaLien ClaimantAgreed Medical ExaminerThoracic Outlet SyndromeLabor Code Section 4906(d)Rule 10775
References
Case No. ADJ1748495 (SAC 0288002)
Regular
Jan 25, 2010

ERIC STEWART vs. SOLON FIRE CONTROL, CAMBRIDGE SAN DIEGO

This case involves an applicant claiming workers' compensation for sarcoidosis allegedly caused by occupational exposure to dry fire extinguisher chemicals. The administrative law judge initially found no industrial causation, favoring the defendant's medical examiner over the applicant's. On reconsideration, the Appeals Board affirmed this decision, finding the applicant failed to prove it was reasonably probable his condition arose from employment due to a lack of early irritative symptoms and the presence of prior skin lesions. The dissenting commissioner argued that the applicant's credible testimony and the applicant's QME's report sufficiently established industrial causation, as sarcoidosis can have an insidious onset.

SarcoidosisIndustrial causationQualified Medical Examiner (QME)Dry fire extinguisher chemicalsCumulative traumaPulmonary systemSkin involvementMedical evidenceOccupational exposureImmunologic processes
References
Case No. ADJ9344211
Regular
Dec 01, 2017

Patricia Preston vs. Los Angeles Unified School District, SEDGWICK CLAIMS MANAGEMENT SERVICES

The applicant sought reconsideration of a workers' compensation award, challenging the permanent disability rating primarily based on the chosen medical evaluation method. The applicant argued the Range-of-Motion (ROM) method, favored by her treating physician, should have been used instead of the Diagnosis-Related Estimates (DRE) method employed by a Qualified Medical Evaluator (QME). Additionally, she contended that her vocational expert's opinion supported a finding of total permanent disability. The Board denied reconsideration, affirming the administrative law judge's decision, finding the QME's DRE rating supported by substantial evidence and the applicant's vocational evidence insufficient to prove total disability. A dissenting opinion argued that findings of multi-level spinal involvement supported the use of the ROM method for a potentially higher rating and questioned the QME's justification for choosing DRE.

Workers' Compensation Appeals BoardPatricia PrestonLos Angeles Unified School DistrictSedgwick Claims Management ServicesADJ9344211Permanent Disability RatingRange-of-Motion MethodDiagnosis-Related Estimates MethodApportionmentDr. Fenton
References
Case No. ADJ6785503
Regular
Jul 19, 2012

CYNTHIA E. SPRINGER vs. PERSONAL INVOLVEMENT CENTER, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted the defendant State Compensation Insurance Fund's petition for reconsideration of a May 10, 2012, decision. This reconsideration is necessary to allow the WCAB further time to thoroughly study the factual and legal issues involved. Pending a final decision after reconsideration, all future filings must be submitted in writing directly to the WCAB Commissioners in San Francisco and not to any district office or via e-filing.

Workers' Compensation Appeals BoardReconsiderationPetition for ReconsiderationFindings Award OrderState Compensation Insurance FundElectronic Adjudication Management SystemEAMSJust and Reasoned DecisionStatutory Time ConstraintsFactual and Legal Issues
References
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