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

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ3616652 (SAC 0296975)
Regular
Feb 07, 2013

SAMUEL WILLIAMS vs. STARVING STUDENTS, LEGION INSURANCE COMPANY, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

This case concerns the applicant's claim for interest on a workers' compensation settlement paid late by Legion Insurance, now administered by CIGA. The applicant was awarded 10% interest on delayed payments, but CIGA sought reconsideration, arguing the interest issue was not properly raised, interest accrued before CIGA's involvement is not covered, and stipulations waived interest. The Appeals Board granted reconsideration, amending the award to apply interest only on payments made on or after March 4, 2003, when CIGA assumed liability, allowing credit for overpayments made to the applicant.

Workers Compensation Appeals BoardLegion InsuranceCIGACompromise and Release AgreementInterest on AwardLiquidationGuarantorStipulationOrder Approving Compromise and ReleaseStatutory Interest
References
Case No. ADJ1367543 (POM 0286181)
Regular
May 11, 2012

XJU BIN CAO vs. WO HIN INTERNATIONAL, INC., BERKSHIRE HATHAWAY

The Appeals Board rescinded the WCJ's decision, finding that the November 3, 2010 Stipulation and Order was an enforceable contract despite the parties' differing interpretations of unstated interest and penalty clauses. The Board ruled the lien claimant is entitled to interest under Labor Code section 5800 on the $17,000 payment from the agreement date to payment. However, no penalty was awarded as the defendant's delay in payment was not deemed unreasonable.

Workers' Compensation Appeals BoardReconsiderationStipulation and OrderMeeting of the MindsLabor Code Section 5800Lien ClaimantInterestPenaltiesLabor Code Section 5814Unreasonable Delay
References
Case No. ADJ4579659 (AHM 0089109)
Regular
Sep 29, 2010

DEE ANNE RAMIREZ vs. DRIVE FINANCIAL SERVICES, ONE BEACON INSURANCE CO.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to address applicant's claims regarding attorney fees and interest. The WCAB affirmed the previous award but amended a finding to include interest on the compromise and release and rehabilitation settlement, calculated from specified dates, less any payments made. The Board declined to alter the attorney fee, deeming it reasonable given the applicant's attorney's conduct and the outcome. The matter was returned to the trial level for further proceedings to adjust the interest amount.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardWCJAttorney FeeLabor Code section 5814.5Interest on AwardCompromise and ReleaseVocational Rehabilitation SettlementInterest Accrual
References
Case No. ADJ126279 (OAK 0305558)
Regular
Dec 20, 2011

STEPHEN CLAY vs. LOWE'S HIW, INC., AIG INSURANCE COMPANY

The Workers' Compensation Appeals Board reconsidered a WCJ's decision denying St. Francis Memorial Hospital's lien claim entirely. The Board, agreeing with the WCJ's recommendation, rescinded the original order. St. Francis Memorial Hospital's lien is now allowed in the amount of $8,379.22, excluding amounts already paid. However, the lien claimant's request for interest and penalties was denied due to timely and reasonable payment on the hospital bill.

St. Francis Memorial Hospitallien claimantpetition for reconsiderationWCJ's Findings and Orderstipulated Awardindustrial injurypermanent disabilityfurther medical treatmentpenaltiesinterest
References
Case No. ADJ7469776
Regular
Jun 01, 2015

PAUL PALMER vs. KANSAS CITY CHIEFS, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

This case concerns whether California workers' compensation jurisdiction applies to an out-of-state professional football player's cumulative injury claim. The Workers' Compensation Appeals Board (WCAB) denied the applicant's petition for reconsideration, affirming the WCJ's finding that the applicant's minimal contact with California (5 out of 62 games) did not establish a sufficient connection for due process under *Federal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)*. The majority found that California lacked a legitimate and substantial interest in adjudicating the claim, deeming the applicant's contact "de minimis." Commissioner Sweeney dissented, arguing that California has a substantial interest in injured workers and that the applicant's contact was more than de minimis, thus supporting WCAB jurisdiction.

WCABPaul PalmerKansas City ChiefsTravelers Property Casualty Company of AmericaADJ7469776Petition for ReconsiderationFindings of FactAdministrative Law JudgeWCJFederal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)
References
Case No. ADJ4320293 (PAS0014831)
Regular
Nov 03, 2011

LAWRENCE WEITZER vs. LAW OFFICES OF LAWRENCE WEITZER, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and amended a prior order, primarily to delete a penalty award. The Board affirmed that the defendant incorrectly paid an attorney's fee installment to a trust instead of the applicant's attorney. Consequently, the defendant must pay the outstanding attorney fee, plus interest, and interest on funds repaid by the trust. The penalty was removed because the applicant was deceased, as such penalties are payable to the applicant.

SCIFattorney's fee paymentWeitzer Trustinterest on awardLabor Code section 5814 penaltyunreasonable delaygood faith legal basisCompromise and Releaseapplicant deceasedpenalty paid to applicant
References
Case No. ADJ4137919 (LAO 0855341) ADJ3018408 (LAO 0855344)
Regular
Dec 15, 2009

Enrique Madrigal vs. KAVLICO CORP, NOVA PRO RISK SOLUTIONS

Lien claimants' Petition for Reconsideration is granted; the Orders of Reimbursement are affirmed, but amended to delete the award of interest.

Petition for ReconsiderationOrder of ReimbursementLien ClaimantsPetition for ReimbursementAmounts Paid in ErrorInterest AwardWCJ's OrderStatutory BasisAppeals BoardDecision After Reconsideration
References
Case No. ADJ1314529 (LBO 0331102), ADJ2710937 (LBO 0337681), ADJ3736545 (LBO 0334960), ADJ4463186 (LBO 0363045)
Regular
Jan 25, 2018

BELIA FLORES vs. THE KROGER COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES

This case involves a dispute over lien claimant Dr. Elena Konstat's reimbursement for medical-legal expenses. The Court of Appeal remanded the case, directing the Board to address issues of penalties and interest. The Board affirms its prior decision awarding $4,900 for Dr. Konstat's medical-legal evaluations but defers the penalties and interest issue to the trial level. Further proceedings will occur at the trial level regarding penalties and interest.

Workers Compensation Appeals BoardRemittiturLien ClaimantPetition for Writ of ReviewPenaltiesInterestMedical-Legal CostsAgreed Bill ReviewerOfficial Medical Fee ScheduleLabor Code 4622
References
Case No. ADJ7968765
Regular
Mar 22, 2018

DONALD BECHTEL vs. AMZAC ENTERPRISES, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and amended a prior order, finding that lien claimant Med-Legal Photocopy is entitled to penalties and interest under Labor Code section 4622(a). The original order had allowed the lien but denied penalties and interest. The Board found that the employer did not dispute receiving the services or invoices, making them liable for the statutory additions. The parties are directed to adjust the penalty and interest amount, with jurisdiction reserved to the WCJ if they cannot agree.

Workers Compensation Appeals BoardLien ClaimantPetition for ReconsiderationLabor Code Section 4622PenaltiesInterestDuplicative ServicesReasonablenessNecessityCopy Service Fee Schedule
References
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