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

Case No. ADJ8008859
Regular
Nov 05, 2020

MADELINE CASACCA vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS and REHABILITATION, CTF SOLEDAD, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration of a prior award. The Board found that the defendant failed to provide substantial evidence for apportionment of applicant's disability, as the QME's opinion lacked sufficient explanation of how non-industrial factors caused the disability. Additionally, the Board determined that the Labor Code section 4658(d)(3)(A) reduction in indemnity was inapplicable because the applicant had already returned to work in her regular position. Commissioner Lowe dissented, arguing that the QME's apportionment of 10% disability to non-industrial factors constituted substantial evidence.

Workers' Compensation Appeals BoardAdjudication NumberFindings and AwardPetition for ReconsiderationInjury AOE/COEPermanent Partial DisabilityLabor Code section 4658(d)(3)(A)Fifteen Percent ReductionOrthopedic Qualified Medical ExaminerApportionment
References
Case No. ADJ 4200496 (GRO 0030688)
Regular
Jan 19, 2010

FRANCISCO MARTINEZ-REYES vs. SOLAMAR FARMS, INC., STATE COMPENSATION INSURANCE FUND

This case concerns the proper method for calculating permanent disability award commutations for a farm laborer with 100% disability sustained on February 10, 2004. The applicant appeals the administrative law judge's decision favoring the Uniformed Reduction (UR) method, arguing the Uniformed Increasing Reduction (UIR) method better accounts for state average weekly wage (SAWW) increases mandated by Labor Code section 4659. The Appeals Board granted reconsideration, rescinded the prior decision, and remanded the case for a new decision. The Board found the UIR method better serves the goal of consistent periodic payments, and the SAWW increase commencement date was not moot.

Workers' Compensation Appeals BoardUniformed Reduction (UR)Uniformed Increasing Reduction (UIR)State Average Weekly Wage (SAWW)Permanent Disability AwardCommutationLabor Code Section 4659Life PensionTotal Permanent DisabilityCost of Living Adjustment (COLA)
References
Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ2894653
Regular
Jan 17, 2012

LENA WILSON vs. PIEDMONT LUMBER AND NURSERY, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration to address the reasonableness of the attorney's fee and its commutation method. The Board found the original fee of $\$ 41,522.43$ was unreasonably low because it did not properly account for the applicant's Cost of Living Allowance (COLA). Consequently, the Board rescinded the prior order and awarded an attorney's fee of $\$ 84,814.30$, to be commuted using the "uniformly increasing reduction method," finding this latter method to be in the applicant's best interest.

Workers Compensation Appeals BoardAttorney's FeeReconsiderationJoint Findings and OrderWorkers' Compensation JudgeUniform Reduction MethodUniformly Increasing Reduction MethodCommutationPermanent Total DisabilityCost of Living Allowance (COLA)
References
Case No. ADJ2234332 (OAK 0325654)
Regular
Apr 25, 2016

WAYNE LA COSSE vs. CARONE & COMPANY, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to address defendant's objections regarding the application of the 1997 Permanent Disability Rating Schedule and the calculation of attorney's fees. The Board affirmed the WCJ's findings on the industrial injury and permanent disability, finding no error in applying the 1997 schedule or the amount of the attorney's fee. However, the Board rescinded the specific award and orders concerning attorney's fees to allow the WCJ to re-determine the method of commutation based on the applicant's best interests, potentially using a Uniformly Increasing Reduction Method. The case is returned to the trial level for further proceedings and a new determination on attorney's fees.

Workers Compensation Appeals BoardFindings and AwardPermanent Disability Rating ScheduleIndustrial InjuryPermanent DisabilityAttorney's FeesCommutationUniform Reduction MethodUniformly Increasing Reduction MethodState Average Weekly Wage
References
Case No. ADJ8128282
Regular
Jan 23, 2014

ANGELA EGBIKUADJE vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, returning the case for further proceedings. The defendant, California Department of Corrections and Rehabilitation, argued that the applicant's psychiatric injury claim was preempted by the ADA and not proven under Labor Code section 3208.3. The Board found the original decision lacked proper analysis regarding predominant industrial causation and the good faith personnel action defense. Therefore, the case was remanded for further development of the record, including expert medical opinion on these issues.

