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

Case No. ADJ7998455
Regular
Sep 10, 2012

BOBBY RIVERA vs. STURGEON & SONS, INC., ZURICH NORTH AMERICA

This case involves clerical errors in a prior Workers' Compensation Appeals Board order denying reconsideration. Specifically, the case number and district office listing in the September 6, 2012 Opinion and Order were incorrect. The Board has issued an order to correct these errors by interlineation on the original document. The corrections involve adding the final "5" to the case number and changing the district office from "Grover Beach" to "San Luis Obispo."

Order Correcting Clerical ErrorsWorkers' Compensation Appeals BoardOpinion and Order Denying ReconsiderationFindings and AwardADJ7998455San Luis Obispo District OfficeGrover Beach District OfficeInterlineations
References
Case No. STK 0195201
Regular
Mar 06, 2008

BRUCE GORDEN vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and clarified its prior order concerning a lien claim. The WCAB amended its December 28, 2007 decision to ensure the lien claimant could pursue recovery from the appropriate party, not solely the defendant employer. This modification clarified that the lien claimant retains the right to proceed against either the applicant or defendant to recover the full amount of its lien for living expenses.

Workers' Compensation Appeals BoardReconsiderationRemovalStipulations With Request for AwardLien ClaimCCPOA Benefit Trust FundCumulative InjuryCorrectional OfficerBilateral Feet InjuryTemporary Disability
References
Case No. ADJ7232076
En Banc
Nov 04, 2011

Tsegay Messele vs. Pitco Foods, Inc.; California Insurance Company

The Appeals Board grants reconsideration on its own motion to make its prior September 26, 2011 decision, concerning the timelines for QME panel requests, apply prospectively to prevent disruption in ongoing cases.

Appeals Board MotionReconsiderationNotice of IntentionModify OpinionClerical ErrorAgreed Medical Evaluator (AME)Qualified Medical Evaluator (QME)Panel RequestLabor Code section 4062.2(b)Prospective Application
References
Case No. ADJ1316438
Regular
Sep 12, 2008

MARK SHORT vs. MISTRAL, EVEREST NATIONAL INSURANCE CO., AMERICAN COMMERCIAL CLAIM ADMINISTRATORS, VILLANOVA INSURANCE CO., TORTILLA FLATS, WASAU INSURANCE CO., CORNERSTONE CUTLERY, EVEREST NATIONAL INSURANCE CO., 21 OCEAN FRONT RESTAURANT, EVEREST NATIONAL INSURANCE CO., SUPERIOR NATIONAL INSURANCE CO.

The Appeals Board dismissed SCIF's petition for reconsideration, granted removal, and dismissed SCIF as a party defendant because SCIF did not insure Mistral during the relevant period nor any of the employers joined in the Order.

Workers Compensation Appeals BoardPetition for ReconsiderationRemovalSCIFFinal OrderSubstantive RightLiabilityProcedural OrderLabor Code Section 5310Cumulative Trauma Period
References
Case No. ADJ8000261, ADJ8000389, ADJ8406948
Regular
Sep 20, 2012

MISAEL TORRES vs. AMERICAN APPAREL, NEW HAMPSHIRE INSURANCE COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration of an approved Compromise and Release. The petition was dismissed due to being unverified and lacking specific grounds or references to the record or law, as required by statute and board rules. The Board also corrected a clerical error in the original order to include the case number for the applicant's third claim of injury. This action essentially upheld the original settlement despite the applicant's stated misunderstanding.

Workers' Compensation Appeals BoardPetition for ReconsiderationCompromise and ReleaseOrder Approving Compromise and ReleaseClerical ErrorLabor Code Section 5902VerificationWCAB Rule 10842WCAB Rule 10846Cumulative Industrial Injury
References
Case No. ADJ3561857 (VNO 0554772) ADJ2827639 (VNO 0454845) ADJ2145376 (VNO 0254342) ADJ3779581 (VNO 0254343)
Regular
Dec 02, 2009

JIMMY RAYFORD vs. LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY

Reconsideration denied. Petitioner drafted the compromise and release; required information under Labor Code section 5003 was not included; WCAB Rule 10874 and its form were not followed.

Workers' Compensation Appeals BoardCompromise and ReleaseLabor Code section 5003WCAB Rule 10874Permanent Disability IndemnityReconsiderationAdministrative Law JudgeSelf-InsuredMetropolitan Transportation AuthorityNew Money
References
Case No. ADJ578550
Regular
Nov 19, 2010

JOSE ALBERTO MARTINEZ vs. AMY'S KITCHEN and CIGA, Intercare, Paula Insurance

This case involves a clerical error in a prior Workers' Compensation Appeals Board (WCAB) order. The Board issued an order correcting its November 17, 2010 Opinion and Order Denying Petition for Reconsideration. Specifically, the word "not" was omitted on page 2, line 21, affecting the interpretation of Labor Code section 5804. The correction clarifies that the cited section does not bar the Board from amending a WCJ's decision.

Workers' Compensation Appeals BoardOrder Correcting Clerical ErrorPetition for ReconsiderationOpinion and Order Dismissing PetitionDecision After ReconsiderationLabor Code Section 5804InterlineationsCIGAPaula InsuranceMajestic Insurance Company
References
Case No. ADJ7232076
Significant
Nov 04, 2011

TSEGAY MESSELE vs. PITCO FOODS, INC.; CALIFORNIA INSURANCE COMPANY

The Appeals Board grants reconsideration on its own motion to clarify that its prior en banc decision regarding the timeline for selecting a Qualified Medical Evaluator (QME) will apply prospectively to panel requests made after September 26, 2011, to avoid disrupting ongoing cases.

AME proposalQME panelLabor Code section 4062.2(b)prospective applicationclerical error correctionreconsideration on motionen banc decisionDWC NewslineCalifornia Applicants' Attorneys Associationprematurity objection
References
Case No. ADJ7003833, et al.
Regular
Nov 28, 2012

MARTHA AGUIRE, et al. vs. TWO STAR PERSONNEL, administered by SEDGWICK CMS, ; et al.

This order corrects clerical errors in a prior Board decision concerning a sanction against lien claimant Safety Works, Inc. The errors involved omitting a critical attachment listing cases for reconsideration and failing to include the firm Floyd, Skeren and Kelly on the service list. The Board is correcting these errors by adding the firm to the service list and attaching the missing document. This ensures all parties are properly notified and that the prior decision accurately reflects the proceedings.

Workers' Compensation Appeals BoardClerical ErrorsPetition for ReconsiderationWCJ SanctionLien ClaimantService ListInterlineationDecision After ReconsiderationSafety WorksInc.
References
Case No. ADJ4608615
Regular
Oct 19, 2009

NADINE TRAYLOR vs. THE BOEING COMPANY, BROADSPIRE CLAIMS SERVICE, AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY, AIG

Defendant sought reconsideration of an Order Approving Compromise and Release, which had already resolved the claim. The petition is dismissed as moot.

Petition for ReconsiderationCompromise and ReleaseAmendment Through InterlineationPayor IdentificationMoot PetitionWCABWorkers' Compensation JudgeOrder Approving Compromise and ReleaseBroadspire Claims ServiceAmerican Manufacturers Mutual Insurance Company
References
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