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Case Law Database

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

Case No. VNO 0521700
Regular
Jul 09, 2008

KEITH CHAGNON vs. STATE OF CALIFORNIA, DEPT. OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

This case addresses whether attorney's fees can be deducted from Industrial Disability Leave (IDL) benefits. The Workers' Compensation Appeals Board lacks jurisdiction to award fees directly against IDL but can order payment by the employer. Ultimately, the Board ordered the employer to pay attorney's fees forthwith, allowing credit against future temporary or permanent disability indemnity.

Industrial Disability Leave (IDL)Government Code section 19871Attorney's feesTemporary Total Disability (TTD)Permanent Disability (PD)Labor Code section 4903(a)Labor Code section 4909Credit against future benefitsWorkers' Compensation Appeals Board (WCAB)Jurisdiction
References
2
Case No. VNO 507066
Regular
Mar 03, 2008

SHEILA DAVIS vs. CENTINELA STATE PRISON, STATE COMPENSATION INSURANCE FUND

This case concerns whether industrial disability leave (IDL) payments count towards the two-year limitation on temporary disability (TD) benefits under Labor Code section 4656(c)(1). The applicant argues that IDL benefits are separate from TD and thus not subject to this limitation. The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior decision, pending a Court of Appeal ruling on the identical issue.

Industrial Disability LeaveTemporary Total DisabilityLabor Code section 4656Petition for ReconsiderationFindings of FactIDL benefitsTD benefitsmutually exclusiveGovernment Code section 19871salary continuation benefits
References
1
Case No. OAK 0321831
Regular
Jun 23, 2008

ANTOINETTE TATE-ANDREWS vs. CALTRANS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration, rescinded a prior award, and remanded the case. The Board held that Industrial Disability Leave (IDL) payments must be counted towards the 104-week cap on temporary disability benefits as established by Labor Code section 4656. This decision aligns with the appellate court's ruling in *Brooks v. Workers' Comp. Appeals Bd.*, which found IDL to be statutorily equivalent to temporary disability.

Industrial Disability LeaveTemporary Disability Indemnity104-week capLabor Code section 4656aggregate disability paymentsSB 899Brooks v. Workers' Comp. Appeals Bd.statutory definitionmutually exclusive benefitsfunctional equivalent
References
4
Case No. ADJ3683114 (SAC 0367247) ADJ349326 (SAC 0370213)
Regular
Dec 29, 2009

NICK NAVARRO vs. STATE OF California, DEPARTMENT OF CORRECTIONS, Legally Uninsured, Adjusted By STATE COMPENSATION INSURANCE FUND

Reconsideration granted; matter returned to WCJ for further proceedings on IDL payments and attorney's fees.

Workers' Compensation Appeals BoardIndustrial InjuryCorrectional OfficerRight KneeTemporary DisabilityIndustrial Disability Leave (IDL)Attorney's FeesPetition for ReconsiderationJoint Findings and AwardWCJ
References
1
Case No. ADJ6923941 ADJ7668243
Regular
Jan 31, 2014

ROSA AVILA vs. IDLE ACRE CONVALESCENT HOSPITAL, CYPRESS INSURANCE COMPANY

Lien claimant Dr. Tiffany Nguyen sought reconsideration of an order dismissing her lien, which was served on November 5, 2013. The Workers' Compensation Appeals Board (WCAB) dismissed her petition because it was filed on December 4, 2013, which was outside the 20-day window plus 5 additional days for mail service allowed by Labor Code section 5903. The WCAB has no discretion to hear untimely petitions, and Dr. Nguyen's petition was therefore dismissed as untimely.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Dismissing LienLien ClaimantAdministrative Law JudgeJoint Report and RecommendationCompromise and ReleaseNotice of HearingMinutes of HearingNotice of Intention to Dismiss Lien Claim
References
0
Case No. ADJ1766087 (LAO 0859443) ADJ3559115 (LAO 0859444)
Regular
Aug 28, 2014

SYLVIA REYES vs. IDLE ACRE CONVALESCENT HOSPITAL, EVEREST NATIONAL INSURANCE COMPANY, NATIONAL LIABILITY & FIRE INSURANCE COMPANY

