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Case Law Database

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

Case No. ADJ2244538 (LAO 0883304)
Regular
Jul 29, 2011

MELVIN ISAAC vs. PARAMOUNT PICTURES

This case involves the Workers' Compensation Appeals Board (WCAB) removing a matter on its own motion to review a Compromise and Release (C&R) order. The WCAB issued a Notice of Intention to approve the C&R with addenda, allowing parties 20 days to object. As no objections were received, the WCAB rescinded the WCJ's prior approval and entered a new order approving the C&R with the addenda. The cases are now returned to the trial level for further proceedings.

Workers' Compensation Appeals BoardRemovalCompromise and ReleaseAddendaWCJ OrderRescindedApprovedTrial LevelParamount PicturesMelvin Isaac
References
0
Case No. ADJ8350670
Regular
Jun 24, 2014

SALOMON LOPEZ vs. D & T FOODS, ILLINOIS MIDWEST INSURANCE CO.

This case involves a dispute over the approval of a Compromise and Release (C&R) in a workers' compensation claim. The applicant sustained injuries to his back, legs, and abdomen. The WCJ issued an order requiring further medical evaluation despite the parties filing an amended C&R. The defendant petitioned for removal, arguing the WCJ's order was inappropriate. The Appeals Board granted the petition, rescinded the WCJ's order, and approved the amended C&R, awarding the applicant a net recovery of $15,335.71.

Petition for RemovalCompromise and ReleaseWCJ OrderQME evaluationAME evaluationabdominal aspectsdriver unloaderindustrial injurypermanent disability advancesattorney's fee
References
0
Case No. ADJ6886930
Regular
Oct 11, 2010

MARIA TERESA RODRIGUEZ vs. MOUNTAIN F ENTERPRISES INC., STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration of an order that reduced the agreed-upon attorney's fee in a death benefit and serious and willful misconduct compromise and release. The Board found the WCJ's reasons for the reduction inadequate and intended to amend the order to approve the original $38,500 attorney's fee. This is being done after providing applicant's counsel an opportunity to comply with procedural requirements regarding fee increases, and applicant notice of her right to seek independent counsel.

AMENDED COMPROMISE AND RELEASESERIOUS AND WILLFUL MISCONDUCTPETITION FOR RECONSIDERATIONGUARDIAN AD LITEMATTORNEY'S FEE REDUCTIONINDUSTRIAL INJURYDEATH CLAIMDEPENDENTSWAGESLABOR CODE
References
6
Case No. WCK0071378
Regular
Aug 07, 2008

KEN RYERSON vs. NESTLE COMPANY, Permissibly Self-Insured, adjusted by SEDGWICK

This case involves a worker's compensation appeal concerning temporary disability and vocational rehabilitation rates. However, the parties submitted a compromise and release agreement for $140,000.00 to settle all claims, including potential death benefits for dependents. The Board granted reconsideration, rescinded its prior decision, and approved the settlement as fair, reasonable, and in the applicant's best interest, considering the release of death benefits and the absence of specific vocational rehabilitation protections.

Compromise and ReleaseVocational Rehabilitation Delay RateThomas FindingRogers ReleaseDeath BenefitsCumulative Industrial InjuryBilateral Upper ExtremitiesNeckSpineBack
References
2
Case No. ADJ6780734
Regular
Sep 08, 2011

Venessa Vielma vs. The Pape Group, Hartford Insurance Company of the Midwest

The Appeals Board granted reconsideration because the WCJ issued an Order Approving Compromise and Release one day after the jurisdictional 15-day period to act on the applicant's petition for reconsideration had expired. This untimely action rendered the WCJ's Order and the prior Findings, Award and Order without jurisdiction. Therefore, the Board rescinded both the Order Approving Compromise and Release and the Findings Award and Order. The matter is returned to the trial level for further review of the settlement by the WCJ.

Writ of MandatePetition for ReconsiderationCompromise and ReleaseOrder Approving Compromise and ReleaseFindings Award and OrderAdministrative Law JudgeAppeals BoardIndustrial InjuryPermanent DisabilityApportionment
References
2
Case No. ADJ9876334
Regular
Dec 12, 2017

ERIC DOZIER vs. KAISER PERMANENTE, permissibly self-insured, administered by SEDGWICK CMS

The Workers' Compensation Appeals Board dismissed Kaiser Permanente's petition for reconsideration because the order they sought to appeal was not a final order. They also denied the petition for removal, finding no substantial prejudice or irreparable harm. The Board further clarified that the applicant's petition for reconsideration was timely due to a defective service designation on the original Order Approving Compromise and Release. Finally, the WCJ acted within their authority to rescind the Order Approving Compromise and Release after a timely reconsideration petition was filed.

