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

Case No. ADJ964606 (OXN 0129495) ADJ800629 (OXN 0143959)
Regular
Jun 30, 2010

MARIA DE LOS ANGELES SEGURA vs. TECHNICOLOR, CHUBB GROUP LOS ANGELES, SPECIALTY RISK LA HABRA

The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior award, and found that Westlake Spine and Outpatient Surgery Center's lien was barred by the statute of limitations under Labor Code section 4903.5(a). Westlake provided services in January 2005, but only filed its lien in January 2008, over five years after the injury date and more than six months after the approval of a compromise and release agreement. The Board found Westlake's delay and failure to properly file and serve its lien estopped it from recovery. Therefore, Westlake is not entitled to further reimbursement beyond the amount already paid.

Workers Compensation Appeals BoardLien ClaimStatute of LimitationsLachesReconsiderationIndustrial InjuryReimbursementLabor Code Section 4903.5Compromise and ReleaseMandatory Settlement Conference
References
0
Case No. MISSING
Regular Panel Decision
Mar 29, 1999

Claim of Fisher v. Combined Life Insurance

In November 1995, the claimant suffered work-related injuries to his neck, back, and knee. He received workers' compensation benefits for total disability until January 5, 1996. Subsequently, the employer challenged his entitlement to partial disability benefits, asserting that the claimant had no reduced earnings after that date. The Workers' Compensation Board ultimately concluded that the claimant's wage earning capacity in 1996 surpassed his average weekly wage, thereby denying benefits post-January 5, 1996. The appellate court affirmed the Board's decision, finding sufficient evidence to support the factual determination that the claimant's 1996 income from self-employment constituted earnings rather than profits under Workers’ Compensation Law § 15 (5-a).

Workers' CompensationPartial DisabilityReduced EarningsWage Earning CapacitySelf-Employment IncomeProfits vs. EarningsBoard FindingsFactual IssuesCredibilityAppellate Review
References
3
Case No. 2025 NY Slip Op 00411 [234 AD3d 623]
Regular Panel Decision
Jan 28, 2025

Rodriguez v. Riverside Ctr. Site 5 Owner LLC

Richard Rodriguez, a delivery truck driver, sustained injuries after falling into a hole at a construction site. The Supreme Court initially granted summary judgment to defendants Riverside Center Site 5 Owner LLC, Tishman Construction Corporation, and Five Star Electric Corp., dismissing Rodriguez's Labor Law claims. Upon appeal, the Appellate Division, First Department, modified the lower court's decision. The court reinstated Rodriguez's Labor Law § 240 (1) claim, granting him partial summary judgment on liability, reasoning that his tile delivery work was "necessary and incidental" to a protected activity under the statute. However, the dismissal of the Labor Law § 200 claim against Five Star Electric Corp. was affirmed, as Five Star, an electrical contractor, was deemed not a proper Labor Law defendant with supervisory control over the injury site.

Labor LawConstruction AccidentSummary JudgmentAppellate ReviewStatutory InterpretationPersonal InjuryDuty of CareWorker SafetyProtected ActivityThird-Party Action
References
9
Case No. ADJ3210598 (SAC 0322261)
Regular
Dec 24, 2010

JOAN NEWLANDS vs. MARRIOTT VACATION INTERNATIONAL, dba TIMBER LODGE & GRAND RESIDENCES CLUB

The Workers' Compensation Appeals Board granted reconsideration to correct a clerical error, amending the original finding to state the applicant was not temporarily totally disabled since January 7, 2005, rather than January 1, 2005. The Board affirmed the administrative law judge's decision, which was based on the applicant's poor credibility and conflicting medical evidence regarding her alleged condition. The judge's findings, particularly regarding credibility, were accorded great weight and supported by substantial evidence. The applicant's industrial injury to both upper extremities was admitted.

Workers' Compensation Appeals BoardMarriott Vacation InternationalTimber LodgeGrand Residences ClubPermissibly Self-InsuredApplicantDefendantIndustrial InjuryUpper ExtremitiesElbows
References
3
Case No. LAO 0842819
Regular
Sep 04, 2007

JUAN M. VILLALOBOS vs. ANCRA INTERNATIONAL, GALLAGHER BASSETT SERVICES, INC.

This case concerns the application of the correct permanent disability rating schedule for an industrial injury occurring before January 1, 2005. The applicant sought to apply the prior rating schedule, arguing specific medical reports indicated permanent disability. However, the Workers' Compensation Appeals Board denied reconsideration, affirming the use of the revised rating schedule. The Board found no qualifying pre-January 1, 2005 medical report indicating the applicant was permanent and stationary, nor was the employer required to issue notice under Labor Code § 4061 until after that date.

