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

Case No. EUR 0033714 EUR 0033715 EUR 0034952 EUR 0034953 EUR 0036579
Regular
Jun 04, 2008

CALE TAYLOR vs. SIMPSON TIMBER COMPANY, A.K.A. ARCATA REDWOOD COMPANY, Permissibly Self-Insured by BROADSPIRE; LIBERTY MUTUAL, and STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The WCJ found several industrial injuries to the applicant's low back, knees, and shoulders, awarding varying percentages of permanent disability after considering apportionment and overlap. The Board affirmed the WCJ's findings, particularly noting that the applicant's arguments regarding precedent-setting cases were not applicable or were bound by established Appeals Board decisions.

Workers' Compensation Appeals BoardSimpson Timber CompanyBroadsPIRELiberty MutualState Compensation Insurance FundCale Taylorindustrial injurylow backleft kneeright shoulder
References
6
Case No. EUR 0038039; EUR 0038040 EUR 0038041; EUR 0039476
Regular
May 12, 2008

JERRY LANEY vs. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION

The applicant sought reconsideration of an order terminating temporary disability benefits, arguing they should extend until a later medical evaluation date. The Workers' Compensation Appeals Board denied reconsideration, adopting the judge's reasoning. The Board also noted procedural confusion regarding the termination petition being filed in unrelated cases where benefits were not being continued.

Workers' Compensation Appeals BoardPetition to Terminate Temporary DisabilityFindings and OrderReconsideration DeniedIndustrial InjuryEquipment OperatorNeurosurgeonTemporary Disability BenefitsAdministrative Law JudgeReport and Recommendation
References
0
Case No. EUR 31005 EUR 31006 EUR 31007
Regular
Jun 17, 2008

WAYNE E. LOVEL, JR. vs. JIM BAKER TRUCKING, INC., LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration of a prior decision to allow further study of factual and legal issues. This action is necessary to ensure a complete understanding of the record and enable a just decision. All future communications related to this case must now be directed to the Reconsideration Unit.

Workers' Compensation Appeals BoardPetition for ReconsiderationJim Baker TruckingLiberty Mutual Insurance CompanyCase No. EUR 31005EUR 31006EUR 31007EUR District OfficeStatutory time constraintsFactual and legal issues
References
0
Case No. ADJ581846 [EUR 32172] ADJ3580940 [EUR 32173] ADJ1704974 [EUR 32433] ADJ1482162 [EUR 32434] ADJ3725997 [EUR 39746]
Regular
Sep 12, 2008

DWIGHT L. JENNINGS vs. THE PACIFIC LUMBER COMPANY

The Board grants reconsideration and reverses the finding that defendant unreasonably delayed payment of applicant's counsel's fees, but affirms other determinations. The decision orders defendant to pay the fees with interest.

Permanent disability indemnityAttorney's feesReconsiderationFindings and AwardLabor Code section 5814Over-advancementReserveWCJWCABIndustrial injury
References
5
Case No. ADJ810614 (EUR 0035768) ADJ2335332 (EUR 0035769) ADJ2897078 (EUR 0039986)
Regular
Dec 12, 2011

JEFFREY DUNCAN vs. TOWN OF SCOTIA PACIFIC LUMBER

The Appeals Board granted reconsideration, rescinding a prior award of temporary disability. The Board found that Labor Code section 5410 bars any new or further temporary disability benefits arising more than five years after the dates of injury, which applied to the applicant's claim from March 30, 2011, forward. However, the Board denied the defendant's request for a credit for overpaid temporary disability indemnity, finding insufficient proof and discretionary grounds for denial. The Board determined that while the defendant failed to prove entitlement to credit, the applicant could not receive new temporary disability benefits due to the statutory time limit.

