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

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ8007911
Regular
Dec 24, 2012

Matthew Maxwell (Deceased) vs. FIRECODE SAFETY EQUIPMENT, INC., OAK RIVER INSURANCE COMPANY

This case concerns appeals regarding workers' compensation death benefits for Matthew Maxwell's dependents. The primary dispute involves whether Matthew Maxwell Jr., the decedent's son, qualifies for the special minor death benefit under Labor Code section 4703.5, given his mother is a totally dependent spouse. The Appeals Board denied the daughter's petition for reconsideration and dismissed the insurer's petition as untimely, affirming the WCJ's award of the special minor benefit to Matthew Maxwell Jr. A commissioner dissented, arguing Matthew Maxwell Jr. is excluded from the benefit because his mother is a surviving totally dependent parent.

Workers' Compensation Appeals BoardMatthew MaxwellFirecode Safety EquipmentOak River InsuranceADJ8007911ReconsiderationFindings and AwardTotally Dependent MinorLabor Code Section 3501Labor Code Section 4703.5
References
Case No. ADJ8503725
Regular
Jan 09, 2017

DAVID LEZCHUK (Deceased), MELISSA LEZCHUK, Guardian ad Litem for MADISON GRACE LEZCHUK, minor vs. CAL FIRE—DEPARTMENT OF FORESTRY AND FIRE PROTECTION, legally uninsured, administered by STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's untimely petition for reconsideration. The Board also denied the defendant's petition, upholding the finding that Madison Lezchuk, the minor dependent, is entitled to an additional death benefit of $53,000. This additional benefit is to be placed in a trust due to the applicant's spending habits and inability to manage funds, ensuring protection of Madison's future interests. The WCAB affirmed that the "good cause" exception under Labor Code section 4704 allows for such awards despite the applicant's receipt of a CALPERS Special Death Benefit.

CALPERSSpecial Death BenefitLabor Code section 4707Labor Code section 4704good causeminor dependentdeath benefitGuardian ad Litemindustrial injuryWCJ discretion
References
Case No. ADJ7324566
Regular
Apr 09, 2013

BRANDON CLARK DECEASED, JOVELYN CLARK (WIDOW), GUARDIAN AD LITEM FOR JOANNA CLARK (MINOR CHILD), BRITTANY CLARK (MINOR CHILD), BENJAMIN CLARK (MINOR CHILD) vs. SOUTH COAST FRAMING, INC., REDWOOD FIRE AND CASUALTY COMPANY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Workers' Compensation Appeals Board denied reconsideration of a death claim where the decedent, Brandon Clark, died from combined toxic effects of sedating drugs. The defense argued that industrially prescribed medications did not significantly contribute to the death, but the Board upheld the finding that the industrially prescribed amitriptyline was a contributing factor. The Board found ample evidence supported industrial causation, rejecting the defense's attempt to limit causation solely to non-industrial medications and their untimely raised claim of intentional overdose.

Death ClaimIndustrial InjuryReconsiderationWidows BenefitsMinor DependentsToxicologyDrug InteractionCausationExpert OpinionMedical Examiner
References
Case No. ADJ6473555, ADJ7393801
Regular
Sep 18, 2014

Frank Jones (Deceased), Araceli Jones, Mya Jaedyn Jones vs. CDCR KERN VALLEY STATE PRISON, State Compensation Insurance Fund

The Workers' Compensation Appeals Board affirmed a previous award for death benefits to the minor daughter of deceased correctional officer Frank Jones. The WCJ found that the daughter, Mya Jones, was entitled to the special minor's death benefit due to "good cause," as her mother is now a sole provider facing significant financial hardship after the decedent's death. The Board agreed, citing compelling evidence of the mother's financial strain and the minor's ongoing needs. This decision overrides the defendant's contentions that the award was improper and denies credit for prior permanent disability advances.