WCABPetition for ReconsiderationPetition for RemovalFinal OrderInterlocutory OrderSubstantial PrejudiceIrreparable HarmOrder Approving Compromise and ReleaseOACRDefective Service
References
6
Case No. ADJ1306333 (LAO 0818594) ADJ719747 (LAO 0818595) ADJ2637714 (LAO 0865003)
Regular
Jun 09, 2011

ARMIDA PUGA vs. C&D AEROSPACE RISK ENTERPRISE MANAGEMENT for ATLANTIC MUTUAL INSURANCE COMPANY, GAB ROBBINS for CALIFORNIA CASUALTY INSURANCE COMPANY & SUPERIOR NATIONAL INSURANCE COMPANY

The Appeals Board dismissed Atlantic Mutual's Petition for Reconsideration as there was no final order to reconsider. However, the Board granted removal to address the underlying issue. They rescinded the WCJ's order that rescinded a prior approval of a Compromise and Release. Consequently, the original Order Approving Compromise and Release, issued on January 26, 2011, is effectively reinstated.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalOrder Approving Compromise & ReleaseOrder Rescinding OrderMaterial Mistake of FactDue ProcessThird Party AdministratorPrincipalRehabilitation
References
0
Case No. ADJ4139709
Regular
Jan 14, 2010

JORGE HERRERA vs. ROMANO'S MACARONI GRILL, LIBERTY MUTUAL INSURANCE COMPANY

The Applicant filed a petition for reconsideration from a non-final Notice of Intention to Dismiss, which is procedurally improper. Simultaneously, a different judge approved a Compromise and Release Agreement on the same day the petition was filed, an action beyond the judge's authority once the petition was pending. The Board dismissed the Applicant's petition for reconsideration and, on its own motion, granted reconsideration of the approved Compromise and Release. Consequently, the Order Approving Compromise and Release was vacated and the matter remanded for further consideration of the agreement.

Petition for ReconsiderationOrder of DismissalMandatory Settlement ConferenceCompromise and Release AgreementNotice of Intention to DismissWorkers' Compensation Appeals BoardWCJEAMSLabor CodeFinal Order
References
0
Case No. ADJ9366379
Regular
Mar 14, 2016

NOEMI PADILLA vs. MALARKEY ROOFING, LIBERTY MUTUAL INSURANC COMPANY

The applicant sought reconsideration of an Order Approving Compromise and Release due to a mathematical error in calculating the attorney's fee. The Appeals Board granted reconsideration, rescinded the original order, and returned the matter to the trial level. The purpose is to allow the parties to amend the Compromise and Release to correct the attorney's fee error, with the judge to determine if the original order should be reinstated or an amended one approved. Chairwoman Caplane noted the applicant's attorney must ensure compliance with WCAB Rule 10778 regarding notice of adverse interest and the right to independent counsel.

Petition for ReconsiderationOrder Approving Compromise and ReleaseAttorney's FeeMutual MistakeRescindTrial LevelWCAB Rule 10778Adverse InterestIndependent CounselCompromise and Release Amendment
References
1
Case No. ADJ3835561 (GOL 0099475)
Regular
Jul 12, 2011

CESAR HERNANDEZ vs. J.D. HUMANN LANDSCAPING, INC., NATIONAL LIABILITY AND FIRE INSURANCE COMPANY, AMERICAN COMMERCIAL CLAIMS ADMINISTRATORS

The defendant sought reconsideration of an order setting aside a compromise and release, alleging the order was ex-parte and issued without notice. However, the defendant later withdrew its petition, explaining it was unaware of lien claimant correspondence and had since negotiated a resolution for attorney fees. The Board dismissed the defendant's petition for reconsideration and remanded the case to the trial level for further proceedings. This action allows for reinstatement of the original compromise and release and approval of the negotiated stipulation for attorney fees.

WCABPetition for ReconsiderationOrder Setting Aside Order Approving Compromise and ReleaseEx-parteLien ClaimantEstate of Michael StevensStipulation and AwardAttorney FeesRemandTrial Level
References
0
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