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

Case No. ADJ7009305 ADJ6622776
Regular
Oct 01, 2010

PENNY MUNIAN vs. OAKDALE JOINT UNIFIED SCHOOL DISTRICT

Defendant Oakdale Joint Unified School District petitioned for reconsideration of a July 8, 2010 decision in this workers' compensation case. The Workers' Compensation Appeals Board (WCAB) has granted this petition to allow for further study of the factual and legal issues. This action is necessary for the WCAB to achieve a complete understanding of the record and issue a just decision. All further communications should be directed to the WCAB's Office of the Commissioners.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting PetitionDecision After ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionFurther ProceedingsOffice of the CommissionersSan Francisco
References
Case No. ADJ3719390 (STK 0211178)
Regular

IRIS GOMEZ vs. DOROTHY STEVENS, CSAA INTER INSURANCE BUREAU, TRISTAR RISK MANAGEMENT

The Petition for Reconsideration is denied based on the review of the record and the WCJ's report.

Petition for ReconsiderationWorkers' Compensation Appeals BoardWCJ reportdeny reconsiderationADJ3719390STK 0211178ApplicantDefendantsCSAA INTER INSURANCE BUREAUTRISTAR RISK MANAGEMENT
References
Case No. ADJ3670273 (STK 0188965)
Regular
Dec 27, 2013

ROBERT CRANE vs. SMT RESOURCE/GRANITE STATE INSURANCE COMPANY, as administered by CHARTIS CLAIMS, INC.

This case involves a request for supplemental attorney's fees for services rendered in appealing a workers' compensation decision. The Court of Appeal previously remanded the case to the Workers' Compensation Appeals Board (WCAB) to determine reasonable fees for the applicant's attorney. The applicant's attorney requested $7,652.00 for 19.13 hours of work at $400 per hour. The WCAB found this amount reasonable and awarded it to the applicant's attorneys, Rockwell, Kelly & Duarte, LLP.

Workers' Compensation Appeals BoardPetition for Writ of ReviewCourt of AppealSupplemental Attorney's FeeLabor Code § 5801Appellate ServicesReasonable Attorney FeesPetition for Writ of ReviewTime SpentHourly Rate
References
Case No. ADJ4535281 STK 0206039
Regular
Oct 22, 2014

TONI MATTICE vs. NAMM CALIFORNIA-AVETA HEALTH, ZURICH INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted a petition for reconsideration filed by the defendant regarding a prior decision. This action was taken due to statutory time constraints and an initial review indicating the need for further study of the factual and legal issues. The WCAB seeks to achieve a complete understanding of the record for a just decision. All future filings in this case must be submitted in writing to the Office of the Commissioners.

Petition for ReconsiderationWorkers' Compensation Appeals BoardNAMM California-Aveta HealthZurich Insurance CompanyAugust 12014Statutory time constraintsFactual and legal issuesJust and reasoned decisionElectronic Adjudication Management System
References
Case No. ADJ2233663
Regular
Feb 15, 2011

MULJI PATEL vs. BOEING NORTH AMERICAN (Formerly ROCKWELL INTERNATIONAL), AIG CLAIMS SERVICES

The Workers' Compensation Appeals Board (WCAB) denied Mulji Patel's petition for removal. The WCAB found that the petition was procedurally deficient as it lacked proof of service and failed to demonstrate substantial prejudice or irreparable harm. Additionally, the WCAB determined that applicant's incarceration prevented him from pursuing reimbursement for self-procured medical treatment, and no order existed compelling defendant to pay the disputed lien. Finally, the disqualification of defendant's counsel was deemed premature and unsupported by applicable law under these circumstances.

Petition for RemovalSelf-Procured Medical TreatmentLien ClaimIncarcerationDisqualification of CounselBurden of ProofMedical Legal CostsReserved JurisdictionPetition for Writ of MandateAdverse Parties
References
Case No. ADJ9474687
Regular
Jun 14, 2019

GUSTAVO NIEVES UGALDE vs. ROCKWELL DRYWALL, INC., STARR INDEMNITY, adjusted by YORK RISK MANAGEMENT GROUP

The Workers' Compensation Appeals Board (WCAB) rescinded the prior award and remanded the case for further proceedings, finding the applicant's psychiatric injury was a consequence of his physical injury, not directly from a violent act. The Board determined the applicant's fall from stilts, while accepted as industrial, did not meet the legal definition of a "violent act" required for an increased psychiatric impairment rating under Labor Code § 4660.1(c)(2)(A). Therefore, the case must be returned to allow the WCJ to first determine if the injury qualifies as "catastrophic" under § 4660.1(c)(2)(B) for potential increased psychiatric rating. The WCAB acknowledged the applicant's credible testimony regarding the use of stilts and the psychiatric QME's opinion on causation but found the issue of a "violent act" was not sufficiently established.

AOE/COEViolent ActCompensable ConsequencePsychiatric InjuryPermanent DisabilityReconsiderationFindings and AwardMedical EvaluatorVocational ExpertLabor Code Section 4660.1
References
Case No. ADJ3824814 (AGO 0012776), ADJ2299798 (VNO 0327881)
Regular
Mar 06, 2012

PHILIP DAVIS vs. ROCKWELL INTERNATIONAL, now THE BOEING COMPANY, permissibly self-insured, adjusted by SEDGWICK CMS

The Appeals Board granted reconsideration and amended the award to include "Viagra" as a stipulated injured body part, based on the parties' prior agreement. The Board affirmed the denial of reimbursement for home care services from January 5, 1995, to November 22, 2000, as this issue was not clearly withdrawn from litigation. Furthermore, the Board upheld the denial of 24/7 home health care services from July 2, 2002, onward, as medical evaluations did not support such a need for orthopedic or pulmonary conditions. Finally, the applicant was admonished for exceeding the page limit for their reconsideration petition.

Viagranuclear waste workerhome care assistancepulmonary agreed medical examinerAMECompromise and ReleasestipulationsWorkers' Compensation Appeals BoardWCJFindings of Fact
References
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