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

Case No. ADJ426447 (RDG 0129495)
Regular
Jul 16, 2010

Shane Guest vs. Barrett Business Services

The Appeals Board dismissed the applicant's petition for reconsideration as he was not aggrieved by a final order. The applicant sought to set aside a settlement concerning the Employment Development Department's (EDD) lien, arguing it was made in error. However, the Board found that the WCJ had not yet made a final determination on the EDD lien, which is a prerequisite for the Board to have jurisdiction to approve or disapprove such a settlement. Therefore, the matter is returned to the trial level for a final determination of the EDD's lien.

WCABPetition for ReconsiderationDismissalEDD LienTrial LevelFinal DeterminationTemporary DisabilityEmployment Development DepartmentStipulationDeferred Lien
References
1
Case No. ADJ9703207
Regular
May 03, 2016

TRACY GIANG vs. AIRBORNE SYSTEMS aka TRANSDIGM HOLDING COMPANY, THE HARTFORD FIRE AND ACCIDENT INDEMNITY COMPANY

The Appeals Board granted reconsideration to address the defendant's challenges to the original award. While affirming the applicant's industrial injury to the lumbar spine and the $24\%$ permanent disability rating, the Board rescinded the temporary disability award. The Board found the temporary disability award was not supported by substantial medical evidence, as it relied solely on an EDD certification form. The issue of EDD's lien was also deferred pending further proceedings on the temporary disability issue.

Petition for ReconsiderationFindings and AwardTemporary DisabilityPermanent DisabilityApportionmentSubstantial EvidenceMedical OpinionEDD LienReopening RecordMcDuffie Development
References
9
Case No. ADJ8860181
Regular
Jul 16, 2015

GARY GATSON vs. BIMBO BAKERIES USA, INC., ACE AMERICAN INSURANCE COMPANY

This case involves a dispute over the Employment Development Department's (EDD) lien for temporary disability benefits paid to the applicant. The original award found the applicant sustained a cumulative trauma injury and awarded temporary disability benefits, but only allowed partial reimbursement to EDD. Both EDD and the employer sought reconsideration, with EDD arguing for full reimbursement and the employer challenging the EDD lien finding. The Appeals Board granted EDD's petition, denied the employer's, and will allow further proceedings to determine the correct amount of EDD's lien and temporary disability award.

WCABcumulative traumaAchilles tendonpermanent disabilitytemporary disabilityEDD lienreconsiderationsubstantial evidencestandingLabor Code section 4904
References
0
Case No. SFO 0458811 SFO 0458812
Regular
Aug 20, 2007

KATHLEEN BARRAGAN vs. EASTERN PLUMAS HOSPITAL, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed the Employment Development Department's (EDD) petition for reconsideration because there was no final order yet concerning the EDD's liability for attorney fees. The EDD is not yet aggrieved as the calculation of the applicant's attorney fees from any EDD lien recovery is still subject to adjustment. The EDD will have an opportunity to address attorney fees if party negotiations fail.

Lien claimantPetition for ReconsiderationFindings and Awardcompensable injuryright handleft handcertified nursing assistantcumulative periodattorney feestemporary disability benefits
References
0
Case No. MISSING
Regular Panel Decision

Flores v. Anjost Corp.

Plaintiffs filed a class action lawsuit against Anjost Corporation and its principals, alleging violations of the Fair Labor Standards Act and the New York Labor Law, including issues with minimum wage, overtime pay, tip withholding, and uniform costs. The court addressed Plaintiffs' motion for class certification, following a prior conditional certification of an FLSA collective action. Evaluating the proposed classes under Rule 23 of the Federal Rules of Civil Procedure, the court found that the requirements for numerosity, commonality, typicality, and adequacy of representation were largely met. Consequently, the court granted the motion for class certification in a modified form, establishing three specific classes: a Tipped Employee Class, a Spread of Hours and Wage Statement Class, and a Uniform Claims Class. The decision also included orders for the defendants to disclose class member information and for both parties to jointly prepare a proposed class notice.

