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

Case No. GRO 024430
En Banc
Dec 08, 2004

Myron Abney vs. Aera Energy, Liberty Mutual Insurance Company

The Appeals Board held that the amended Labor Code section 5814, which changed penalty calculations for unreasonable delay of compensation, applies to delays that occurred before its June 1, 2004 operative date, if the finding of unreasonableness is made on or after that date.

SB 899Labor Code section 5814unreasonable delaypenaltyoperative datetemporary disability indemnityHofmeister v. Workers' Comp. Appeals Bd.prior to operative dateon or after operative dateconclusive presumption
References
Case No. ADJ4198621 (VNO 0495392)
Regular
Sep 28, 2012

ANTONIO BARBUTO (Deceased), ADRIANA BARBUTO MIGLIANO (Widow) vs. SIEMERS ENGINEERING COMPANY, STATE COMPENSATION INSURANCE FUND

This case involves a dispute over the decedent's earning capacity for calculating death benefits following his fatal industrial injury. The defendant, SCIF, argues the judge's finding that the decedent was promoted to backhoe operator and had the earning capacity of that role lacks substantial evidence. The Appeals Board granted reconsideration, rescinded the prior award, and returned the matter for further proceedings due to an inadequate record. The Board emphasized the need for a proper evidentiary record detailing the decedent's employment, qualifications, and earnings before a determination can be made.

Workers' Compensation Appeals Boarddeath benefitsearning capacitybackhoe operatorpromotionactual wagesLabor Code section 4453average weekly earningsunion representativeprevailing hourly wage
References
Case No. ADJ4093711 (AHM 0140492)
Regular
Jul 14, 2010

ROBERTO DELGADILLO vs. CONSTRUCTION FORKLIFT SERVICES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted petitions for reconsideration filed by both the applicant and the defendant. This decision arose from the April 27, 2010 ruling in the case of Roberto Delgadillo v. Construction Forklift Services; State Compensation Insurance Fund. The WCAB cited statutory time constraints and the need for further study of the factual and legal issues as reasons for granting reconsideration. This action is intended to ensure a complete understanding of the record and to enable a just and reasoned decision after further proceedings.

Workers' Compensation Appeals BoardReconsiderationPetitions for ReconsiderationApplicantDefendantConstruction Forklift ServicesState Compensation Insurance FundStatutory time constraintsFactual and legal issuesDecision After Reconsideration
References
Case No. ADJ9813999
Regular
Jan 31, 2018

JOSEPH MORGAN vs. SYSTEMS OPERATIONS SERVICES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) rescinded a previous finding that applicant Joseph Morgan was an independent contractor. The WCAB found that Morgan was an employee of Systems Operations Services (SOS) because SOS exercised pervasive control over his work. Factors supporting this decision include SOS providing tools, housing, and a vehicle, dictating work hours and locations, and Morgan's work being an integral part of SOS's core business. The WCAB determined that SOS failed to prove Morgan was an independent contractor excluded from workers' compensation coverage.

WCABPetition for ReconsiderationIndependent ContractorEmployeeRight to ControlBorello factorsWastewater Treatment Plant OperatorSOSState Compensation Insurance FundAOE/COE
References
Case No. GRO 024430
Significant
Dec 08, 2004

Myron Abney vs. AERA ENERGY, LIBERTY MUTUAL INSURANCE COMPANY

This en banc decision holds that the revised Labor Code section 5814, operative June 1, 2004, applies to unreasonable delays in compensation payments that occurred prior to its operative date, provided the finding of unreasonable delay is made on or after that date.

SB 899Labor Code Section 5814En Banc DecisionReconsiderationTemporary Disability IndemnityPenaltyUnreasonable DelayOperative DateStatute of LimitationsConclusive Presumption
References
Case No. ADJ10064259
Regular
Nov 19, 2015

, Applicant, CHARLES WAGNER, vs. , Defendants. BARRETT BUSINESS SERVICES; ACE AMERICAN INS. CO.; CORVEL ADMINSTRATOR

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior order allowing the applicant to treat outside the defendant's Medical Provider Network (MPN). The Board found that while MPN notice requirements are crucial, an employee can only treat outside the network at the employer's expense if a failure to provide notice resulted in a denial of medical care. In this case, the applicant received timely medical treatment, and the defendant presented evidence of providing MPN notices, thus, the applicant was not entitled to self-procured treatment outside the MPN.

Workers' Compensation Appeals BoardMedical Provider Network (MPN)ReconsiderationFindings and OrderAdministrative Law Judge (WCJ)Labor CodeRule 9767.12Medical TreatmentExpedited HearingForklift Operator
References
Case No. LAO 838220
Regular
May 14, 2007

MARIA SERAFIN vs. LANSCO DIE CASTING, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration, rescinded the previous award, and remanded the case to determine permanent disability using the 1997 Schedule. This decision stems from the Board's finding that the applicant's treating physician's December 20, 2004, report indicated the existence of permanent disability, triggering an exception under Labor Code section 4660(d). Consequently, the outdated 1997 Schedule, not the 2005 Schedule, must be applied to calculate the applicant's permanent disability benefits.

Workers' Compensation Appeals BoardMaria SerafinLansco Die CastingState Compensation Insurance FundLAO 838220ReconsiderationFindings and AwardWCJIndustrial InjuryRight Shoulder
References
Case No. MON 0280551
Regular
Sep 11, 2007

FRANK L. SAUCEDO, JR. vs. COCA COLA BOTTLING COMPANY, BROADSPIRE INSURANCE COMPANIES

The Appeals Board granted removal, rescinding the WCJ's order that removed cases from the calendar due to a new injury. The Board found the defendant's petition to reopen to reduce permanent disability was based on evidence obtained before the new injury and is therefore ripe for determination. The cases are returned to the trial level to litigate whether good cause exists to amend the prior award based on diminished disability.

Petition for removalPetition to reopenPermanent disability awardAgreed medical examiner (AME)Subrosa filmGood causeAlter or amend awardWCJWorkers' Compensation Appeals BoardBroadspire Insurance Companies
References
Case No. ADJ1064869
Regular
Sep 17, 2008

ALEJANDRINO RIVERA-SANCHEZ vs. FOSTER FARMS

Reconsideration granted; affirmed award amended to reflect 28% permanent disability instead of 38%.

Workers' Compensation Appeals BoardReconsiderationPermanent DisabilityQualified Medical EvaluatorTreating PhysicianSubstantial EvidenceSubjective ComplaintsObjective FindingsSurmiseSpeculation
References
Case No. AHM 0144525
Regular
Dec 17, 2007

JOSE FUENTES vs. BORDERS GROUP, INC., LIBERTY MUTUAL INSURANCE COMPANY

This case concerns an applicant's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision requiring him to treat within the defendant's Medical Provider Network (MPN). The WCAB denied the petition, adopting the administrative law judge's report. The key issue was whether a prior medical report indicating a "serious chronic condition" excused the applicant from MPN treatment, but this report was not properly submitted as evidence.

MPNMedical Provider NetworkPetition for ReconsiderationFindings Award and OrderWCJForklift OperatorThoracic SpineIndustrial InjuryNeck InjuryShoulder Injury
References
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