Labor Code section 5410New and further disabilityTemporary total disabilityReconsiderationPetition to terminate liabilityOverpayment creditCompensable temporary disabilityAgreed Medical ExaminerPermanent and stationaryIndustrial injuries
References
17
Case No. EUR 39345, EUR 39344
Regular
Aug 02, 2007

JOSE L. MUNOZ vs. SUN VALLEY FLORAL FARMS

The Appeals Board denied the defendant's petition for reconsideration, upholding the award of enhanced permanent disability benefits based on the employer's failure to offer compliant alternative work. The Board granted the lien claimant's (EDD) petition to correct a clerical error regarding the calculation of its lien. The decision affirms the original award for the applicant's injury but defers the final determination of the EDD's lien amount.

Workers' Compensation Appeals BoardSun Valley Floral FarmsEmployment Development DepartmentLien ClaimantPetition for ReconsiderationJoint Findings and AwardIndustrial InjuryLow BackCumulative InjuryPermanent Disability
References
0
Case No. EUR 31005 EUR 31006
Regular
Aug 20, 2008

WAYNE E. LOVEL, JR. vs. JIM BAKER TRUCKING, INC., LIBERTY MUTUAL INSURANCE COMPANY

The Appeals Board affirmed the WCJ’s decision that Liberty Mutual was liable for applicant's industrial injuries. Applicant’s and lien claimant’s petitions for reconsideration were dismissed as untimely.

Workers' Compensation Appeals BoardJoint Findings and AwardPetition for ReconsiderationIndustrial InjuryLeft ShoulderLeft FingerTruck DriverLiberty Mutual Insurance CompanyCalifornia Insurance Guarantee AssociationCIGA
References
2
Case No. ADJ123228 (EUR 0029751) ADJ3754831 (EUR 0020462)
Regular
Jul 23, 2012

GEORGE MAYES vs. ERNEST PIERSON COMPANY, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, affirming the finding that his lipomas adjacent to his spine were not a compensable consequence of his industrial injuries. Medical evidence, including reports from QMEs and the applicant's treating physician, indicated the masses were coincidental and unrelated to his work-related injuries. The Board found the applicant failed to meet the burden of proof to establish a causal link and that submitted documents did not constitute newly discovered evidence.

Petition for ReconsiderationSupplemental Findings and AwardIndustrial InjuryLumber HandlerSales ClerkCarpal TunnelThoracic SpineLumbar SpineAbdominal AreaLipoma
References
2
Case No. ADJ3218180 (EUR 0040749) ADJ4708435 (EUR 0040750)
Regular
Nov 19, 2010

ROBERT ZIMMERMAN vs. BRITT LUMBER COMPANY, OLD REPUBLIC INSURANCE COMPANY

This case involves an appeal of permanent disability ratings for an applicant's left upper extremity and right knee injuries. The defendant contests the ratings, arguing the Agreed Medical Examiner (AME) and WCJ improperly deviated from AMA Guides methodology, particularly by combining impairment factors without adequate justification. The Appeals Board granted reconsideration, finding the AME's explanations for deviating from the Guides were insufficient. The matter is remanded for further proceedings to obtain a more adequately justified permanent disability rating.

WCABReconsiderationPermanent Disability RatingApportionmentAMA GuidesAlmaraz/GuzmanAgreed Medical Examiner (AME)Grip LossStation and GaitDiagnosis Based Estimate
References
2
Case No. ADJ2105435 (EUR 0031083) ADJ489780 (EUR 0031084)
Regular
Nov 14, 2008

Bill Chilcutt vs. HINTZ CONSTRUCTION, STATE COMPENSATION INSURANCE FUND EUREKA

This case involves Bill Chilcutt's workers' compensation claim for back and neck injuries. The appeals board granted reconsideration, rescinding the prior determination that found good cause to reopen the cumulative trauma claim and awarding 59% permanent disability. The matter is remanded for further proceedings to address issues of psychiatric disability causation, orthopedic apportionment in light of recent case law, and the effect of a prior stipulation regarding benefit payment. The claim for the specific 1995 injury was correctly deemed untimely.

Workers' Compensation Appeals BoardReconsiderationCumulative TraumaSpecific InjuryPermanent DisabilityApportionmentAgreed Medical ExaminerPetition to ReopenGood CauseFive-Year Limitation
References
6
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