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

Case No. ADJ264342 (MON 0325148)
Regular
Jul 06, 2011

DONNA DARLING vs. HAROLD TARLETON M.D., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION by its servicing facility, SEDGWICK CLAIMS MANAGEMENT SERVICES for FREMONT INDEMNITY COMPANY in liquidation

Defendant CIGA sought reconsideration of a workers' compensation award due to a clerical error in the permanent disability indemnity rate. The parties subsequently entered into a stipulation agreeing to correct the rate from $230.00 to $170.00 per week. The Workers' Compensation Appeals Board granted the petition, amended the award to reflect the agreed-upon corrected rate, and otherwise affirmed the original award. This effectively resolved the dispute over the permanent disability payment amount.

Workers' Compensation Appeals BoardCIGAPetition for ReconsiderationStipulations with Request for AwardPermanent Disability IndemnityClerical ErrorWCJTimelinessLabor Code4658(d)
References
2
Case No. ADJ4258585 (OXN 0130492) ADJ220258 (OXN 0130487)
Regular
Apr 17, 2018

ENRIQUE HERRERA vs. MAPLE LEAF FOODS, U.S. FIRE INSURANCE COMPANY, ALEA NORTH AMERICAN INSURANCE COMPANY

This notice informs parties that the Workers' Compensation Appeals Board (WCAB) intends to admit its rating instructions and a disability rater's recommended permanent disability rating into evidence. The WCAB previously granted reconsideration for further study. Parties have seven days to object to the rating instructions or the recommended rating, with specific procedures for addressing objections. If no timely objection is filed, the matters will be submitted for decision thirty days after service.

WORKERS' COMPENSATION APPEALS BOARDPermanent Disability RatingDisability Evaluation UnitRating InstructionsRecommended Permanent Disability RatingJoint RatingReconsiderationObjectionRater Cross-ExaminationRebuttal Evidence
References
0
Case No. LBO 0374533
Regular
Jul 02, 2008

, Applicant, ALYCE WENTZ vs. , Defendant(s). ST. MARY MEDICAL CENTER; PERMISSIBLY SELF-INSURED adjusted by SEDGWICK CLAIMS MANAGEMENT SERVICES

This case involves a dispute over the calculation of permanent disability indemnity in a workers' compensation claim. The employer sought reconsideration of an award that incorrectly calculated the total indemnity based on the maximum rate instead of the applicant's specific rate. The Appeals Board granted the employer's petition, correcting the total indemnity amount to $89,575.64 while affirming the permanent disability rating and life pension.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardPermanent DisabilityIndemnityLife PensionNursing AssistantIndustrial InjurySt. Mary Medical CenterSedgwick Claims Management Services
References
0
Case No. ADJ114638 (VNO 0364765)
Regular
Apr 13, 2009

Adriana Modlin vs. CEDARS-SINAI MEDICAL CENTER

The Workers' Compensation Appeals Board rescinded a prior decision regarding Adriana Modlin's claim against Cedars-Sinai Medical Center. Defendant Cedars-Sinai sought reconsideration, arguing the judge incorrectly applied the Permanent Disability Rating Schedule, failed to account for indemnity overpayments and commutations, and miscalculated indemnity rates. The Board remanded the case to the trial level for further proceedings to address these issues, including clarifying indemnity payment records and potentially re-evaluating the correct rating schedule.

Workers' Compensation Appeals BoardReconsiderationTemporary Total DisabilityPermanent Total DisabilityPermanent Disability Rating ScheduleIndemnityCommutationCreditThird Party RecoveryAttorney's Fees
References
0
Case No. ADJ7054442
Regular
Jan 11, 2013

JARRAD JELSMA vs. WINE GROUP, INC.; TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Board denied the defendant's petition for reconsideration of the WCJ's award of temporary disability indemnity. The defendant failed to demonstrate due diligence in producing a wage statement discovered after trial, which it claimed would lower the indemnity rate. While denying reconsideration of the retroactive award, the Board allowed the defendant to petition to reopen the award to prospectively adjust the temporary disability indemnity rate based on the disputed wage statement. The Board also denied credit to the defendant for any retroactive overpayment of temporary disability indemnity.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardAverage Weekly EarningsTemporary Disability IndemnityWage StatementDue DiligenceNewly Discovered EvidenceReopen AwardRetroactive Overpayment
References
0
Case No. ADJ10015407
Regular
Feb 11, 2019

