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

Case No. GRO 0030976
Regular
Jun 30, 2008

ELIZABETH ALVERNAZ vs. UNITED PARCEL SERVICE, LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board rescinded a previous award finding an applicant incurred an industrial injury to both upper extremities causing 20% permanent disability. This action was taken after the parties reached a settlement by compromise and release. The case is returned to the administrative law judge for further proceedings regarding the settlement.

Workers' Compensation Appeals BoardElizabeth AlvernaUnited Parcel ServiceLiberty Mutual Insurance CompanyGRO 0030976Opinion and Decision After ReconsiderationIndustrial InjuryUpper ExtremitiesCustomer Service ClerkPermanent Disability
References
0
Case No. GRO 031512; GRO 031648 GRO 033806; GRO 033807 GRO 033808
Regular
Mar 18, 2008

SHEILA M. PASQUA vs. ERNIE BALL, INC. \& PALADAR MFG. I; CIGA/CASUALTY RECIPROCAL EXCHANGE

The applicant sought reimbursement for services from Wallace & Associates, claiming it was a reasonable cost under Labor Code section 5811. The Appeals Board affirmed the WCJ's finding that the defendant was not liable for this bill. The applicant failed to prove the services were reasonable and necessary, especially given the stipulation to use the 1997 rating schedule, rendering the evidence's purpose unclear.

Workers' Compensation Appeals BoardPetition for ReconsiderationIndustrial InjuryPermanent Disability Rating ScheduleLabor Code section 5811Reasonable CostsWallace & AssociatesCosta v. Hardy DiagnosticMedical-Legal CostsVocational Rehabilitation Expert
References
1
Case No. GRO 0020213, GRO 0020214, GRO 0031041, GRO 0031829
Regular
Aug 06, 2007

SANDRA K. CARNAHAN vs. ALBERTSON'S STORES, INC., SPECIALTY RISK SERVICES

The Appeals Board granted reconsideration of a WCJ's findings due to a poorly organized record and unclear rulings, allowing untimely petitions to proceed due to improper service. The Board rescinded the original award and returned the case to the trial level for proper record preparation and a new decision addressing all submitted issues. Sanctions may be imposed for future procedural violations by the applicant.

Petitions for ReconsiderationFindings and AwardIndustrial injuryPermanent disabilityApportionmentFurther medical treatmentCompensable consequenceCumulative traumaHousekeeping servicesAttorney's fees
References
2
Case No. GRO 031996 GRO 031997 GRO 031998 GRO 032300
Regular
Dec 07, 2007

CHARLES CACCIOLA vs. CALIFORNIA MEN'S COLONY, STATE COMPENSATION INSURANCE FUND

This case involves the applicant, Charles Cacciola, seeking workers' compensation benefits for multiple industrial injuries. The Workers' Compensation Appeals Board is reconsidering prior decisions concerning the applicable permanent disability rating schedule and the extent of permanent disability. While affirming an award for vocational expert costs, the Board is remanding the permanent disability and attorney fee issues to the trial level for further determination based on recent legal precedents.

Workers' Compensation Appeals BoardCalifornia Men's ColonyState Compensation Insurance Fundreconsiderationpermanent disability2005 Schedule1997 ScheduleLabor Code section 4660(d)vocational expertlitigation costs
References
8
Case No. GRO 0030299 GRO 0033215 GRO 0034583
Regular
Jan 24, 2008

DEBRA A. FLORES vs. FACTORY 2 U STORES, INC.; ROYAL SUN & ALLIANCE, Adjusted by INTEGRATED INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration to address the defendant's argument that the WCJ erred in applying the *Wilkinson* doctrine for combining permanent disability awards in successive injury cases. The Board rescinded the previous award, remanding the case for further development of the record and reanalysis under the *Benson* en banc decision. This decision clarifies that *Benson* mandates apportionment based on causation, effectively superseding the *Wilkinson* rule for cases decided after SB 899.

