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

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 The Appeals Board found the initial decision lacked substantial evidence regarding earnings and rescinded the award.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. ADJ7442025
Regular
May 16, 2012

LENNIE WIDEN vs. IN HOME SUPPORTIVE SERVICES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The Board adopted the WCJ's report, finding that the applicant sustained a specific left shoulder injury in February 2009 based on her credible testimony and medical evidence. The Board affirmed the WCJ's credibility findings and also admonished defense counsel for failing to cite the record properly. The defendant's arguments regarding medical determinations, credibility, post-termination issues, and laches were rejected.

In Home Supportive ServicesState Compensation Insurance FundPetition for ReconsiderationWCJGarza v. Workers' Comp. Appeals Bd.WCAB Rule 10842(b)home care providerleft shoulder injuryFebruary 2009credibility determination
References
Case No. ADJ2053200 (SFO 0448615)
Regular
Oct 04, 2010

ALLAN LAU vs. MARRIOTT INTERNATIONAL RITZ-CARLTON SAN FRANCISCO

The Appeals Board reversed the WCJ's decision, finding that the applicant's condition became permanent and stationary (P&S) on February 17, 2009, as reported by Dr. Tse. Despite recommendations for further conservative treatment and the applicant's eventual decision to undergo knee replacement surgery, the Board found no medical evidence of temporary disability after February 17, 2009. They concluded the WCJ erred in awarding temporary disability between February 17, 2009, and October 6, 2009, and again from November 30, 2009, granting the defendant's petition to terminate temporary disability as of February 17, 2009.

Permanent and Stationary (P&S)Temporary Total Disability (TTD)ReconsiderationFindings and OrderPetition to Terminate LiabilityMedical EvidenceViscosupplementationKnee Replacement SurgeryIndustrial InjuryTreating Physician
References
Case No. ADJ6796410
Regular
Jan 10, 2011

GREG BOATMAN vs. CITY OF LOS ANGELES, TRISTAR

This case involves a firefighter seeking reconsideration of a denial of temporary disability benefits. The applicant underwent knee surgery on February 10, 2009, and testified about his recovery and need for light duty. Despite no explicit medical opinion stating temporary disability, the Appeals Board found a reasonable inference of temporary disability from February 10, 2009, to March 6, 2009, based on the surgery's nature and the applicant's reliance on his wife for assistance. The Board rescinded the original award and returned the matter for further proceedings, including determination of temporary disability and potential Labor Code Section 4850 benefits.

Workers' Compensation Appeals BoardReconsiderationTemporary DisabilityFirefighterOperative ReportOrthopedistAgreed Medical EvaluatorPartial Medial MeniscectomyChondroplastyMedial Femoral Condyle
References
Case No. ADJ3434673 (SRO 0141791)
Regular
Feb 11, 2010

DAVID KALLABY vs. NAPA VALLEY COMMUNITY COLLEGE DISTRICT, PSI, Administered By KEENAN & ASSOCIATES

The Workers' Compensation Appeals Board (WCAB) dismissed David Kallaby's petition for reconsideration as untimely. The petition was filed on January 11, 2010, which was over 25 days after the Workers' Compensation Judge's (WCJ) decision was served on November 10, 2009. California law strictly enforces the 20-day filing deadline for reconsideration petitions, with a limited extension for mailing. This jurisdictional deadline means the WCAB lacks the power to grant untimely petitions. Therefore, the WCAB dismissed the petition, noting that even if timely, it would have been denied on the merits based on the WCJ's report.

WORKERS' COMPENSATION APPEALS BOARDDAVID KALLABYNAPA VALLEY COMMUNITY COLLEGE DISTRICTPSIKEENAN & ASSOCIATESADJ3434673SRO 0141791OPINION AND ORDER DISMISSING RECONSIDERATIONLabor Code section 5903petition for reconsideration
References
Case No. ADJ2366705 (GOL 0098120)
Regular
Dec 20, 2009

MARY GARCIA vs. COUNTY OF SANTA BARBARA, INNOVATIVE FRIEND SOLUTIONS

This case involved a workers' compensation claim where the applicant sustained an admitted industrial injury to her right elbow. The defendant sought reconsideration of an administrative law judge's (WCJ) award of temporary disability benefits. The WCJ acknowledged an error in the end date of the temporary total disability period, correcting it from February 9, 2009, to February 2, 2009. The Appeals Board granted reconsideration to amend this date, but otherwise affirmed the WCJ's original findings and award.

