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

Case No. ADJ10369716, ADJ9273910
Regular
Sep 29, 2017

FRANCISCO JIMENEZ vs. AG EXPRESS TRANSPORTATION, APPLIED RISK OMAHA

This case concerns the division of a $24,000 attorney's fee between two attorneys representing the applicant. The Workers' Compensation Appeals Board denied the petition for reconsideration filed by attorney Alan Tajer, who argued for a larger share of the fee. The Board found that the WCJ did not abuse her discretion in awarding $18,000 to Ronald Ehrman and $6,000 to Tajer, considering Ehrman's role in initiating the case, negotiating the settlement, and his representation for a longer period. The Board also found that the alleged error in failing to rule on the admissibility of an exhibit was harmless.

WCABAttorney Fee SplitPetition for ReconsiderationFindings and OrdersCompromise and ReleaseAgreed Medical ExaminerMedical Provider NetworkPetition for VenueCumulative TraumaSpecific Injury
References
Case No. ADJ8890143
Regular
Sep 19, 2014

Vanessa White vs. San Diego Gas Electric, Liberty Mutual Insurance Company

In this workers' compensation case, the Appeals Board granted a joint petition for removal to correct a misidentification of the employer on case documents. Although the parties characterized this as a clerical error, the Board clarified it was an attorney error. Despite the lack of stated prejudice, the Board rescinded the prior denial of a petition to amend the order approving the compromise and release. The case is returned to the trial level for the judge to make necessary corrections to court documents and EAMS.

Petition for RemovalOrder Denying PetitionAmendment of Order Approving Compromise and ReleaseEmployer Identification ErrorClerical ErrorAttorney ErrorSubstantial PrejudiceIrreparable HarmWCAB Rule 10843Labor Code Section 5813
References
Case No. ADJ9172410, ADJ9172422
Regular
Apr 22, 2015

DAVID MEANY vs. WALNUT CREEK FORD, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for ULLICO CASUALTY in Liquidation, Administered By PATRIOT RISK SERVICES

The Workers' Compensation Appeals Board granted reconsideration to correct a clerical error in the original award. The Board rescinded an amended award issued without proper jurisdiction and clarified that temporary disability indemnity in ADJ9172422 is payable less sums received from all sources, including EDD. Case ADJ9172410 was taken off calendar as there were no disputed issues. The original award in ADJ9172422, as amended to reflect these clarifications, was affirmed.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardTemporary Disability IndemnityWage-Loss BasisEmployment Development DepartmentAdministrative Law JudgeOff CalendarClerical ErrorJudicial Function
References
Case No. ADJ3708709 (AHM 0128553) ADJ1493538 (AHM 0128554)
Regular
Jun 08, 2012

ELSA SERRANO vs. ITT CANNON ELECTRICS; ESIS; TRISTAR

This case concerns whether two workers' compensation claims were properly dismissed due to defective service. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, finding that the WCJ erred in determining the dismissals were not final. The Board concluded that due process was satisfied as the applicant and their attorney had notice and opportunity to object, despite a minor error in the applicant's zip code on the service documents. Therefore, the WCAB rescinded the WCJ's previous findings.

Workers' Compensation Appeals BoardReconsiderationOrder DismissingDefective ServiceFindings of FactPetition for ReconsiderationProof of ServiceDue ProcessHarmless ErrorPrejudicial Error
References
Case No. ADJ8593693
Regular
Apr 24, 2015

EFREN TENORIO vs. COACHELLA VALLEY UNIFIED SCHOOL DISTRICT; Permissibly Self-Insured, Administered By KEENAN & ASSOCIATES

The Workers' Compensation Appeals Board denied Efren Tenorio's Petition for Removal, finding no substantial prejudice or irreparable harm. Removal is an extraordinary remedy requiring proof that reconsideration will not be an adequate remedy. The Board adopted the WCJ's reasoning, concluding that any alleged error regarding unadmitted evidence was harmless because counsel stipulated to the WCJ deciding based on provided documents.

