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

Case No. MON 0212034
Regular
Mar 14, 2008

KRISTIAN VON RITZHOFF vs. OGDEN ENTERTAINMENT SERVICES

The Workers' Compensation Appeals Board (WCAB) vacated its prior order granting reconsideration and dismissed the applicant's petition, deeming it an improper reconsideration of a non-final order. The WCAB construed the applicant's request as a petition for removal, which it denied, upholding the WCJ's discretion to prohibit videotaping of proceedings. The decision emphasizes that a party's right to videotape hearings is within the WCJ's sound discretion and not a guaranteed right.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalRequest for Judicial NoticeVideotape ProceedingsWCJ DiscretionFinal OrderSubstantial PrejudiceIrreparable HarmVacating Order
References
Case No. ADJ9910760
Regular
Nov 20, 2018

RAFAEL GUZMAN RODRIGUEZ vs. WASTE MANAGEMENT COLLECTION AND RECYCLING, ACE AMERICAN INSURANCE

The Workers' Compensation Appeals Board (WCAB) denied the defendant's petition for reconsideration. The WCAB affirmed its prior decision allowing the applicant to audio record a qualified medical evaluation with Dr. Dizay. The Board exercised its broad discretion to guide discovery, amending the initial administrative law judge's order which had prohibited recording. This decision aligns with the WCAB's authority to review and modify WCJ decisions based on the existing record and judicial discretion.

Petition for ReconsiderationAudio RecordingQualified Medical EvaluatorPanel QMEWCAB DiscretionLabor Code Section 5708Code of Civil ProcedureWCJ DecisionReconsideration ProceedingsJudicial Discretion
References
Case No. ADJ9211017
Regular
Mar 28, 2017

JOSE MENDOZA vs. KINGSLEY COMPANIES; SAMSUNG FIRE AND MARINE c/o BROADSPIRE

The Workers' Compensation Appeals Board (WCAB) denied the defendant's petition for reconsideration regarding the denial of a credit for benefits paid. The WCAB found that the administrative law judge's decision not to grant the credit was within their discretion and not an abuse of discretion, considering the lack of wrongdoing by the applicant. The applicant's petition for reconsideration was dismissed as skeletal and unsupported by specific references to the record and legal principles, as required by statute and board rules. Therefore, the WCAB upheld the original denial of the credit and dismissed the applicant's petition.

WCABPetition for ReconsiderationDenying PetitionDismissing PetitionLabor Code section 4909CreditDiscretionary AuthorityEquitable PrinciplesSkeletal PetitionAppeals Board Rules
References
Case No. ADJ962557 (LBO 0527074)
Regular
Feb 28, 2012

GUILLERMINA OCHOA vs. INTERCONTINENTAL ART, INC., STATE COMPENSATION INSURANCE FUND

In this workers' compensation case, the Appeals Board rescinded a WCJ's decision allowing the defendant to offset $24,078.74 in TD and PD overpayments against future medical expenses. The Board found that allowing such a credit would undermine the purpose of providing necessary medical treatment and noted the defendant's significant delay in pursuing restitution. The Board's decision emphasizes that credit against future medical treatment is not strongly favored and is subject to equitable considerations and the discretion of the Board.

Workers' Compensation Appeals BoardPetition for ReconsiderationTemporary DisabilityPermanent DisabilityOverpaymentCreditFuture Medical TreatmentRes JudicataEquitableLabor Code Section 4909
References
Case No. VNO 545629
Regular
Apr 10, 2008

FREDERICK HALLER vs. CITY OF RIVERSIDE POLICE DEPARTMENT, CITY OF RIVERSIDE WORKERS' COMPENSATION OFFICE

The Workers' Compensation Appeals Board denied reconsideration of a decision that established a reasonable attorney fee rate of $225 per hour. The applicant's counsel sought a higher rate, arguing that deposition fees were discretionary and citing internal guidelines from other district offices. The Board found the $225 rate reasonable based on local standards and the WCJ's discretion under Labor Code Section 5710.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ discretiondeposition feesreasonable rateattorney feesabuse of discretionLabor Code Section 5710removalRiverside
References
Case No. ADJ2154550 (MON 0115928)
Regular
Oct 14, 2008

JAMES PERRY vs. ALCO PACIFIC, AIG DOMESTIC CLAIMS, INC. for AMERICAN HOME ASSURANCE

The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior order disallowing lien claims, and remanded the case for further proceedings. The Board found that Labor Code section 4903.5(a) was not applicable as the liens were filed prior to its enactment, and the defendant failed to establish the equitable defense of laches. The original compromise and release agreement also explicitly stated that all liens would be adjusted outside of the settlement.

