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

Case No. ADJ7673518, ADJ7647749
Regular
Jan 23, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION / CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant sustained industrial injury to her neck. While the applicant testified to injuring her neck in a workplace incident and this was partially corroborated, the Board found insufficient evidence for other claimed injuries. The Board specifically disagreed with the administrative law judge's credibility assessment concerning the neck injury itself, relying on medical reports and testimony supporting the neck injury claim. The Board affirmed the denial of claims for all other alleged injuries, finding insufficient medical evidence to link them to the incident.

Petition for ReconsiderationFindings and OrderIndustrial InjuryNeck InjuryBack InjurySpine InjuryUpper ExtremitiesPsycheGastroesophageal SystemInternal System
References
Case No. ADJ896199
Regular
Apr 30, 2010

CHRISTOPHER SAN JOSE vs. STAGE TECH, STATE COMPENSATION INSURANCE FUND

This case concerns a dispute over the applicant's temporary disability indemnity rate, which was initially based solely on Social Security earnings. The Appeals Board granted reconsideration, finding the WCJ erred by not considering the applicant's actual post-injury earnings in a modified position. The Board cited case law establishing that post-injury earnings can be considered to fairly determine an injured worker's earning capacity. Consequently, the applicant's weekly earnings were determined to be $450, resulting in a higher temporary disability indemnity rate.

ReconsiderationTemporary Disability Indemnity RateEarning CapacitySocial Security RecordsModified DutyOffer of ProofAbandoned His JobPre-injury EarningsPost-injury EarningsEarning Capacity Determination
References
Case No. ADJ7432904
Regular
Sep 24, 2012

NEDA MOTAVAKEL vs. FANTASTIC SAM'S, TOWER SELECT INSURANCE CO., ILLINOIS MIDWEST INSURANCE AGENCY, LLP, STAR INSURANCE CO., ILLINOIS MIDWEST INSURANCE AGENCY, LLP, ENDURANCE WORKERS' COMPENSATION, SOUTHERN INSURANCE CO., FIRSTCOMP OMAHA

This case involves an appeal by Star and Tower Insurance Companies regarding a workers' compensation award. The primary issue is the applicant's average weekly earnings, specifically the inclusion of tip income, which was not adequately substantiated by documentary evidence. The Appeals Board found the initial decision lacked substantial evidence regarding earnings and rescinded the award. The matter is remanded for further proceedings to properly develop the evidentiary record on earnings and insurance coverage dates before a new decision is issued.

Workers' Compensation Appeals BoardNeda MotavakelFantastic Sam'sTower Select Insurance CompanyStar Insurance CompanyIllinois Midwest Insurance AgencyLLEndurance Workers' CompensationSouthern Insurance CompanyFirstComp Omaha
References
Case No. ADJ10582846
Regular
Sep 17, 2018

MANFREDO NAVARRO CARDONA vs. IRAMTAC CORP., doing business as 4D DEVELOPMENT & INVESTMENT, EMPLOYERS PREFERRED INSURANCE COMPANY

This case involves a defendant's petition for reconsideration of a Workers' Compensation Appeals Board decision that awarded temporary total disability benefits. The defendant argued that the stipulated weekly earnings of $900 were a mutual mistake and should be $535.50 based on wage statements. However, the Appeals Board denied the petition, finding that the defendant failed to prove mutual mistake or good cause to set aside the stipulation. The Board concluded the mistake, if any, was unilateral and caused by the defendant's neglect.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardStipulated EarningsMutual MistakeAverage Weekly EarningsTemporary Total DisabilityUnilateral MistakeGood CauseRescind Stipulation
References
Case No. OAK 0255947
Regular
Jun 02, 2008

VALENTINO MUMFORD vs. HUGHES ENTERPRISES, INC., REPUBLIC INDEMNITY COMPANY

The Appeals Board granted reconsideration to address disputes over the applicant's average weekly earnings and the Board's jurisdiction to re-evaluate prior stipulations on earnings. The WCAB has deferred the issue of average weekly earnings and permanent disability indemnity rate, remanding the case to the trial level to determine if good cause exists to set aside prior stipulations on these matters. The Board clarified that earnings capacity for temporary and permanent disability awards may differ, and if stipulations are set aside, new findings must be supported by substantial evidence.

