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

Case No. MISSING
Regular Panel Decision

Claim of Tucci v. Kimball

Claimant, a nursery school teacher, sustained a work-related lower back injury in December 1974, leading to permanent partial disability and workers’ compensation benefits. Following a second laminectomy in 1993, she developed worsening urinary incontinence. The Workers’ Compensation Board affirmed a finding that claimant was totally disabled due to this condition, deeming it a consequence of her original work-related injury. The employer and its workers’ compensation carrier appealed. The appellate court affirmed the Board’s decision, noting that while conflicting medical opinions existed, the neurologist’s testimony provided substantial evidence to support the finding of total disability stemming from the 1974 injury.

work-related injurylower back injuryurinary incontinencepermanent partial disabilitytotal disabilitylaminectomymedical opinionsneurologist testimonysubstantial evidenceWorkers' Compensation Board
References
1
Case No. ADJ367916 (SFO 0438710)
Regular
Jan 04, 2017

KARAN SINGH vs. UNITED PRODUCTS, INC, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, SEDGWICK, CMS, FREMONT INDEMNITY COMPANY

In this workers' compensation case, the Appeals Board granted reconsideration of a judge's award of 100% permanent total disability for applicant Karan Singh. The defendant argued the judge improperly relied on a Qualified Medical Evaluator's report and that the evidence did not support industrial causation for incontinence. The Board rescinded the original decision because the trial exhibits were not properly identified, making meaningful review impossible. The case was returned to the trial level for further proceedings to establish a proper record and issue a new decision.

California Insurance Guarantee AssociationFremont Indemnity CompanyliquidationPetition for ReconsiderationFindings and AwardPermanent Total DisabilityQualified Medical EvaluatorDr. Steven Feinbergindustrial causationfecal incontinence
References
3
Case No. ADJ9225207
Regular
Dec 07, 2018

Javier Lopez vs. Sturtevant Farms, State Compensation Insurance Fund

This case concerns Javier Lopez's claim for 100% permanent disability due to a June 7, 2013 injury to his corticospinal tract, resulting in incontinence and leg pain. The defendant, Sturtevant Farms, sought reconsideration, arguing prior permanent disability awards should be deducted, earnings were misrepresented, the date of birth was incorrect, and attorney fees were improperly awarded. The Workers' Compensation Appeals Board denied the petition, upholding the judge's findings based on the lack of established overlap between prior and current disabilities and sufficient evidence for earnings and date of birth. The Board also noted the defendant lacked standing to challenge attorney fees.

ADJ9225207Permanent DisabilityApportionmentLabor Code section 4664(c)(1)Labor Code section 4663Labor Code section 4664(b)corticospinal tract injurybowel and bladder incontinencecompensable consequence psyche injuryaverage weekly earnings
References
3
Case No. ADJ2697898
Regular
Mar 06, 2013

ROBERT WALKER vs. SISKIYOU FOREST PRODUCTS, STATE COMPENSATION INSURANCE FUND, THE SUBSEQUENT INJURIES BENEFIT TRUST FUND

This case involves a Subsequent Injuries Benefit Trust Fund (SIBTF) claim where the applicant sustained industrial injuries to his left knee and right ankle, resulting in incontinence. The Board affirmed the finding of 41% permanent disability for the subsequent injury, finding the applicant eligible for SIBTF benefits under Labor Code § 4751(a) due to corresponding prior and subsequent injuries to opposite limbs. The Board amended the award to specify that the attorney's fee of 15% is calculated on the SIBTF weekly payments, not commuted as a lump sum upfront, to comply with statutory prohibitions. The Court also addressed apportionment, pre-existing disability, and the unreliability of stipulated percentages when SIBTF was not a party.

Subsequent Injuries Benefit Trust FundPermanent DisabilityApportionmentLabor Code Section 4751Industrial InjuryPre-existing DisabilityLabor-DisablingOpposite and Corresponding MemberCommutation of BenefitsVocational Expert
References
3
Case No. ADJ1784264 (MON 0302991)
Regular
Nov 21, 2016

GIRGIS FAM vs. UCLA MEDICAL CENTER

The Workers' Compensation Appeals Board granted reconsideration of a prior award, partially overturning the original decision. The Board found that the applicant did not sustain an industrial injury to his bilateral legs as initially determined. However, the Board affirmed the finding of total permanent disability due to diminished earning capacity and inability to compete in the open labor market, attributing it to lumbar spine and urinary incontinence injuries with full duplication. The Board also modified the temporary disability period and established a new permanent and stationary date of September 17, 2004, returning certain issues like attorney fees and home healthcare costs to the trial level for further determination.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact and Awardindustrial injurybilateral legscustodial supervisorurinary incontinencetotally and permanently disableddiminished future earning capacityapportionment
References
3
Case No. ADJ4118575 (MON 0342974)
Regular
May 26, 2010

MANUEL ORTIZ vs. TOWER INDUSTRIES, INC., SCIF INSURED INLAND EMPIRE

This case involves an applicant who sustained severe injuries in a riding accident, including multiple pelvic fractures and urological damage, requiring extensive surgeries. The applicant was awarded 100% permanent disability due to his constant pain, limited mobility, and functional impairments, including urinary incontinence and erectile dysfunction. The defendant appealed, arguing the 100% disability rating was not justified and disputing the findings of sleep disorder and erectile dysfunction. The Workers' Compensation Appeals Board affirmed the applicant's 100% permanent disability, finding the evidence supported total permanent disability based on the facts of his severe injury and ongoing functional limitations. The Board denied the defendant's petitions for reconsideration.

Workers' Compensation Appeals BoardPermanent Total DisabilityPetitions for ReconsiderationFindings and AwardAgreed Medical ExaminersLabor Code Section 4662Pelvis InjuryLower Extremity InjuryUrethra InjuryPsyche Injury
References
1
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