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

Case No. ADJ7723776
Regular
Nov 02, 2013

DEBRA CALORA vs. COUNTY OF SAN LUIS OBISPO

The Workers' Compensation Appeals Board granted reconsideration and amended the original award. The WCJ had found the applicant sustained a 100% permanent disability and was entitled to a 15% increase in indemnity under Labor Code section 4658(d) for the employer's failure to offer work. However, the Board determined that Labor Code section 4658(d)'s provisions, including the 15% increase, do not apply to awards of 100% permanent disability. Therefore, the applicant is not entitled to the 15% increase in permanent disability indemnity.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardCookRight upper extremityBilateral carpal tunnelPermanent disabilityLabor Code section 4658(d)Permanent total disabilityLifetime award
References
0
Case No. MISSING
Regular Panel Decision
Sep 08, 1983

Claim of McNeil v. Geary

The claimant, a groom, injured her left knee in 1979 and was initially found temporarily totally disabled. The Workers' Compensation Board later reclassified her injury as a 15% permanent partial disability of the left leg, dating from the time of injury, and increased her benefits based on wage expectancy due to her being under 25. The employer appealed, arguing that wage expectancy benefits should not apply to the period of temporary total disability and that the record didn't substantiate a permanent partial disability ab initio. The court affirmed the Board's decision, stating that reclassification is a factual determination within the Board's sole province and was based on substantial evidence, and that the Board has continuing jurisdictional power to modify findings.

Permanent Partial DisabilityWage ExpectancyWorkers' Compensation LawInjury ReclassificationBoard JurisdictionSubstantial EvidenceLeft Knee InjuryGroomRiding AcademyTemporary Total Disability
References
4
Case No. ADJ7663368
Regular
Apr 11, 2013

Starla Jones vs. GALLO GLASS CO.

This case involves a dispute over the applicant's permanent disability rating following an industrial injury to her right shoulder. The Workers' Compensation Appeals Board granted reconsideration and amended the original award, increasing the permanent disability rating from the WCJ's finding of 15% to 12%, based on the Agreed Medical Evaluator's opinion of 6% Whole Person Impairment. The Board affirmed the applicant's permanent and stationary date and found no overpayment of temporary disability. Additionally, the Board applied a 15% increase to permanent disability indemnity and attorneys' fees, recognizing the employer's failure to offer modified work.

Starla JonesGallo Glass Co.ADJ7663368ReconsiderationPermanent DisabilityWhole Person ImpairmentAgreed Medical EvaluatorDr. Peter J. MandellFunctional Capacity EvaluationPermanent and Stationary Date
References
0
Case No. ADJ606563 (MON 0342681) ADJ944999 (MON 0342981)
Regular
Aug 17, 2009

MICHAEL DAVIS vs. STAFFING SERVICES, LLC, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to amend a prior award. The applicant sustained admitted industrial injuries resulting in 100% permanent disability. The Board corrected the gross permanent disability indemnity rate from $174.18 to $144 per week based on a stipulation. Issues regarding the commencement date for annual increases in permanent disability indemnity and associated attorney's fees and lien claims were deferred pending further determination.

Workers' Compensation Appeals BoardStaffing ServicesState Compensation Insurance FundJoint Findings and Awardindustrial injurypsycheright upper extremityhypertensionpermanent total disabilityindemnity rate
References
0
Case No. SAC 359898
Regular
Oct 03, 2007

STEVE GARRETT vs. STIMPEL-WIEBELHAUS ASSOCIATES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and amended a prior award due to clerical errors in calculating permanent disability indemnity and attorney's fees. The Board corrected the total permanent disability indemnity to $19,585.50 and the attorney's fees to $2,350.00, reflecting the correct payment duration for 22% permanent disability and the applicable rate increase. This amendment was based on the Board's continuing jurisdiction to correct clerical errors.

Stipulations with Request for AwardMathematical ErrorMutual MistakeClerical ErrorPermanent Disability IndemnityAttorney's FeesLabor Code Section 4658(d)Rate IncreaseCommutationContinuing Jurisdiction
References
2
Case No. ADJ1008253 (BAK 0150515) ADJ7313307
Regular
Jun 01, 2015

JAMES STEED vs. STATE OF CALIFORNIA - WASCO STATE PRISON, STATE COMPENSATION INSURANCE FUND

The Board denied the applicant's petition for reconsideration, affirming the award of 94% permanent disability, while granting the defendant's petition solely to correct the start date for increased permanent disability payments under Labor Code section 4658(d). This increase will now commence on March 16, 2013, rather than an earlier date, adjusting the calculation of indemnity. The Board found the WCJ's detailed reports cured any initial inadequacies in explaining the permanent disability rating and apportionment.