Labor Code section 5803ReopenAverage weekly earningsPermanent disabilityTemporary disabilityStipulation with Request for AwardPetition to ReopenNew and Further DisabilityGood CauseNicky Blair's Restaurant v. Workers' Comp. Appeals Bd. (Macias)
References
Case No. ADJ4216095 (BAK 0149327)
Regular
Oct 25, 2010

ALICIA NUNEZ ARREOLA vs. SUNTREAT PACKING, STATE COMPENSATION INSURANCE FUND

This case concerns a seasonal worker who sustained an industrial injury to her right shoulder and cervical spine. The defendant sought reconsideration of the permanent disability rate awarded by the WCJ, arguing it was miscalculated for a seasonal employee. The Appeals Board granted reconsideration, finding the WCJ erred in calculating the rate by focusing solely on in-season earnings. The Board amended the award, establishing the permanent disability rate based on the applicant's actual annual earnings, which resulted in a lower rate than initially awarded.

WCABPetition for ReconsiderationFindings and AwardSeasonal workerTemporary disabilityPermanent disabilityStipulationLabor Code section 4453(c)(4)Earning capacityMontana
References
Case No. ADJ7582791
Regular
Jul 30, 2018

DAVID DANLEY vs. WALMART ASSOCIATES, INC., ACE AMERICAN INSURANCE COMPANY

Here's a summary of the case for a lawyer, in four sentences: The applicant, David Danley, who sustained a 100% permanent and total disability, sought to increase his permanent disability indemnity rate beyond the stipulated $410.00 weekly. He argued his recently completed Ph.D. demonstrated an increased earning capacity pursuant to Labor Code § 4453(c)(4), which should be considered despite lower actual earnings at the time of injury. The Workers' Compensation Appeals Board denied reconsideration, agreeing with the WCJ that the applicant failed to provide specific, demonstrable evidence of a concrete job that would have yielded higher earnings. The Board concluded that potential future earnings based on education are too speculative unless supported by specific employment opportunities.

Labor Code section 4453(c)(4)permanent and total disabilityearning capacitypermanent disability paymentaverage weekly earningsstatutory ratesvocational consulting servicesstipulationsreopened recorddissenting opinion
References
Case No. ADJ4318563 (SAL 0103841)
Regular
Nov 03, 2010

SANDRA PETERSON vs. SANTA CRUZ CITY SCHOOLS; Permissibly Self-Insured, Administered By EMPLOYERS SLEF INSURANCE SERVICES

This case involves an applicant who sustained industrial injuries as a teacher and later earned a significantly higher salary at a different school district. The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The Board affirmed the administrative law judge's decision to base temporary disability indemnity on the applicant's higher post-injury earnings. This was justified because her subsequent earnings provided concrete evidence of her earning capacity.

Workers' Compensation Appeals BoardIndustrial InjuryTemporary Total Disability IndemnityTDI Rate CalculationPost-Injury EarningsEarning CapacityWCJ FindingsPetition for ReconsiderationSanta Cruz City SchoolsCampbell School District
References
Case No. ADJ2241828
Regular
Dec 05, 2008

LISA MANZO vs. WHITE MEMORIAL MEDICAL CENTER

The Workers' Compensation Appeals Board dismissed the employer's petition for reconsideration as it was not a final order but granted removal to rescind the WCJ's disapproval of the Stipulations. The Board found the Stipulations might be adequate despite the WCJ's concerns and ordered the matter returned to the trial level with missing documents to be filed. The employer must provide Dr. Knight's December 2006 report, its investigator's report, and the proposed Stipulations for a new decision on their adequacy.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalStipulations with Request for AwardWCJ disapprovalinadequate Stipulationsunsigned Stipulationsindustrial injuryright wristright elbow
References
Case No. ADJ8517780
Regular
Jun 03, 2013

DEANNA ROBBINS vs. SUSANVILLE ELEMENTARY SCHOOL DISTRICT

The Workers' Compensation Appeals Board denied the defendant school district's petition for reconsideration. The district challenged the calculation of the applicant's average weekly earnings, arguing her probationary status should reduce the figure. However, the Board affirmed the administrative law judge's finding, determining that the applicant's earnings capacity was properly calculated based on her actual earnings from multiple employers prior to the injury. The Board emphasized that earning capacity is a dynamic assessment, not limited to the applicant's immediate employment status.

Workers' Compensation Appeals BoardSusanville Elementary School DistrictDeanna RobbinsPetition for ReconsiderationFindings and Awardcumulative injuryupper extremitiesaverage weekly earningsearning capacityLabor Code section 4453(c)(4)
References
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