Petition for RemovalWorkers' Compensation Appeals BoardSubstantial PrejudiceIrreparable HarmReconsiderationWCJ ReportStipulationHarmless ErrorExtraordinary RemedyAdministrative Law Judge
References
Case No. ADJ11125540, ADJ11127934, ADJ11125539
Regular
Feb 11, 2020

ALONDRA SUASTEQUI vs. SOUTHEAST PERSONNEL LEASING, STATE NATIONAL INSURANCE

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The Board affirmed the finding that the applicant did not sustain claimed injuries, upholding the administrative law judge's decision that the applicant take nothing. Crucially, the applicant failed to provide evidence that a claim form was properly filed with the employer, thus not triggering the 90-day presumption of compensability under Labor Code section 5402. The Board also found any error in admitting denial letters was harmless, as they were not necessary to the conclusion.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and Orderspecific trauma injurycumulative trauma injuryWCJ credibility determinationLabor Code section 5402presumption of compensabilitydenial letterspre-trial conference statement
References
Case No. ADJ10527650
Regular
Jan 27, 2020

GUSTAVO DE LA CRUZ vs. HEYHAN, INC., DBA MILLER COLLISION SERVICES, PROCENTURY INSURANCE COMPANY, ILLINOIS MIDWEST INSURANCE AGENCY, LLC

This case concerns a workers' compensation claim where the applicant sustained bilateral knee injuries. The primary dispute revolved around the calculation of the applicant's average weekly earnings and the applicability of Labor Code section 4661.5. The defendant also challenged the quashing of a subpoena for the applicant's unemployment insurance records. Ultimately, the Appeals Board rescinded the original findings but made no substantive changes, affirming the applicant's average weekly earnings and finding the exclusion of the EDD records to be harmless error.

WCABReconsiderationAverage Weekly EarningsLabor Code Section 4453Labor Code Section 4661.5Subpoena Duces TecumEDDQuashVocational RehabilitationTemporary Total Disability
References
Case No. ADJ8944426, ADJ8942895
Regular
Dec 22, 2014

DAVID POSHOGLYAN vs. HOLLIDAY ROCK COMPANY, INC., INSURANCE COMPANY OF THE WEST, XL SPECIALTY INSURANCE COMPANY

The Workers' Compensation Appeals Board denied reconsideration of a decision finding applicant sustained injury arising out of and in the course of employment. Defendants argued certain exhibits were improperly admitted due to lack of service and that the decision was vague. The Board adopted the WCJ's report, which found the exhibits were properly admitted or any error was harmless, and that the decision adequately addressed the stipulated facts. The WCJ's report detailed why the exhibits were admissible despite service issues and explained that further clarification on body parts or liability was not required at this stage of the proceedings.

ADJ8944426ADJ8942895PoshoglyanHolliday Rock CompanyInsurance Company of the WestXL Specialty Insurance CompanySedgwickPetition for ReconsiderationDeniedWCJ Report
References
Case No. ADJ1152971
Regular
Jun 25, 2009

LISA ROSE vs. ORINDA VET CLINIC, FIREMAN'S FUND INSURANCE

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration of the finding that she did not sustain a specific industrial back injury in November 2005. The Board found no contemporaneous medical evidence supporting a work-related injury, and the WCJ found the employer's witnesses more credible than the applicant regarding the timing of the injury report. While the WCJ's reliance on an out-of-court statement was improper, it was deemed harmless error as the applicant failed to meet her burden of proving industrial causation. Therefore, the petition for reconsideration was denied based on the lack of substantial evidence to overturn the original findings.

WCABPetition for ReconsiderationFindings of FactSpecific InjuryIndustrial InjuryBurden of ProofMedical RecordLay TestimonyCredibilityContemporaneous Medical Evidence
References
Case No. ADJ12557876
Regular
Nov 04, 2020

VERONICA MADRIGAL vs. MONTEREY COUNTY OFFICE OF EDUCATION, INTERCARE HOLDINGS INSURANCE SERVICES, INC.

Here is a summary of the case for a lawyer in four sentences: The defendant sought reconsideration of a WCJ's order denying their petition for a new QME panel and finding their objections to the existing panel harmless error. The Appeals Board denied the petition, agreeing that the applicant's counsel's communication with the QME, while a technical violation of Labor Code section 4062.3(b), did not result in prejudice warranting a new panel. The Board also found the defendant waived their right to object to the QME's report by relying on it to terminate temporary disability benefits. Furthermore, the defendant failed to provide evidence that the original QME panel was improperly issued, thus failing to prove entitlement to a new orthopedic panel.

QME panelLabor Code section 4062.3ex parte communicationadvocacy letterharmless errorstipulated findings and orderremovalreconsiderationmedical evaluatoragreed medical evaluator
References
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