Workers' Compensation Appeals BoardCalPERSspecial death benefitminor dependentGuardian Ad LitemLabor Code section 4704good causeaverage weekly earningstemporary total disabilitypermanent disability indemnity
References
Case No. ADJ179967 (MON 0356078) ADJ2593047 (MON 0356079)
Regular
Sep 16, 2008

RICARDO QUINTERO vs. AFFILIATED TEMPORARY HELP, STATE COMPENSATION INSURANCE FUND

The defendant sought reconsideration of an approved Compromise and Release settlement, claiming a mutual mistake regarding the applicant's age at the time of injury. The applicant initially claimed to be a minor, but the settlement document stated he was born in 1988, making him an adult. The Board denied reconsideration, finding that the applicant's age was a disputed issue resolved by the settlement, and that the defendant's assertion of a mutual mistake was not supported by the record, as the C&R appeared signed by both the applicant and his father.

Workers' Compensation Appeals BoardCompromise and ReleaseOrder Approving Compromise and Releasereconsiderationguardian ad litemmutual mistakedate of birth disputeminoradultindustrial injury
References
Case No. ADJ9711633
Regular
Feb 02, 2015

MICHAEL DEAN vs. CENTRAL TRANSPORT, CHEROKEE INSURANCE COMPANY

Here's a summary for a lawyer: The Workers' Compensation Appeals Board denied Gino Dean's petition for reconsideration of an order appointing Shannen Patton as guardian ad litem and trustee for a minor applicant. Gino Dean, the decedent's brother and applicant's uncle, lacked standing to challenge the order as he is not a party and failed to demonstrate good cause for removal of the applicant's mother. Furthermore, the order appointing the guardian is not a final award, rendering it ineligible for reconsideration.

Guardian ad LitemTrusteeMinorPetition for ReconsiderationStandingGood CauseNot a Final OrderRemovalExtraordinary RemedySubstantial Prejudice
References
Case No. ADJ4195124 (VNO 0561028)
Regular
Feb 27, 2012

DEVON DAVIS (Deceased), CAROL DAVIS, BRIDGETTE DAVIS vs. HARRISON & NICHOLS TRUCKING

The WCAB denied the applicant's petition, finding the widow correctly received a $25,000 death benefit. However, the Board granted the defendant's petition, rescinding the prior award regarding the minor son, Milan. The WCAB ruled that Milan's entitlement to benefits past age 18 due to alleged incapacity must be determined based on facts existing at the time of injury, requiring expert evidence not presented. The case is returned to the trial level to issue a decision that specifies exact benefits and resolves the issue of Milan's incapacity without reserving jurisdiction.

Death benefitDependentMinorIncapacityReconsiderationLabor Code section 4703.5Labor Code section 4702DependencyGuardian ad litemWCJ
References
Case No. VNO 0389726
Regular
Nov 09, 2007

Paula Gonzales vs. K-MART CORPORATION, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board affirmed the administrative law judge's decision barring a minor's claim for death benefits. The claim was filed outside the statutory one-year limit from the date of death and the 240-week period from the injury date, despite tolling provisions for minors. The Board found that preliminary letters and a request to amend a prior application did not constitute a formal application for death benefits, and therefore, the claim was untimely.

Death BenefitsStatute of LimitationsLabor Code Section 5406Labor Code Section 5408Guardian Ad LitemMinor HeirTolling ProvisionsApplication for Death BenefitsCommencement of ProceedingsEstoppel
References
Case No. ADJ3252798 (ANA 0407298)
Regular
Nov 02, 2011

CATALINO DIAZ (Deceased), RUBERTA DIAZ (Widow), MARGARET NATASHA DIAZ vs. PEOPLE'S CARE INC., STATE COMPENSATION INSURANCE FUND

This case concerns Ruberta Diaz's claim for death benefits as the widow of Catalino Diaz, who sustained a fatal industrial injury. The initial decision awarded benefits to their minor child but denied Ruberta’s claim, finding she failed to prove dependency. Ruberta contends she is a total dependent and that the judge erred in not addressing this, or alternatively, in finding no partial dependency. The Appeals Board granted reconsideration, deferred the issue of Ruberta's dependency, and returned the case to the trial level for further evidence and decision, while affirming the award to the minor child.

DependencyDeath BenefitWidow's ClaimMinor ChildPartial DependencyTotal DependencyPetition for ReconsiderationFindings and AwardWCJEvidence
References
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