Workers' Compensation Appeals BoardAngela EgbikuadjeCalifornia Department of Corrections and RehabilitationLegally UninsuredState Compensation Insurance FundADJ8128282Van Nuys District OfficeReconsiderationFindings and AwardIndustrial cumulative trauma injury
References
Case No. ADJ7971001
Regular
Apr 16, 2013

DARRYL OYAS vs. CALIFORNIA STATE DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

This case involves a dispute over the attorney's fees awarded in a workers' compensation claim for a 100% permanent disability award. The applicant's attorney argues the administrative law judge erred by excluding the State Average Weekly Wage (SAWW) adjustment factor and by using the Uniform Reduction method for commutation instead of the Uniform Increasing Reduction (UIR) method. The Appeals Board granted reconsideration to allow the judge to recalculate the attorney's fees, incorporating a reasonable SAWW adjustment and applying the UIR commutation method, while still considering factors for determining the fee's reasonableness. The Board emphasized separating the calculation of the award's commuted value from the determination of the attorney's fee percentage.

State Compensation Insurance FundWorkers' Compensation Appeals BoardFindings and AwardAttorney's FeePermanent DisabilityState Average Weekly Wage (SAWW)Uniform Increasing Reduction (UIR) methodCommutationStipulations with Request for AwardCorrectional Officer
References
Case No. VNO 0530198
Regular
Sep 20, 2007

MAY OLIVEROS vs. WB TELEVISION PRODUCTION, INC., WARNER BROS.

This Workers' Compensation Appeals Board case concerns an applicant who sustained an industrial injury to her left foot, resulting in a fracture. The Board granted reconsideration after the applicant's employer contested a 2% permanent disability award. Ultimately, the Board amended the award to zero percent permanent disability, finding no evidence to support the likelihood of future disability.

May OliverosWB Television ProductionWarner Bros.VNO 0530198Opinion and Decision After Reconsiderationpermanent disabilityzero percentindustrial injuryleft footfifth metatarsal fracture
References
Case No. ADJ13021704
Regular
Nov 18, 2020

ROBILIO MARTINEZ vs. QC RESOURCES LLC, HARTFORD

The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior order approving a compromise and release, and returned the matter to the trial level for further proceedings. The Board found that the administrative law judge erred by reducing the applicant's stipulated attorney's fee without providing notice and an opportunity to be heard. Furthermore, insufficient evidence was presented to justify the reduction of the fee, requiring further development of the record.

Compromise and ReleaseAttorney's FeePetition for ReconsiderationOrder ApprovingWCJDue ProcessStipulated Attorney's FeeReduction of FeeDevelop the RecordAdjudication
References
Case No. ADJ7166686
Regular
Jul 24, 2012

RICHARD ANDERSON vs. JAGUAR/LANDROVER OF VENTURA, COMPWEST INSURANCE COMPANY

This case involves an applicant who suffered a stroke and subsequent 100% permanent disability following surgery for an industrial shoulder injury. The defendant sought reconsideration, arguing for apportionment to pre-existing conditions and challenging the attorney's fee calculation. The Appeals Board affirmed the 100% permanent disability finding, finding no basis for apportionment as the applicant's pre-existing conditions did not cause the disability itself. However, the Board modified the attorney's fee award, requiring commutation using a specific method and a 3% cost of living adjustment, finding the previously assumed 4.6% to be speculative.

Workers Compensation Appeals BoardRichard AndersonJaguar/Landrover of VenturaCompwest Insurance CompanyADJ7166686ReconsiderationFindings and AwardIndustrial InjuryBrain InjuryNeurological System
References
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