ARACELI MELGOZA GARIBAY vs. SILVERADO FARMING COMPANY INC., SECURITY NATIONAL INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an amended finding that awarded the applicant 61% permanent partial disability at a rate of $290.00. While the WCAB affirmed the 61% disability rating, finding Dr. Shaw's reports substantial evidence and agreeing that bilateral upper extremity impairments should be added due to synergistic effect, it deferred the issue of the permanent disability indemnity rate. The case was returned to the WCJ for further development of the record regarding the applicant's average weekly earning capacity for the purpose of determining the correct indemnity rate.

Workers' Compensation Appeals BoardPetition for ReconsiderationAmended Findings and AwardPermanent Partial DisabilityQualified Medical ExaminerCombined Values ChartSeasonal Agricultural LaborerBilateral Wrist PainCarpal Tunnel SyndromeMyalgia
References
3
Case No. ADJ4173733 (GRO 0033459) ADJ7235201
Regular
May 08, 2014

DONALD LUTES vs. NEW WEST COOLING, INC., STATE COMPENSATION INSURANCE FUND

This case involved an appeal by SCIF regarding permanent disability indemnity rates. The WCJ initially awarded $230/week for both case numbers, but SCIF argued the 2004 injury date in ADJ4173733 limited the rate to $200/week. The WCJ acknowledged this oversight and recommended the amendment. The Appeals Board granted reconsideration, affirming the award but amending the indemnity rate for ADJ4173733 to $200/week, totaling $18,100, and adjusting attorney fees accordingly.

Petition for ReconsiderationJoint Findings and AwardPermanent DisabilityIndustrial InjuryWorkers' Compensation Appeals BoardWCJState Compensation Insurance FundDate of InjuryPermanent Disability IndemnityAttorney Fees
References
0
Case No. ADJ352088 (MON 0360366)
Regular
Apr 12, 2011

NANCY MONTOYA vs. AUGUST CONSTRUCTION, INC., SEABRIGHT INSURANCE

This case concerns a clerical error in a workers' compensation award where the weekly temporary disability indemnity rate was inconsistently stated. The applicant, Nancy Montoya, incurred an industrial injury while employed by August Construction, Inc. The defendant petitioned for reconsideration to correct the typographical error in the Findings and Award, specifically regarding the stipulated temporary disability indemnity rate. The Workers' Compensation Appeals Board granted reconsideration, amended the award to reflect the agreed-upon rate of $833.33 per week, and returned the case for further proceedings.

Workers' Compensation Appeals BoardAugust ConstructionSeabright InsuranceFindings and AwardPetition for ReconsiderationTypographical ErrorTemporary Disability Indemnity RatePermanent Disability Indemnity RateStipulationReport and Recommendation
References
0
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. ADJ3483133 (LBO 0389333)
Regular
Jan 31, 2011

GENE BROWN vs. PEPSI BOTTLING GROUP, OLD REPUBLIC

In this case, the defendant sought reconsideration of an award finding a left shoulder injury and $12\%$ permanent disability for the applicant, Gene Brown. The core dispute involved a clerical error in the permanent disability indemnity rate, which was initially awarded at $\$270.00$ per week instead of the correct statutory rate of $\$230.00$. While the WCJ amended the award to correct the indemnity rate, this correction did not proportionately adjust the attorney fees. The Appeals Board granted reconsideration, rescinded both the original and amended decisions, and returned the matter to the trial level for recalculation of attorney fees and a new decision.

Permanent disability indemnityReconsiderationClerical errorIndemnity rateAmended Findings and AwardLabor Code sections 4658(d)Labor Code sections 4660(d)Offer of modified workAttorney feesWorkers' Compensation Appeals Board
References
0
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