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

Case No. ADJ1455856
Regular
Aug 24, 2012

GUILLERMO HERNANDEZ vs. SPIESS CONSTRUCTION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration of a finding of 79% permanent disability. The Board found the applicant's vocational expert's opinions regarding diminished future earning capacity unsubstantiated. Consequently, the Board amended the award to reflect 37% permanent disability based on a prior stipulation, and removed any apportionment to non-industrial factors due to lack of substantial medical evidence from the defendant.

WCABSpiess ConstructionState Compensation Insurance FundGuillermo HernandezADJ1455856GRO 0032468ReconsiderationPermanent DisabilityDiminished Future Earning CapacityDFEC
References
Case No. GRO 27301 GRO 28637
Regular
Jan 25, 2008

HERMAN DENNLER vs. TIMEC CO., INC.; ST. PAUL TRAVELERS, Adjusted By BROADSPIRE; OPEN WAVES SYSTEMS; LUMBERMAN'S MUTUAL CASUALTY COMPANY, Adjusted By BROADSPIRE

This case involves two industrial injuries to the applicant's spine sustained while employed by different employers. The Workers' Compensation Appeals Board granted reconsideration to overturn a prior joint award, ruling that recent legislative changes require separate permanent disability ratings for each injury. Consequently, the Board issued separate awards for each injury and clarified that St. Paul Travelers is responsible for administering future medical care.

Wilkinson ruleSB 899apportionmentcausationcombined disabilitypermanent stationaryseparate awardsfuture medical careSt. Paul TravelersLumberman's Mutual Casualty Company
References
Case No. GRO 0029797
Regular
Dec 21, 2007

MARLENA MOORE vs. ALBERTSONS, SPECIALTY RISK SERVICES

The Appeals Board granted reconsideration to further develop the medical record regarding applicant's headaches. While the applicant's injury to her neck and right shoulder was affirmed, the WCJ's denial of injury to bilateral upper extremities and headaches was modified. The case is remanded for further proceedings specifically on the industrial causation of the applicant's headaches.

Workers' Compensation Appeals BoardMarlena MooreAlbertsonsSpecialty Risk ServicesGRO 0029797Opinion and Order Granting ReconsiderationIndustrial InjuryNeck InjuryRight Shoulder InjuryBilateral Upper Extremities
References
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
Case No. GRO 0034768
Regular
Mar 07, 2008

JESSICA SMITH vs. RITE AID CORPORATION, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, TRAVELERS INSURANCE COMPANY

This Workers' Compensation Appeals Board case, Jessica Smith v. Rite Aid Corporation, involves an order dismissing a petition for removal. The petitioner voluntarily withdrew their petition for removal. Consequently, the Board has dismissed the petition, rendering it ineffective and requiring no further action.

Petition for RemovalWithdrawn PetitionDismissed PetitionWorkers' Compensation Appeals BoardRite Aid CorporationTravelers Property Casualty Company of AmericaTravelers Insurance CompanyGRO 0034768Frank M. BrassRick Dietrich
References
Case No. GRO 034460
Regular
Feb 15, 2008

MARGARITA SALAS vs. RANCH HARVEST, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and reversed an award of additional temporary disability benefits. The Board found that the applicant's claim for temporary disability indemnity for the period of February 10, 2007, through March 20, 2007, was barred by Labor Code section 4656(c)(1) as it fell outside the two-year limitation from the first payment of temporary disability on December 21, 2004. The Board also corrected a clerical error in the administrative law judge's decision heading.

Workers' Compensation Appeals BoardMargarita SalasRanch HarvestState Compensation Insurance FundGRO 034460Opinion and Order Granting ReconsiderationDecision After ReconsiderationFindings and Awardoccupational group 221industrial injury
References
Case No. POM 171820, POM 221222, POM 221224
Regular
Oct 01, 2007

MAGGIE M. WHITEHAIR vs. COUNTY OF SAN BERNARDINO

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration regarding an award of $5,000.00 in attorney fees. The defendant argued the award was improper as Labor Code section 4607 does not apply to enforcement of awards and a specific finding under Labor Code section 5313 was missing. The Board rescinded the award and returned the matter to the trial level pending a California Supreme Court decision on relevant attorney fees issues.

ReconsiderationStipulationAwardOrderLabor Code 4607Petition to Terminate BenefitsLabor Code 5313Rule 10775WCAB Policy and Procedural Manual 1.140Smith v WCAB
References
Case No. ADJ4209445 (GRO 0034182)
Regular
Jul 01, 2013

MARICRUZ GARCIA vs. PUEBLO PACKING, INC., BERKSHIRE HATHAWAY HOMESTATE COMPANIES

This order dismisses Maricruz Garcia's Petition for Reconsideration in Case No. ADJ4209445. The Workers' Compensation Appeals Board (WCAB) adopted the administrative law judge's report, finding the petition was untimely filed. Therefore, the WCAB dismissed the reconsideration request.

Petition for ReconsiderationDismissedUntimelyWorkers' Compensation Appeals BoardWCJ ReportAdministrative Law JudgePueblo PackingBerkshire HathawayADJ4209445GRO 0034182
References
Case No. ADJ1252927 (GRO 0027206)
Regular
Apr 16, 2013

DINA VILLAREAL vs. BEBE FARMS, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) denied reconsideration of its prior decision that found the applicant 100% permanently disabled. The defendant argued that the vocational expert's opinion was not substantial evidence and requested the case be remanded for further development of the record. However, the WCAB affirmed that parties must diligently develop the record before discovery closes, and it is not the Board's role to supplement a party's deficient evidence. Substantial evidence in the existing record supported the permanent total disability finding.

WORKERS' COMPENSATION APPEALS BOARDADJ1252927GRO 0027206Dina VillarealBebe Farms Inc.State Compensation Insurance FundReconsideration DeniedPermanent Total DisabilityVocational ExpertAnn Wallace PhD
References
Case No. GRO 0033226
Regular
Aug 31, 2007

FRANCISCO CHAGOLLA vs. LOS DOS VALLES HARVESTING, STATE COMPENSATION INSURANCE FUND

This case concerns an applicant who sustained a lumbar spine injury and appealed a permanent disability rating. The applicant challenged the validity of the 2005 Permanent Disability Rating Schedule (PDRS) and argued a vocational consultant's testimony rebutted the rating. The Board affirmed the original decision, finding the applicant failed to prove the PDRS was invalid and that the consultant's testimony did not rebut it. However, the Board reversed the denial of reimbursement for the consultant's expert testimony, finding him qualified as an expert in diminished future earning capacity.

WORKERS' COMPENSATION APPEALS BOARDFrancisco ChagollaLos Dos Valles HarvestingState Compensation Insurance FundGRO 0033226Opinion and Decision After Reconsiderationindustrial injurylumbar spinepermanent disabilitydiminished future earning capacity
References
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