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

Case No. ADJ10020893
Regular
Aug 21, 2017

TZITZIRI BOLANOS ZACARIAS vs. MARZ FARMS, ZENITH INSURANCE COMPANY

This case involves Zenith Insurance Company's petition for reconsideration of a $250 sanction order. The sanction was imposed because Zenith and its attorneys failed to appear at a status conference due to an alleged calendaring error. Zenith argued this was an inadvertent mistake, not bad faith, and requested relief under WCAB Rule 10561. The Workers' Compensation Appeals Board denied reconsideration, adopting the judge's report that found no reasonable excuse for the failure to appear. One commissioner dissented, believing the sanctions were unjust given the isolated, inadvertent nature of the calendaring error and Zenith's prompt resolution of the underlying issue.

Workers Compensation Appeals BoardPetition for ReconsiderationOrder Imposing SanctionsStatus ConferenceNotice of Intention to SanctionReasonable ExcuseCalendaring ErrorWCAB Rule 10561Labor Code section 5813Bad Faith
References
Case No. ADJ3274679
Regular
Jun 26, 2012

PATCHES CONWAY vs. ARCHITECTURAL ART MANUFACTURER, CHARTIS

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration because the defendant voluntarily withdrew it. The defendant had initially sought to set aside an Order Approving Compromise and Release, alleging an inadvertent clerical error by the applicant. However, the issue was resolved when the applicant corrected the error and the Appeals Board incorporated the amendments. Therefore, no further action was required on the reconsideration petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationCompromise and ReleaseOrder Approving Compromise and ReleaseSet Aside OrderInadvertent ErrorClerical ErrorIncorporate by ReferenceDismissed PetitionStatus Conference
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 The Board rescinded an amended award issued without proper jurisdiction and clarified that temporary disability indemnity in ADJ9172422 is payable less sums received from all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. ADJ7347492
Regular
Aug 20, 2012

EDWARD ZEPEDA vs. CARNATION CO., METLIFE INS. CO. OF CONNECTICUT, Administered by TRAVELERS

Here's a summary of the case for a lawyer, in four sentences: The Board granted reconsideration to rescind the WCJ's decision, finding no unreasonable delay in the defendant's payment of a Compromise and Release settlement. The Board determined the delay was due to an inadvertent typographical error in the address for one of three settlement checks, not bad faith or intentional delay by the defendant. Consequently, penalties and attorney fees related to the alleged delay were denied. The Board also found no basis for sanctions under Labor Code section 5813.

Labor Code Section 5814Labor Code Section 5813Compromise and ReleasePetition for ReconsiderationUnreasonable DelayPenaltyAttorney FeesApplicant's CostsTypographical ErrorInadvertent Error
References
Case No. ADJ1395833
Regular
May 07, 2009

MARTIN ALVAREZ vs. OMEGA EXTRUDING CORPORATION OF AMERICA, GALLAGHER BASSETT SERVICES

The defendant, Omega Extruding Corporation, petitioned to set aside a stipulation and award, or for reconsideration, alleging a clerical error. The defendant claims the temporary disability rate was mistakenly entered as the permanent disability rate, resulting in an incorrect total permanent disability indemnity. The Appeals Board granted reconsideration, rescinded the award, and returned the case to the trial level for further proceedings. This decision allows the parties to correct the alleged error or litigate the facts to determine if the stipulation should be set aside.

Petition for ReconsiderationStipulations with Request for AwardInadvertent ErrorClerical ErrorMutual MistakeSet Aside StipulationsRescind AwardGood CausePermanent Disability IndemnityTemporary Disability Rate
References
Case No. ADJ7358750
Regular
Jul 24, 2017

ANDRES GUZMAN vs. AEROSPACE SERVICE CONTROLS, TRUCK INSURANCE EXCHANGE, FARMERS INSURANCE

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration to correct a clerical error in the original findings. The Board affirmed the prior finding that the applicant sustained injury arising out of and in the course of employment to his head, traumatic brain injury, and psyche, as stipulated by the parties. The Board denied the defendant's request to withdraw the stipulation regarding the psyche injury, finding no good cause to relieve them from the agreement made during a lengthy hearing. The Board amended the findings to reflect injury to the neck, correcting a factual error where the original order stated injury to the back.

Petition for ReconsiderationFindings of FactWorkers' Compensation Appeals BoardAdministrative Law JudgeStipulationsAffirmative DefenseClerical ErrorUnilateral Mistake of FactGood CauseLabor Code Section 3208.3(d)
References
Case No. ADJ10614811
Regular
Aug 19, 2019

JESUS ZUNIGA, vs. GAMA CONTRACTING SERVICE; BERKLEY SPECIALTY,

The Workers' Compensation Appeals Board granted reconsideration and rescinded the dismissal of a lien claim. The lien claimant's representative failed to appear at a hearing, leading to the initial dismissal. While the lien claimant submitted declarations with incorrect hearing dates, the Board found that the dismissal should be reconsidered. The matter is returned to the trial level for a hearing on whether the dismissal should be set aside due to mistake, inadvertence, surprise, or excusable neglect.

Tri County Medical Grouplien claimantPetition for ReconsiderationOrder Dismissing Lieninadvertent mistakeDeclaration of Ana MartinezReport and Recommendationsupplemental pleadinglien conferenceNotice of Intent to Dismiss
References
Case No. ADJ7300335
Regular
Jun 04, 2019

LINDA PAUL vs. ALICE’S PRESCHOOL, NATIONAL LIABILITY & FIRE INSURANCE COMPANY administered by AMERICAN COMMERCIAL

The Workers' Compensation Appeals Board affirmed a judge's order dismissing lien claimant Western Imaging's lien. Western Imaging failed to appear at a lien conference, which the judge dismissed under WCAB Rule 10562. The Appeals Board found that a calendaring error, as claimed by Western Imaging, did not constitute good cause for relief under CCP 473(b), especially given that the representative was present when the hearing was continued. Therefore, the dismissal of the lien claim was upheld.

Lien ClaimantReconsiderationWCJDismissing Lien ClaimWCAB Rule 10562CCP 473(b)Human ErrorCalendaring ErrorGood CauseFox v. Workers' Comp. Appeals Bd.
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. AHM 0124082 AHM 0124083 AHM 0124085 AHM 0146447 AHM 0146449 SBR 0329311
Regular
Oct 29, 2007

JEANNETTE RODRIGUEZ vs. DEPARTMENT OF INDUSTRIAL RELATIONS, STATE COMPENSATION INSURANCE FUND

The applicant sought reconsideration of a workers' compensation award, alleging errors in the stipulated agreement regarding injured body parts, indemnity amounts, and the applicability of Labor Code section 4658(d). The Board denied the petition, upholding the validity of the stipulations absent a showing of good cause to set them aside, especially given the applicant was represented by counsel at the time of agreement. The case is returned to the trial level solely for the correction of identified clerical errors in the stipulations.

Workers' Compensation Appeals BoardPetition for ReconsiderationStipulations With Request for AwardAdministrative Law JudgePermanent DisabilityLabor Code Section 4658(d)Clerical ErrorsGood CauseWithdrawal of StipulationInadvertence
References
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