WCABReconsiderationSupplemental Findings and AwardIndustrial InjuryLower BackPermanent DisabilityRevised Rating SchedulePrior Rating ScheduleLabor Code Section 4061Labor Code Section 4660(d)
References
4
Case No. 2020 NY Slip Op 06428 [188 AD3d 1389]
Regular Panel Decision
Nov 12, 2020

Matter of Rybka v. Central N.Y. Psychiatric Ctr.

William Rybka, the claimant, appealed a decision by the Workers' Compensation Board regarding a schedule loss of use (SLU) award for a 2017 left hip injury. Rybka had a pre-existing 17.5% SLU to his left leg from a 2005 injury. For the 2017 injury, a medical examiner found a 30% SLU to the left hip, which a Workers' Compensation Law Judge (WCLJ) determined to be an overall 30% SLU of the left leg. The WCLJ then deducted the prior 2005 SLU, resulting in a 12.5% SLU award for the 2017 claim. The Workers' Compensation Board affirmed this decision, and the Appellate Division, Third Department, upheld the Board's interpretation and application of relevant precedent, affirming the SLU award.

Workers' CompensationSchedule Loss of Use (SLU)Left Leg InjuryLeft Hip InjuryPrior Injury DeductionAppellate ReviewMedical Examiner ReportWorkers' Compensation BoardPrecedent (Matter of Genduso)Third Department (Appellate Division)
References
5
Case No. GRO 0031310
Regular
May 02, 2008

RONALD CHRISTENSEN vs. CALIFORNIA POLYTECHNIC SAN LUIS OBISPO; Permissibly Self-Insured c/o SEDGWICK CMS

This case concerns an applicant injured before January 1, 2005, who sought reconsideration of a finding of no permanent disability. The Appeals Board denied reconsideration, holding that the 2005 permanent disability rating schedule applies unless specific exceptions under Labor Code section 4660(d) are met. Since no pre-2005 report indicated permanent disability, the WCJ correctly applied the 2005 schedule.

Permanent disability rating scheduleLabor Code section 4660AD Rule 9805prospective applicationexceptionsAldi v. CarrMcClellanIngersollThompson & HornCostco Wholesale Corp. v. Workers' Comp. Appeals Bd. (Chavez)
References
2
Case No. STK 181253
Regular
Sep 21, 2007

VIRGINIA NENITA CORTEZ vs. VILLA MARCHE, INC., UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Workers' Compensation Appeals Board granted reconsideration to apply the 2005 Schedule for Permanent Disability Ratings instead of the 1997 Schedule. The Board found that no exceptions applied to require the older schedule, as no pre-2005 comprehensive medical-legal reports or treating physician reports indicated permanent disability, and the last temporary disability payment occurred after January 1, 2005. Therefore, the case was returned for a new decision under the 2005 Schedule.

Uninsured Employers Benefits Trust FundLabor Code section 4660(d)1997 Schedule2005 SchedulePermanent and StationaryComprehensive Medical-Legal ReportTreating Physician ReportTemporary Disability IndemnitySection 4061 NoticeAldi v. Carr
References
6
Case No. ADJ1072155 (OXN 0136887)
Regular
Jul 20, 2009

JUAN ARELLANO vs. CENTRAL COAST, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and reversed the trial judge's decision, holding that the 2005 Permanent Disability Rating Schedule (PDRS) applies to applicant's case, not the 1997 PDRS. The Board found that the treating physician's reports did not sufficiently indicate the existence of permanent disability prior to January 1, 2005, to qualify for an exception to the 2005 PDRS. Therefore, the case was returned for further proceedings to apply the 2005 PDRS for rating permanent disability.

Permanent Disability Rating ScheduleLabor Code section 4660(d)treating physician report1997 PDRS2005 PDRSreconsiderationWCJmedical-legal reportcomprehensive medical reportwork restriction
References
8
Case No. ANA 0385112
Regular
Feb 15, 2008

LIANA SAENZ vs. ORANGE COUNTY DEPARTMENT OF EDUCATION, Permissibly Self-Insured, Adjusted By SOUTHERN CALIFORNIA RISK MANAGEMENT ASSOCIATES, INC.

This case involves a dispute over which workers' compensation permanent disability rating schedule to apply. The applicant sustained injury before January 1, 2005, but the defense QME report determining her permanent and stationary status was dated November 2004 but not signed until February 2005. The Appeals Board granted reconsideration to apply the 1997 Schedule, finding that the date of the physician's evaluation, not the signing date of the report, should control when an exception to the 2005 Schedule is invoked for pre-2005 injuries.

Workers' Compensation Appeals BoardCumulative trauma injuryPermanent disability rating2005 Schedule1997 ScheduleLabor Code section 4660(d)Qualified Medical EvaluatorComprehensive medical-legal reportPermanent and stationary statusDate of evaluation
References
3
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