Labor Code section 4903.5(a)lien claimantsreconsiderationcompromise and releaselachesprejudicejurisdictionstatutory applicationequitable doctrinerescinded order
References
Case No. ADJ4617702 (GOL 0098783) ADJ1170523 (GOL 0100196)
Regular
Mar 24, 2015

EVE JOHNSON vs. CALIFORNIA DEPARTMENT OF SOCIAL SERVICES

The Appeals Board granted the Defendant's Petition for Removal and Disqualification of the Workers' Compensation Judge (WCJ). The WCJ abused his discretion by sua sponte initiating sanctions against the Defendant and ordering the appearance of their claims adjuster, instead of proceeding to trial on the applicant's representation status. Furthermore, the WCJ's expressed opinions and actions created an appearance of bias, necessitating his disqualification. The case is returned to the trial level for a new hearing on the originally scheduled issues.

Workers Compensation Appeals BoardPetition for RemovalPetition for DisqualificationAdministrative Law JudgeSanctionsMedical-Legal EvaluationLabor CodeRepresented ApplicantUnrepresented ApplicantQME
References
Case No. ADJ3726285 (SRO 0134086) ADJ3984614 (SRO 0134094)
Regular
Aug 24, 2009

GREG FOSS vs. COUNTY OF MENDOCINO

In this workers' compensation case, the defendant sought full credit for $\$8,960.00$ paid in temporary disability beyond the statutory 104-week limit. The Workers' Compensation Appeals Board (WCAB) denied reconsideration, affirming the judge's decision to allow only $\$2,800.00$ in credit. The WCAB held that while estoppel did not apply, it had discretion under Labor Code section 4909 to limit credit due to the defendant's own error in overpaying benefits. Allowing full credit would be inequitable and create hardship for the applicant who received the overpayments without fault.

Workers' Compensation Appeals BoardGREG FOSSCOUNTY OF MENDOCINOG. B. BRAGG & ASSOCIATESINC.ADJ3726285ADJ3984614Denying ReconsiderationCreditTemporary Disability Indemnity
References
Case No. ADJ3637976 (BAK 0135676)
Regular
Jul 17, 2012

ANGEL VILLATORO vs. KERN LABOR CONTRACTING, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for PAULA INSURANCE, in liquidation

The Workers' Compensation Appeals Board affirmed the disallowance of the Center for Orthopedic Surgery's (COS) lien for unpaid medical treatment. COS provided treatment in 2001, received a partial payment from the insurer, Paula Insurance, and later filed a lien claim in 2011. The Board found the lien claim was barred by the statute of limitations under Labor Code Section 4903.5, which dictates specific filing deadlines after injury, service, or case resolution. Arguments for equitable tolling or estoppel were rejected, as COS unreasonably delayed filing its lien for nearly nine years after the insurer's partial payment.

CIGAPaula InsuranceCenter for Orthopedic SurgeryLien claimStatute of limitationsLabor Code § 4903.5Compromise & ReleaseReconsiderationMedical treatment lienEquitable estoppel
References
Case No. ADJ3673133 (VNO 0543877)
Regular
Sep 13, 2013

DAN GOLDFIELD vs. CITY OF WEST COVINA

The Workers' Compensation Appeals Board granted reconsideration and modified a prior award to allow the defendant employer a $30,000 credit for temporary disability indemnity paid to a firefighter during the pendency of his retroactive disability retirement. While the Board agreed with the Administrative Law Judge that the employer was entitled to some credit for the overpayment, they exercised discretion under Labor Code Section 4909 to grant a partial credit, deeming a full credit inequitable. The Board found that the overpayment was made in good faith, but the applicant would suffer hardship if the full amount was credited, given the payments were due when made and the employer delayed in raising the credit issue. Therefore, a compromise credit of $30,000 was awarded instead of the initial $1,505.44 or the employer's requested $69,120.88.

Workers' Compensation Appeals BoardCity of West Covinafirefightertemporary disability indemnityoverpaymentcreditpermanent disabilitydisability retirementLabor Code section 4909substantial medical evidence
References
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