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

Case No. ADJ3885285 (FRE 0248529) ADJ3795787 (FRE 0247126)
Regular
Dec 30, 2008

Larry Shores vs. CITY OF MADERA; ACCLAMATION FRESNO

This case concerns a worker's compensation claim for a back and spine injury sustained by Larry Shores. The Board granted reconsideration, rescinded sanctions imposed on the defendant for litigation tactics, and rescinded a penalty for delayed temporary disability payments. However, it otherwise affirmed the finding of industrial injury, awarded penalties for unreasonable delay in medical treatment, and upheld the need for ongoing medical care, including surgery.

Workers' Compensation Appeals BoardLarry ShoresCity of MaderaAcclamation FresnoADJ3885285ADJ3795787Opinion and Order Granting ReconsiderationFindings and AwardWCJIndustrial Injury
References
Case No. LAO 823855, LAO 823856
Regular
Oct 03, 2007

PEDRO M. RODRIGUEZ vs. RALPHS GROCERY COMPANY

The applicant sought reconsideration of a denial of workers' compensation benefits, which was based on the finding that his claims were filed after notice of termination. The Board affirmed the denial, concluding that the applicant's job abandonment led to a termination prior to the filing of his claims. The Board also determined that the employer properly denied both the specific and cumulative trauma claims, thus negating a presumption of compensability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderFindings of FactAdministrative Law JudgeApplicantDefendantRalphs Grocery CompanySecurity GuardIndustrial Injury
References
Case No. ADJ10330377
Regular
Jul 10, 2017

Taylor Baugh vs. Action Holdings, Inc., XL Specialty Insurance

This case concerns a defendant's petition for reconsideration regarding a 10% penalty for underpayment of temporary disability benefits. The Workers' Compensation Appeals Board granted reconsideration and amended the original decision. The penalty was adjusted to apply only to the specific amount of temporary disability that was delayed, not the entire awarded sum, in accordance with Labor Code section 5814.

Labor Code section 5814Petition for ReconsiderationTemporary DisabilityUnderpaymentPenaltyWCJWorkers' Compensation Appeals BoardFindings and AwardDecision After Reconsiderationunreasonable delay
References
Case No. ADJ8855938
Regular
Apr 22, 2015

ARLENE SCHERY vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, SEDGWICK, CMS

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration, upholding the finding that the applicant suffered a compensable psychiatric injury. The Appeals Board adopted the Administrative Law Judge's (WCJ) report, giving it great weight due to the opportunity to observe witness demeanor. The WCJ found that actual employment events, including sexual harassment, a YouTube video incident, classroom heat issues, and administrative failures, were predominant in causing the applicant's psychiatric injury, outweighing any good faith personnel actions. Medical evidence from a QME further supported that the applicant's symptoms stemmed from this stressful work environment.

PSYCHIATRIC INJURYINDUSTRIAL CAUSATIONGOOD FAITH PERSONNEL ACTIONSEXUAL HARASSMENTSTUDENT HARASSMENTTEACHER HARASSMENTYOUTUBE VIDEOEXCESSIVE HEATADMINISTRATION ISSUESRETALIATION
References
Case No. ADJ982538 (SAC 0225494)
Regular
Jun 09, 2009

GARY SEABROOKS vs. BFI MEDICAL WASTE SYSTEMS, RISK SERVICES

The Workers' Compensation Appeals Board (WCAB) dismissed applicant Gary Seabrooks' numerous petitions because they were filed without a corresponding final determination. The WCAB removed the case on its own motion to address Seabrooks' pattern of repeatedly filing unmeritorious and harassing documents, which has consumed significant board resources. Consequently, the WCAB has issued a notice of intention to declare Seabrooks a vexatious litigant and impose a prefiling order, restricting his ability to file future documents without prior leave. This action is intended to prevent further abuse of the workers' compensation system and allow for the expeditious resolution of other parties' cases.

Vexatious litigantpropria personapetitions for reconsiderationdismissalremovalnotice of intentionRule 10782Labor Code section 5310unmeritorious petitionsharassment
References
Case No. ADJ2464522 (OAK 0338150)
Regular
Feb 19, 2013

CHARLES COWART vs. JACK IN THE BOX, INC.

