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

Case No. ADJ7673518, ADJ7647749
Regular
Jan 23, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION / CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant sustained industrial injury to her neck. While the applicant testified to injuring her neck in a workplace incident and this was partially corroborated, the Board found insufficient evidence for other claimed injuries. The Board specifically disagreed with the administrative law judge's credibility assessment concerning the neck injury itself, relying on medical reports and testimony supporting the neck injury claim. The Board affirmed the denial of claims for all other alleged injuries, finding insufficient medical evidence to link them to the incident.

Petition for ReconsiderationFindings and OrderIndustrial InjuryNeck InjuryBack InjurySpine InjuryUpper ExtremitiesPsycheGastroesophageal SystemInternal System
References
Case No. FRE 0147567
Significant
Jan 24, 2002

MARIA YOLANDA JIMENEZ vs. SAN JOAQUIN VALLEY LABOR, SUPERIOR NATIONAL INSURANCE COMPANY

The Board holds that an industrially injured seasonal employee's vocational rehabilitation maintenance allowance (VRMA) should be calculated at two-tiered rates, reflecting in-season and off-season earning capacity, similar to temporary disability indemnity. The case is remanded to determine the applicant's off-season earning capacity.

Seasonal farm laborerVocational Rehabilitation Maintenance Allowance (VRMA)Temporary Disability Indemnity (TDI)In-season earnings capacityOff-season earnings capacityAverage weekly earningsLabor Code section 139.5En banc decisionEarning capacity benchmarkTwo-tiered award
References
Case No. ADJ896199
Regular
Apr 30, 2010

CHRISTOPHER SAN JOSE vs. STAGE TECH, STATE COMPENSATION INSURANCE FUND

This case concerns a dispute over the applicant's temporary disability indemnity rate, which was initially based solely on Social Security earnings. The Appeals Board granted reconsideration, finding the WCJ erred by not considering the applicant's actual post-injury earnings in a modified position. The Board cited case law establishing that post-injury earnings can be considered to fairly determine an injured worker's earning capacity. Consequently, the applicant's weekly earnings were determined to be $450, resulting in a higher temporary disability indemnity rate.

ReconsiderationTemporary Disability Indemnity RateEarning CapacitySocial Security RecordsModified DutyOffer of ProofAbandoned His JobPre-injury EarningsPost-injury EarningsEarning Capacity Determination
References
Case No. FRE 0147567
En Banc
Jan 24, 2002

Maria Yolanda Jimenez vs. San Joaquin Valley Labor, Superior National Insurance Company

The Board holds that an industrially injured seasonal employee is entitled to two separate temporary disability indemnity rates based on their in-season and off-season earning capacity, and consequently, their Vocational Rehabilitation Maintenance Allowance (VRMA) should also be a two-tiered award corresponding to those rates.

Workers' Compensation Appeals BoardEn Banc DecisionReconsiderationFindings and AwardSeasonal Farm LaborerTemporary Disability IndemnityVocational Rehabilitation Maintenance Allowance (VRMA)Average Weekly EarningsEarning CapacityIn-Season Rate
References
Case No. ADJ4216095 (BAK 0149327)
Regular
Oct 25, 2010

ALICIA NUNEZ ARREOLA vs. SUNTREAT PACKING, STATE COMPENSATION INSURANCE FUND

This case concerns a seasonal worker who sustained an industrial injury to her right shoulder and cervical spine. The defendant sought reconsideration of the permanent disability rate awarded by the WCJ, arguing it was miscalculated for a seasonal employee. The Appeals Board granted reconsideration, finding the WCJ erred in calculating the rate by focusing solely on in-season earnings. The Board amended the award, establishing the permanent disability rate based on the applicant's actual annual earnings, which resulted in a lower rate than initially awarded.