This case concerns an insurer's petition for reconsideration of an arbitration award that altered a prior finding on the cumulative trauma injury period. The Appeals Board granted reconsideration, rescinding the arbitration award. The Board held that a prior Workers' Compensation Judge's finding of a cumulative trauma period ending June 23, 2005, which was stipulated to by the parties and not challenged, was binding. Therefore, the Arbitrator erred in redetermining this date. The issues of body part allocation are returned to the Arbitrator for a new decision.

cumulative traumadate of injuryspecific injuryapportionmentinsurer liabilityarbitrationreconsiderationfindings and awardcompromise and releasestipulation
References
9
Case No. VNO 0510281
Regular
Apr 16, 2007

MOISES LOPEZ vs. DEPARTMENT OF MOTOR VEHICLES, Legally Uninsured, Administered By STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board reversed a prior finding and ordered that the 1997 Permanent Disability Rating Schedule applies to applicant Moises Lopez's case. This is because the last payment of temporary disability indemnity (or its equivalent, IDL) occurred before January 1, 2005, triggering the requirement for specific notices under Labor Code section 4061. Consequently, the case is remanded for permanent disability to be rated under the older schedule.

Workers' Compensation Appeals BoardReconsiderationIndustrial InjuryLicensing-Registration ExaminerDepartment of Motor Vehicles (DMV)State Compensation Insurance FundIndustrial Disability Leave (IDL)Temporary DisabilityPermanent Disability2005 Schedule for Rating Permanent Disabilities
References
2
Case No. ADJ7224335
Regular
Apr 14, 2011

GINA WALLS vs. STATE OF CALIFORNIA, CALIFORNIA HIGHWAY PATROL

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for removal and denied their petition for reconsideration. The defendant sought to overturn a decision awarding temporary disability benefits and an attorney fee, arguing the applicant should have received Industrial Disability Leave (IDL) instead. The WCAB adopted the findings of the administrative law judge, finding the applicant's injury to her right shoulder on March 31, 2010, arose out of and in the course of employment and was compensable with temporary disability benefits and an attorney fee. The WCAB also rejected the defendant's claim that the injury was cumulative rather than specific.

WORKERS' COMPENSATION APPEALS BOARDGINA WALLSCALIFORNIA HIGHWAY PATROLSTATE COMPENSATION INSURANCE FUNDWCJFindings of Fact and Awardtemporary disability indemnityIndustrial Disability LeaveIDLattorney fee
References
0
Case No. MISSING
Regular Panel Decision

Privatera v. Yellow Cab Co.

A 75-year-old clerk for Yellow Cab Company was assaulted by a co-employee, Cross, after an incident where the clerk referred two women looking for drivers to other idle employees. Cross wrongly believed the clerk had used inappropriate language, leading to a physical altercation that injured the clerk's hip. The Workers' Compensation Board affirmed an award, determining the initial interaction was work-related, establishing a nexus between the employment and the assault. The employer appealed, arguing it was a personal dispute. The court upheld the Board's finding, stating that substantial evidence supported the work-related nexus, making the injury compensable.

Workers' CompensationWorkplace AssaultCourse of EmploymentPersonal AnimosityWork-Related InjurySubstantial EvidenceCompensabilityNexus to EmploymentCo-employee DisputeHip Injury
References
5
Case No. MISSING
Regular Panel Decision

In re Claim of Drassenower

The case concerns an appeal by members of the International Association of Machinists, Local 1056, whose unemployment benefits were suspended for seven weeks. Their idleness resulted from a strike against Trans World Airlines by flight attendants, even though the claimants themselves were not participants in the strike. The Unemployment Insurance Appeal Board affirmed the suspension, applying Labor Law § 592(1) which mandates a suspension of benefits for those whose unemployment is triggered by an industrial controversy in their workplace. The claimants challenged the statute's constitutionality, arguing violations of due process and equal protection, and its misapplication to non-participants, as well as contending it was contrary to public policy. The Appellate Division affirmed the Board's decision, upholding the statute's constitutionality based on numerous precedents and confirming its applicability to non-participating employees within a struck establishment, while reiterating that public policy is a legislative determination.

Unemployment Benefits SuspensionIndustrial StrikeNon-Participant IdlenessLabor Law ConstitutionalityDue Process ChallengeEqual Protection ChallengePublic Policy DeterminationUnemployment Insurance BoardAppellate ReviewLabor-Management Relations
References
6
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