The Workers' Compensation Appeals Board granted reconsideration, rescinding the prior award of penalties for unreasonable delay in funding an annuity. The Board found that applicant's own delay in providing necessary information was the primary cause of the annuity funding delay, thus not warranting a penalty. However, the Board affirmed a $10,000 penalty for the employer's unreasonable delay in paying applicant's attorney's fees, to be paid to the applicant, not the attorney. Attorney's fees for enforcing the compromise and release were deferred for trial level resolution.

Workers' Compensation Appeals BoardCompromise and ReleaseLabor Code section 5814PenaltyUnreasonable DelayAnnuity FundingAttorney's FeesReconsiderationFindings and AwardDecision After Reconsideration
References
Case No. ADJ2562535 (BAK 0151733)
Regular
Jan 07, 2014

STEVE ADAMS vs. COUNTY OF KERN, Permissibly Self-Insured

The Workers' Compensation Appeals Board reversed a finding that the defendant did not unreasonably delay compensation payments. The applicant sustained an industrial injury to his pulmonary system, and medical evidence confirmed the injury was work-related. The Board found that despite the existence of an agreed medical examiner's report confirming the injury, the defendant's denial of liability persisted for an unreasonable period. Consequently, the defendant was found to have unreasonably delayed payments for temporary disability, permanent disability, and mileage reimbursement, with the penalty amount to be determined.

Industrial InjuryPulmonary SystemCode Compliance OfficerPermanent DisabilityReconsiderationLabor Code 5814Delay PenaltiesAgreed Medical ExaminerPulmonary DiseaseOccupational Asthma
References
Case No. ADJ7643460 ADJ8909733
Regular
Jan 03, 2020

Tracy Lee vs. XCHANGING, GRANITE STATE INSURANCE

The Workers' Compensation Appeals Board (WCAB) denied applicant Tracy Lee's multiple Petitions for Removal, adopting the reasoning of the workers' compensation judge. The WCAB admonished the applicant that repetitive, meritless filings may lead to a declaration as a vexatious litigant under WCAB rule 10782. This rule outlines criteria for identifying and restricting such litigants, including those who repeatedly relitigate determined issues or file unmeritorious motions. The applicant's continued filings without apparent merit have resulted in this denial and a warning against further vexatious conduct.

Petitions for RemovalVexatious LitigantPropria PersonaMeritless FilingsHarassmentDelayPrefiling OrderReopeningLabor CodeWCJ Reports
References
Case No. ADJ13332737, ADJ15218980, ADJ12640295
Significant

ABEL HIDALGO, et al. vs. ROMAN CATHOLIC ARCHBISHOP, permissibly self-insured, administered by SEDGWICK, et al.

The Workers' Compensation Appeals Board imposed sanctions totaling $15,000 against attorneys Susan Garrett and Lance Garrett for filing frivolous petitions for reconsideration with the willful intent to disrupt or delay court proceedings.

Labor Code Section 5813SanctionsWillful IntentImproper MotiveIndisputably Without MeritPetitions for ReconsiderationDelay of ProceedingsReasonable ExpensesAttorney's FeesEn Banc Decision
References
Case No. ADJ2529270 (MON0205624)
Regular
Dec 17, 2010

ZOI FOVOS vs. LOS ANGELES UNIFIED SCHOOL DISTRICT permissibly self insured c/o SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board granted reconsideration of a prior decision that found an award was paid timely without penalties. Applicant contended the defendant failed to include interest with the award payment, entitling them to penalties and attorney fees. The Board found the WCJ's decision failed to address the timeliness of interest payment and the applicability of penalties under Labor Code sections 5814 and 5814.5. The case is returned to the WCJ for further proceedings and a new decision regarding potential penalties and attorney fees for the delayed interest payment.

Workers Compensation Appeals BoardPetition for ReconsiderationFindings of FactAwardPenaltyAttorney's FeeInterest on AwardLabor Code Section 4650Labor Code Section 5814Labor Code Section 5814.5
References
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