WCABPetition for ReconsiderationFindings and AwardSeasonal workerTemporary disabilityPermanent disabilityStipulationLabor Code section 4453(c)(4)Earning capacityMontana
References
Case No. ADJ8517780
Regular
Jun 03, 2013

DEANNA ROBBINS vs. SUSANVILLE ELEMENTARY SCHOOL DISTRICT

The Workers' Compensation Appeals Board denied the defendant school district's petition for reconsideration. The district challenged the calculation of the applicant's average weekly earnings, arguing her probationary status should reduce the figure. However, the Board affirmed the administrative law judge's finding, determining that the applicant's earnings capacity was properly calculated based on her actual earnings from multiple employers prior to the injury. The Board emphasized that earning capacity is a dynamic assessment, not limited to the applicant's immediate employment status.

Workers' Compensation Appeals BoardSusanville Elementary School DistrictDeanna RobbinsPetition for ReconsiderationFindings and Awardcumulative injuryupper extremitiesaverage weekly earningsearning capacityLabor Code section 4453(c)(4)
References
Case No. ADJ4318563 (SAL 0103841)
Regular
Nov 03, 2010

SANDRA PETERSON vs. SANTA CRUZ CITY SCHOOLS; Permissibly Self-Insured, Administered By EMPLOYERS SLEF INSURANCE SERVICES

This case involves an applicant who sustained industrial injuries as a teacher and later earned a significantly higher salary at a different school district. The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The Board affirmed the administrative law judge's decision to base temporary disability indemnity on the applicant's higher post-injury earnings. This was justified because her subsequent earnings provided concrete evidence of her earning capacity.

Workers' Compensation Appeals BoardIndustrial InjuryTemporary Total Disability IndemnityTDI Rate CalculationPost-Injury EarningsEarning CapacityWCJ FindingsPetition for ReconsiderationSanta Cruz City SchoolsCampbell School District
References
Case No. ADJ10092023
Regular
Apr 18, 2018

MARIA CERNA vs. ECKERT COLD STORAGE COMPANY, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Appeals Board granted reconsideration, rescinded the WCJ's decision, and returned the case to the trial level. The WCJ erred by including unemployment benefits in the applicant's average weekly earnings for permanent disability, as these are not considered earnings. Furthermore, the record was insufficient to determine the applicant's post-injury earning capacity, necessitating further development of evidence regarding her ability to perform offered full-time positions. The case will proceed for a new determination of the applicant's average weekly earnings and permanent disability rate.

Workers Compensation Appeals BoardApplicantDefendantFindings of FactOpinion on DecisionPetition for ReconsiderationAverage Weekly EarningsPermanent Disability IndemnityUnemployment BenefitsSeasonal Employment
References
Case No. ADJ10945011
Regular
Oct 29, 2020

ALFREDO TORRES vs. PERSONNEL STAFFING GROUP, LLC, dba BARNETT MANAGEMENT, PROTECTIVE INSURANCE COMPANY

In this workers' compensation case, the Appeals Board granted reconsideration to address the defendant's contention that the applicant's average weekly earnings were incorrectly calculated. The Board found the record inadequate to determine the applicant's earning capacity, particularly concerning his status as a seasonal worker paid by piecework. Consequently, the matter is returned to the trial level for further development of the record on average weekly earnings. The Board did not find error in the reliance on the treating physician's medical opinion for permanent disability.

Workers' Compensation Appeals BoardPersonnel Staffing GroupProtective Insurance CompanyAlfredo TorresAdjudication NumberFindings and AwardPetition for Reconsiderationpermanent disabilitylumbar spinefruit picker
References
Case No. ADJ8072993
Regular
Nov 26, 2012

VIRGINIA PALACIOS vs. MAXIMUM REALTY, AMERICAN CLAIMS

The Workers' Compensation Appeals Board denied reconsideration of the applicant's earning capacity determination. The Administrative Law Judge (WCJ) found the applicant's earning capacity based on actual wages, including rent-free housing as compensation, not solely on an hourly minimum wage calculation. The WCJ emphasized that earning capacity considers various factors like age, skill, and employment opportunities, not just hours worked at minimum wage. The Board noted that minimum wage issues should be addressed in a different forum and that such adjudication could potentially lead to reopening this case within statutory timeframes.

Workers' Compensation Appeals BoardPetition for ReconsiderationDeniedEarning CapacityMinimum WageApartment ManagerActual EarningsLegal Minimum WageStatutory Time FramesAdjudication
References
Showing 1-10 of 647 results

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