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

Case No. ADJ1416396 (OXN 0147357) ADJ7453200
Regular
Jul 08, 2011

, Applicant, RICHARD DAVIS, vs. , BOTTLING GROUP LLC dba PEPSI BEVERAGES COMPANY; SEDGWICK CLAIMS MANAGEMENT for OLD REPUBLIC,

This case involved an employee who sustained two industrial injuries, one from a third-party's negligence and another cumulative trauma injury. The employer sought to apply a credit for the employee's net third-party recovery against the total workers' compensation award. The Appeals Board denied the employee's petition for reconsideration, upholding the employer's right to this credit. This decision affirmed that a third-party credit can be applied even when industrial injuries are intertwined and awarded jointly, to prevent the employee from obtaining a double recovery.

Petition for ReconsiderationThird-Party CreditJoint and Several AwardDouble RecoveryCumulative InjurySpecific InjuryAgreed Medical EvaluatorUnapportioned Permanent DisabilityBenson v. Permanente Medical GroupBenson v. Workers' Comp Appeal Bd.
References
Case No. ADJ3694053 (SJO 0239468) MF ADJ2554333 (SJO 0247822)
Regular
Jan 27, 2017

JAMES HARRIS vs. TRENDWEST RESORTS, INC./CENDANT CORPORATION, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA

This case concerns whether a civil settlement for discrimination and harassment also resolved the applicant's workers' compensation claims and whether the defendant should receive credit for the civil recovery. The Workers' Compensation Appeals Board (WCAB) denied the defendant's petition for reconsideration. The WCAB affirmed the finding that the civil release did not settle workers' compensation rights, emphasizing that the release was not submitted for WCAB approval and the applicant credibly testified it did not cover industrial injuries. Citing precedent, the WCAB found that the defendant's wrongful conduct should not benefit from a credit.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderCivil Case SettlementGeneral ReleaseWorkers' Compensation BenefitsDouble RecoveryCredit for Civil RecoveryIndustrial InjuryCardiovascular System
References
Case No. ADJ2552389 (OAK 0301853), ADJ2702419 (OAK 0301854), ADJ350772 (OAK 0301856), ADJ3854894 (OAK 0321466)
Regular
Mar 26, 2012

BARBARA LIGE-DIXON vs. A.C. TRANSIT, SEDGWICK CMS, INC.

The defendant, AC Transit, sought reconsideration of an award finding four industrial injuries and three awards of permanent disability for Barbara Lige-Dixon. The primary dispute concerned whether the defendant could credit permanent disability advances made in one case (resulting in zero disability) against its liability in other cases. The Appeals Board granted reconsideration, finding equitable considerations supported allowing the credit across all cases due to overlapping injuries and evolving medical apportionment. The Board amended the award to permit the $12,930 advance credit, while deferring the issue of attorney fees against third-party recovery for further trial-level proceedings.

Workers' Compensation Appeals BoardPermissibly Self-InsuredJoint Findings Award and OrdersPermanent DisabilityPermanent Disability AdvancesCreditThird Party RecoveryEquitable ConsiderationsApportionmentAgreed Medical Examiner
References
Case No. ADJ302560
Regular
Jan 10, 2012

DAVID COE vs. PROFESSIONAL ASSOCIATION OF DIVING INSTRUCTORS, MISSION INSURANCE COMPANY, IN LIQUIDATION, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

The Appeals Board granted reconsideration on its own motion to correct a clerical error in a prior decision regarding a Labor Code section 5710 attorney's fee. The original award of $1,903.75 was twice the applicant's attorney's requested fee of $1,093.75, which the WCJ and the Board's prior decision acknowledged. The Board corrected its decision to reflect the accurate attorney fee of $1,093.75, while reaffirming that CIGA has no liability for this fee due to a credit against the applicant's third-party recovery, which is reduced by the corrected fee amount.

Workers' Compensation Appeals BoardProfessional Association of Diving InstructorsMission Insurance CompanyCalifornia Insurance Guarantee Association (CIGA)Labor Code section 5710attorney's feeclerical errorpetition for reconsiderationthird-party recoverynet third party recovery
References
Case No. BAK 0137052, BAK 0138374, BAK 0140170, BAK 0140171, BAK 0147127
Regular
Dec 27, 2007

Carlos Vaca vs. Cardoza Dairy Farms, Inc., State Compensation Insurance Fund, California Insurance Guarantee Association, Broadspire, Legion Insurance Company

The Workers' Compensation Appeals Board denied CIGA's petition for reconsideration, upholding the prior decision that corrected clerical errors and amended the award. CIGA argued that the award resulted in double recovery for the applicant and an overpayment of its liability, but the Board found no error in the prior decision, incorporating previous opinions and reports. The decision specifically denied CIGA's request to amend the award for permanent disability advances, confirming the original findings.

