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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. 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. 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. ADJ8307394
Regular
Nov 16, 2015

ROSALIO ESPARZA-SALAS vs. INTERAMERICAN MOTOR CORPORATION, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

This case involves an applicant appealing a decision awarding a lien for the Employment Development Department (EDD). The applicant argued EDD failed to prove its lien was duplicative of permanent disability benefits. The Appeals Board granted reconsideration to further examine the issue. The Board affirmed the original award but deferred the EDD lien, remanding the case for further proceedings to develop evidence on proper notice and potential duplicate payments.

ROSALIO ESPARZA-SALASINTERAMERICAN MOTOR CORPORATIONTRAVELERS PROPERTY CASUALTY COMPANY OF AMERICAADJ8307394OPINION AND DECISION AFTER RECONSIDERATIONEmployment Development Department (EDD)lienpermanent disability awardduplicative benefitsMedical Provider Network
References
3
Case No. ADJ8130208
Regular
Jul 21, 2014

GENEVA AGUILAR vs. STAR AUTO PARTS, EMPLOYERS COMPENSATION INSURANCE COMPANY

This case involves a defendant's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision ordering it to pay the Employment Development Department's (EDD) lien. The defendant argued that the applicant declined an offer of modified work, thus discharging their obligation to pay benefits. However, the WCAB denied the petition, finding that the employer failed to prove a concrete offer of modified work was made and refused by the applicant. The WCAB also remanded the case for further proceedings regarding other outstanding liens.

WCABFindings and AwardPetition for ReconsiderationlienEmployment Development Department (EDD)permanent disabilitytemporary disabilitymodified workwork restrictionsprimary treating physician
References
2
Case No. ADJ4114324 (VNO 0513026), ADJ4070161 (VNO 0521347)
Regular
Jul 18, 2011

JESUS CARDOSO vs. VARGAS FURNITURE MANUFACTURE, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration to address the Employment Development Department's (EDD) petition regarding an attorney's fee deduction from its lien. The Board rescinded the prior award, finding that EDD did not waive its right to recover its lien in full, as it had not been properly served with the original decision. Furthermore, the Board clarified that EDD's lien recovery should be limited to the applicant's temporary disability indemnity rate, not its own higher payment rate. The Board also corrected several errors, including applicant's name, employer's insurance status, and the temporary disability rate calculation.

ReconsiderationAmended Joint Findings and AwardLien ClaimantEmployment Development Department (EDD)Workers' Compensation Administrative Law Judge (WCJ)Industrial InjuryLumbar SpinePsycheTemporary Disability IndemnityAttorney Fee
References
13
Case No. ADJ2902670 (VNO 0344530)
Regular
Sep 16, 2016

IRMA LARIOS vs. AREA TRADE BINDERY, GALLAGHER BASSETT

The Workers' Compensation Appeals Board granted reconsideration to address the lien claim of the Employment Development Department (EDD). The original award failed to account for EDD's lien for state disability benefits paid to the applicant. The Board found that the defendant is obligated to withhold EDD's lien amount from temporary disability payments once notified. Therefore, the case was returned to the trial level for recalculation of temporary disability benefits, including proper credit for the EDD's lien.

Lien claimantPetition for ReconsiderationFindings and AwardEmployment Development Department (EDD)Temporary disability benefitsIndustrial injuryCervical spineHypertensive heart diseaseGastrointestinalPsyche
References
3
Case No. MISSING
Regular Panel Decision
May 06, 2005

Claim of Fiero v. New York City Department of Housing Preservation & Development

Claimant's decedent, an employee of the New York City Department of Housing Preservation and Development, was struck by a truck and died 16 days later after parking his car across the street from his office. Due to a heart condition, his employer had arranged for him to park in this lot. A Workers’ Compensation Law Judge initially established the case for accident, notice, and causal relationship, awarding benefits. However, the Workers’ Compensation Board reversed, finding the accident did not arise out of and in the course of employment. The appellate court affirmed the Board's decision, concluding there was no special hazard at the off-premises location and the route was not controlled or endorsed by the employer, thus the accident was not a work-related hazard.

Workers CompensationScope of EmploymentGoing and Coming RuleSpecial Hazard ExceptionPublic Highway AccidentOff-Premises InjuryCausal RelationshipDeath BenefitsAppellate ReviewEmployer Liability
References
7
Case No. SJO 0254875
Regular
Jun 03, 2008

KIMBERLEY A. TURNER vs. BLOSSOM RIDGE MEDICAL GROUP, PREFERRED EMPLOYERS INSURANCE GROUP

This case involves an employer's petition for reconsideration of an award of additional temporary disability benefits (TDI) for an applicant's low back injury. The Appeals Board granted reconsideration to modify the award, requiring withholding of funds to satisfy a potential Employment Development Department (EDD) lien for overlapping state disability indemnity benefits. The Board affirmed the underlying award of TDI, ruling the employer was liable for 104 weeks of benefits from the date TDI first commenced.

Petition for ReconsiderationTemporary Total DisabilityOrder Terminating Temporary DisabilityPetition to ReopenEmployment Development DepartmentState Disability IndemnityNewly Discovered EvidencePetition for Reconsideration SubstituteBenefit PrintoutHawkins v. Amberwood Products
References
2
Case No. ADJ8753985; ADJ8753959
Regular
Dec 02, 2015

BOB BORBECK vs. ACE BUILDING MAINTENANCE, ZURICH NORTH AMERICA

This case concerns a dispute over a workers' compensation lien filed by the Employment Development Department (EDD). The defendant, Ace Building Maintenance, settled a workers' compensation claim via Compromise and Release (C&R) with the applicant, Bob Borbeck, while aware of EDD's lien for unemployment benefits that duplicated temporary disability payments. The defendant argues they provided sufficient notice to EDD regarding benefit payments and should not be liable for the lien. However, the Board denied the defendant's petition for reconsideration, finding them liable for EDD's lien because they settled the case without resolving it, thus agreeing to pay any subsequently determined amount.

Workers' Compensation Appeals BoardPetition for ReconsiderationJoint Findings and OrderCompromise and ReleaseEDD LienUnemployment Compensation BenefitsTemporary Disability BenefitsLabor Code Section 4904Notice of Lien ClaimDuplicate Benefits
References
3
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