Class ActionFair Labor Standards Act (FLSA)New York Labor Law (NYLL)Wage and Hour ClaimsOvertime WagesMinimum WageTip WithholdingUniform CostsWage StatementsSpread of Hours Premium
References
71
Case No. ADJ7960157 (RDG 0095395) ADJ4276340
Regular
Apr 03, 2013

DAVID SANDROCK vs. INDEPENDENT BUSINESS FORMS, INC., PREFERRED EMPLOYERS INSURANCE COMPANY

This case involves a petition for reconsideration filed by the defendant, Independent Business Forms, Inc. The Workers' Compensation Appeals Board has granted this reconsideration. The Board intends to further study the factual and legal issues to ensure a just and reasoned decision. All future communications regarding this matter must be filed in writing with the Office of the Commissioners.

SandrockIndependent Business FormsPreferred Employers Insurance CompanyADJ7960157ADJ4276340ReconsiderationPetition for ReconsiderationWorkers' Compensation Appeals BoardRedding District OfficeSan Francisco
References
0
Case No. ADJ4718149 (GRO 0034104) ADJ708995 (GRO 0034105)
Regular
Jul 03, 2012

ART QUIROS vs. SUPERIOR TANK COMPANY, INC., SEABRIGHT INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and rescinded an earlier order awarding reimbursement to the Employment Development Department (EDD). The Board found that EDD's claim for reimbursement was invalid because EDD failed to provide the defendant with proper written notice of the lien claim and its extent, as required by Labor Code section 4904(a). Although EDD argued oral notice was given at hearings, the Board held that statutory law mandates written notification for a lien to be valid. Therefore, EDD's claim for reimbursement was disallowed.

Workers' Compensation Appeals BoardSuperior Tank CompanySeabright Insurance CompanyEmployment Development Departmentlien claimCompromise and Releasewritten noticeLabor Code section 4904(a)actual or constructive noticetemporary disability benefits
References
0
Case No. ADJ4276340 RDG 0095395 ADJ7960157
Regular
Aug 15, 2013

David Sandrock vs. Independent Business Forms, Inc., Preferred Employers Insurance Company

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and amended a prior decision regarding David Sandrock's cumulative trauma claim. The WCAB found that Sandrock's cumulative trauma injury ending July 28, 2006, is not presumptively compensable because no claim form was filed with the employer, as required by Labor Code sections 5401 and 5402. The Board determined that the insurer, Preferred Employers, did not violate due process by submitting the case on briefs at a conference. The WCAB deferred the issue of injury arising out of and occurring in the course of employment (AOE/COE) and returned the matter to the trial level for further proceedings.

Workers' Compensation Appeals BoardReconsiderationFindings and OrderCumulative TraumaPresumptive CompensabilityClaim Form90-Day Investigation PeriodDue ProcessIndustrial InjuryAOE/COE
References
1
Case No. ADJ8269580
Regular
Nov 30, 2015

RALPH LARUE vs. SANTA CLARA VTA, permissibly self-insured; administered by TRISTAR RISK MANAGEMENT

The Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration, rescinding the prior award that allowed the Employment Development Department (EDD) a $2,300 lien. The WCAB found the record lacked sufficient evidence to establish EDD's lien, as defendant argued EDD failed to prove benefits were for the same industrial injury. The Board clarified that EDD's lien attaches to permanent disability caused solely by the industrial injury, not to the apportionment of disability. The case is remanded for further proceedings to develop the record on EDD's lien claim.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact and AwardEmployment Development Department (EDD)Lien ClaimPermanent Disability IndemnityApportionmentLabor Code 4904(b)Causation of InjuryCausation of Disability
References
1
Case No. ADJ1975641 (SRO 0139288)
Regular
Nov 15, 2010

LETEBRHAN BERHE vs. DLK VENTURES INC. dba HANNA HOUSE, RIDLEY NURSING HOME; VIRGINIA, SURETY INSURANCE COMPANY as, administered by FIRSTCOMP OMAHA

Defendant seeks reconsideration of an award finding applicant sustained a work injury and granted benefits, including reimbursement to EDD from applicant's permanent disability award. The defendant contends the WCJ erred by not ordering applicant to reimburse EDD directly. The Appeals Board granted reconsideration, rescinded the decision, and returned the matter to the trial level. This action was taken to allow the WCJ to determine EDD's entitlement to reimbursement directly from the defendant, given the defendant's failure to notify EDD of permanent disability payments after receiving EDD's lien notice.

WORKERS' COMPENSATION APPEALS BOARDDLK VENTURES INC.HANNA HOUSERIDLEY NURSING HOMEVIRGINIA SURETY INSURANCE COMPANYFIRSTCOMP OMAHAADJ1975641SRO 0139288LETEBRHAN BERHEFindings and Award
References
0
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