Workers' Compensation Appeals BoardTemporary Total DisabilityTemporary Partial DisabilityReconsiderationQualified Medical EvaluatorPrimary Treating PhysicianIndustrial InjuryJuvenile Institutions OfficerModified WorkFindings and Award
References
Case No. ADJ3395089 (STK 0177203)
Regular
Mar 20, 2009

ROBERT MILLER vs. CAROL-CARTER DESIGN & CONSTRUCTION, STATE COMPENSATION INSURANCE FUND

This case concerns a monetary sanction proposed against attorney Michael Linn by the Workers' Compensation Appeals Board (WCAB). Linn objected to the sanction, claiming he was denied due process due to a discrepancy in the service date of the WCAB's Notice of Intention. While the Notice stated a February 13, 2009 service date, Linn's evidence indicated actual service on February 17, 2009. Despite this, the WCAB acknowledges the discrepancy but notes Linn's objection was timely based on the actual service date. Consequently, the WCAB grants Linn an additional five days to file further objections.

Workers' Compensation Appeals BoardMonetary SanctionsMichael LinnEsq.Notice of IntentionGood CauseDue ProcessRequisite NoticeObjectionsTimely Response
References
Case No. ADJ3992647
Regular
Feb 17, 2009

ANTO'NIO VELASCO vs. AFC TRADING AND WHOLESALE, INC., ZENITH INSURANCE CO.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded the prior decision of the workers' compensation administrative law judge (WCJ). The WCAB adopted the WCJ's report and returned the case for further proceedings and a new decision at the trial level. This action is not a final determination on the merits of the case. Parties retain the right to seek reconsideration of the WCJ's subsequent decision.

WORKERS' COMPENSATION APPEALS BOARDPetition for Reconsiderationadministrative law judgegrant reconsiderationrescind decisionfurther proceedingsdecision after reconsiderationtrial levelDecember 30 2008February 17 2009
References
Case No. ADJ6938516 (LBO)
Regular
Jul 16, 2010

Robert Enciso vs. SANTA CLARITA CONCRETE, LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration to correct the date of injury in Robert Enciso's case from February 1, 2009, to January 16, 2009. While Enciso claimed injury to other body parts and sought further benefits, the Board affirmed the original findings that the injury was solely to his left index finger and resulted in no permanent disability or need for further medical treatment. This decision was based on stipulations made by Enciso's former attorney and supported by the medical opinion of Dr. Hakimian. The Board also found that the employer provided proper notice regarding the Medical Provider Network.

Petition for ReconsiderationFindings and OrderDate of InjuryPermanent DisabilityTemporary DisabilityMedical TreatmentStipulationsAverage Weekly EarningsMedical TreatmentMPN
References
Case No. ADJ332528
Regular
Jan 28, 2011

ERNEST DANIELS vs. PIEDMONT ENGINEERS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to correct a mutual error in the stipulated dates for the applicant's second period of temporary disability. The applicant and defendant agreed to amend the award to reflect the correct dates: February 15, 2006, to February 11, 2009. However, the Board also issued a notice of intention to impose sanctions of $250 against the defendant's insurer and attorney for multiple procedural violations, including improper document attachments and failure to properly serve documents. The corrected award now reflects the agreed-upon dates for temporary disability and permanent disability, along with other stipulations.

Workers' Compensation Appeals BoardReconsiderationStipulationsTemporary DisabilityPermanent DisabilitySanctionsLabor Code Section 5813Rules of Practice and ProcedureProof of ServiceCase Number
References
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