CIGALegion InsuranceState Compensation Insurance FundCardoza Dairy FarmsPetition for ReconsiderationTemporary Total DisabilityPermanent Partial DisabilityDouble RecoveryApportionable LiabilityOverpayment
References
Case No. VNO 0413963
Regular
Dec 26, 2007

KATHLEEN FREEMAN vs. FOTO-KEM INDUSTRIES, CNA INSURANCE COMPANY

This case involves the Employment Development Department's (EDD) lien claim. The Appeals Board initially dismissed EDD's petition for reconsideration as untimely, but upon review of new evidence, found it was timely filed. Despite the timely filing, the Appeals Board denied EDD's petition on its merits, affirming the WCJ's decision to disallow EDD's lien due to improper notice to the administering defendant, resulting in a double recovery for the applicant.

Workers' Compensation Appeals BoardReconsiderationEmployment Development DepartmentPetition for ReconsiderationWCJ DecisionLienReimbursementDouble RecoveryMisdirected NoticeStipulation
References
Case No. ADJ3200630 (SDO 0260766)
Regular
Jun 25, 2009

ROBERT PRINCE vs. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURH, PA

This case concerns an applicant's petition for reconsideration of an award allowing the defendant credit for overpaid temporary disability. The Appeals Board ruled that the petition was timely considered, as the statutory time limit was tolled due to administrative delays. Crucially, the Board found that the applicant received both temporary and permanent disability benefits concurrently, thus preventing a double recovery and making the credit allowance fair. Therefore, the petition for reconsideration was denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardIndustrial InjuryNeck InjuryBack InjuryShoulder InjuryTemporary Disability IndemnityPermanent DisabilityAgreed Medical Examiner
References
Case No. ADJ4305719
Regular
Jun 18, 2015

HELEN BOUGH vs. DANA MANCHESTER, DMD, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the defendants' petition for reconsideration in this case. The defendants argued the Workers' Compensation Judge erred in ordering the State Compensation Insurance Fund (SCIF) to reimburse the Employment Development Department (EDD). However, SCIF had prior knowledge of EDD's lien for benefits paid to the applicant but still proceeded to pay the full award. The Board found that EDD is entitled to reimbursement from SCIF and that the award does not constitute a double recovery for the applicant.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJSCIFEDDLienReimbursementDouble RecoveryCreditContinuous Trauma
References
Case No. BAK 137052, BAK 138374, BAK 140170, BAK 140171, BAK 147127
Regular
Oct 12, 2007

CARLOS VACA vs. CARDOZA DAIRY FARMS, INC., STATE COMPENSATION INSURANCE FUND, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, BROADSPIRE, LEGION INSURANCE COMPANY

The Appeals Board granted reconsideration to correct clerical errors in a prior award, affirming the Administrative Law Judge's findings on industrial injury and disability for the applicant. The Board clarified that State Compensation Insurance Fund (SCIF) is liable for temporary and permanent disability benefits, noting that payments made by CIGA/Legion Insurance Company will be credited to avoid double recovery. The award also addresses attorney fees and clarifies benefit rates and amounts for the applicant.

Workers' Compensation Appeals BoardCardoza Dairy FarmsInc.State Compensation Insurance FundCalifornia Insurance Guarantee AssociationLegion Insurance CompanyliquidationBroadspireindustrial injuryspine
References
Case No. ADJ9103955
Regular
Aug 25, 2014

EMMANUEL BRISENO vs. CALTRANS, Permissibly Self-Insured, Adjusted By STATE COMPENSATION INSURANCE FUND

This case concerns a workers' compensation appeal where the defendant, Caltrans, sought reconsideration of an award of temporary disability benefits. Caltrans argued the award should credit benefits already paid by the Employment Development Department (EDD) to prevent double recovery. The Appeals Board granted reconsideration, agreeing that the award needed adjustment for the EDD's potential lien. Consequently, the Board amended the award to require the parties to adjust the benefit amount, taking into account the EDD's potential lien interest.

Workers' Compensation Appeals BoardADJ9103955Emmanuel BrisenoCALTRANSPermissibly Self-InsuredState Compensation Insurance FundTemporary Disability IndemnityEmployment Development Department (EDD)EDD LienDouble Recovery
References
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