SB 899Wilkinson doctrineBenson v. The Permanente Medical Groupapportionmentcausationsuccessive injuriespermanent disabilityindustrial injuryretail storesupervisor
References
10
Case No. GRO 017747 GRO 017748 GRO 019264
Regular
Jul 17, 2007

CRAIG ANTISTA vs. JORDANOS; CIGA By Its Servicing Facility INTERCARE INSURANCE SERVICES For CALIFORNIA COMPENSATION INSURANCE COMPANY, In Liquidation

The Workers' Compensation Appeals Board granted CIGA's petition for removal, rescinding a previous order compelling arbitration. The Board found that CIGA's reimbursement claim against TIG for successive injuries was not a mandatory arbitration matter under Labor Code Section 5500.5, but rather a matter governed by Insurance Code Section 1063.2. The case is returned to the trial level for further proceedings on CIGA's reimbursement petition.

CIGARemovalArbitrationContributionReimbursementInsurance Code Section 1063.2(b)Labor Code Section 5500.5WCJSuccessive InjuriesCumulative Injury
References
0
Case No. GRO 0032759, GRO 0032760, GRO 0032761
Regular
Jul 16, 2008

CALIFORNIA MEN'S COLONY vs. Legally Uninsured; STATE COMPENSATION INSURANCE FUND

This case involves an applicant's claim for permanent disability benefits arising from multiple injuries, including specific and cumulative trauma to the left knee and high blood pressure. The original decision apportioned liability for the knee injury per the *Wilkinson* standard, but the Appeals Board rescinded this due to new case law (*Benson*) requiring apportionment based solely on causation. The matter is returned for further proceedings to apply the *Benson* standard and potentially consider other relevant legal decisions.

Workers' Compensation Appeals BoardReconsiderationPermanent DisabilityApportionmentWilkinsonCumulative TraumaDiminished Earning CapacityLabor Code Section 4660Permanent Disability Rating ScheduleBoughner
References
5
Case No. GRO 0026360 GRO 0026361 GRO 0029659
Regular
Mar 03, 2008

LINDA KUMALAC vs. NEWPORT CORP, RISK ENTERPISE MGMT

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and remanded the case due to procedural errors. The WCJ incorrectly applied the 1997 Permanent Disability Rating Schedule instead of the 2005 Schedule, and failed to clearly delineate which body parts were injured on which dates. Furthermore, the record lacked required stipulations and issue statements, and the WCJ's decision did not separately address each injury as mandated by law.

WCABReconsiderationFindings and OrderPermanent Disability Rating1997 Schedule2005 ScheduleDates of InjuryBody PartsCumulative TraumaCarpal Tunnel Syndrome
References
1
Case No. ADJ4312477 (GRO 0033744) ADJ2550699 (GRO 0033745) ADJ1243304 (GRO 0033746) ADJ541032 (GRO 0033747) ADJ595387 (GRO 0033748) ADJ1104781 (GRO 0033749)
Regular
Feb 10, 2009

CATHERINE PORTUGAL vs. MIKASA, INC.; GALLAGHER BASSETT SERVICES, INC.

The Appeals Board granted reconsideration and affirmed a WCJ's decision finding the defendant liable for a Labor Code section 5814 penalty due to unreasonable delay in providing a Supplemental Job Displacement Voucher. The Board clarified that the voucher constitutes "compensation" under section 5814 and the penalty should be 25% of the amount ultimately paid from the voucher. The Board also corrected a clerical error regarding the voucher's maximum value to $8,000.

Supplemental Job Displacement VoucherLabor Code section 5814Petition for ReconsiderationWorkers' Compensation Appeals BoardAdministrative Law JudgePenalty AssessmentPermanent DisabilityRehabilitationAttorney's FeeLabor Code section 4658.5
References
0
Case No. GRO 32620 GRO 32621 GRO 34520
Regular
Aug 13, 2007

ROSS COVELLO vs. CITY OF SANTA MARIA, GREGORY BRAGG & ASSOCIATES

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the administrative law judge's findings on lumbar spine injuries and excluding certain medical reports. The Board also removed the case on its own motion and issued a notice of intention to impose sanctions against the applicant's representative for disrespectful statements about judges and misrepresentation of facts. The denial was based on the merits of the case and the WCJ's report, while the removal and potential sanctions addressed the conduct of the representative.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder of RemovalSanctionsLabor Code § 5813Labor Code § 4062.2Agreed Medical EvaluatorEx Parte CommunicationsWCJHearing Representative
References
0
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