Workers' Compensation Appeals BoardPetition for ReconsiderationStipulated AwardPermanent DisabilityLabor Code section 4658(d)Agreed Medical Examiner (AME)ApportionmentObesityAgreed Medical Examiner (AME) in orthopedicsAlmaraz/Guzman
References
1
Case No. ADJ7132952, ADJ8288729
Regular
Nov 26, 2012

MICHAEL FRANDSEN vs. SONOMA LIFE SUPPORT aka AMERICAN MEDICAL RESPONSE, ACE AMERICAN INSURANCE CO.

This case concerns a workers' compensation applicant, Michael Frandsen, who was awarded permanent disability indemnity for industrial injuries. The applicant petitioned for reconsideration, arguing the weekly permanent disability rate was incorrectly calculated. The Workers' Compensation Appeals Board granted the petition, amending the award to reflect a higher weekly rate of $264.50 after the initial 60-day period, as stipulated by the parties. This adjustment was based on the stipulation and Labor Code section 4658(d)(3)(B) concerning increased payments when employment is terminated early. The Board also clarified the attorney's fee as 15% of the permanent disability indemnity.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardIndustrial InjuryPermanent DisabilityLabor Code section 4658(d)(3)(B)Temporary Disability IndemnityPermanent Disability IndemnityStipulationAverage Earnings
References
1
Case No. ADJ8824230
Regular
Apr 03, 2017

Braulina Rodriguez vs. ANAHEIM HEALTH CARE CENTER, AIG administered by CORVEL

The Appeals Board granted reconsideration, amending the original award regarding permanent disability indemnity. The primary issue deferred for further development is whether a 15% rate increase under Labor Code section 4658(d)(2) applies, contingent on employer size and failure to offer suitable work. The original findings of a 34% permanent disability and 159 weeks of indemnity remain, but the payment rate is now to be determined. The Board adopted the WCJ's report, which highlighted the need for record development on employer employee count relevant to the rate increase.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings Award & OrdersAdministrative Law JudgeCervical spineLumbar spineLeft anklePsycheTemporary disabilityPermanent disability
References
3
Case No. ADJ4213538 (SAC 292021)
Regular
Jun 19, 2009

MARGARET PERRIGO vs. NORTHERN CALIFORNIA ANGLER PUBLICATION, ARGONAUT INSURANCE COMPANY

This case concerns a dispute over the attorney's fee awarded to applicant's counsel. The initial award granted 15% of temporary disability indemnity and 12% of permanent disability indemnity. The lien claimant sought reconsideration, arguing for 15% of permanent disability indemnity. Following further reflection, the trial judge recommended granting reconsideration and remanding the attorney's fee issue for further proceedings. The Appeals Board granted reconsideration, affirmed the award regarding temporary disability, but deferred the issue of attorney's fees on permanent disability, reserving jurisdiction. Defendants are ordered to withhold 15% of permanent disability indemnity payments until the fee issue is resolved.

PerrigoNorthern California Angler PublicationArgonaut Insurance CompanyADJ4213538SAC 292021Opinion and Order Granting ReconsiderationDecision After ReconsiderationFarrell Fraulob and BrownWCJFindings and Award
References
0
Case No. ADJ1124123 (BGN 0064929) ADJ3374432 (BGN 0061307)
Regular
Oct 22, 2018

MARY BAKER vs. SWEEETHEART CUPS; CIGA by SEDGWICK CMS for FREMONT INSURANCE in liquidation and PORTEOUS FASTENERS/PACIFIC INDEMNITY COMPANY, CHUBB INSURANCE

The Workers' Compensation Appeals Board granted CIGA's petition for reconsideration, reversing the finding that CIGA remained liable for permanent total disability indemnity and medical treatment for the applicant's industrial injuries. The Board found that because the applicant's injuries resulted in a joint and several award with a solvent insurer, Pacific Indemnity, CIGA has no obligation to pay as "other insurance" was available. The decision clarifies that CIGA is absolved of liability for medical treatment jointly caused by both injuries, but remains liable for treatment solely caused by the September 1979 injury. Pacific Indemnity is now solely responsible for all remaining permanent total disability indemnity and medical treatment costs, adjusting for payments already made by CIGA.

CIGASweetheart CupsPorteous FastenersFremont InsurancePacific IndemnityChubb InsuranceWilkinson doctrinejoint and several liabilitycovered claimsother insurance
References
10
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