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

Case No. MISSING
Regular Panel Decision
Apr 07, 1979

Claim of Lennon v. Kaiser

The Workers’ Compensation Board reversed a referee’s decision, determining that on January 24, 1975, the claimant was an employee of partners Ralph Kaiser and William Benson, and sustained injuries during employment. Testimony revealed conflicts regarding the claimant’s employment status and duties. Kaiser stated he never met the claimant until the day of the incident and instructed him to stay on the ground, yet admitted to an oral partnership with Benson and sharing profits. The claimant, conversely, testified both partners gave him directions, with Kaiser telling him to push shingles, and Benson having previously paid him. Despite the conflicting accounts, the board's finding of employment and injury was affirmed due to substantial evidence in the record.

Workers' CompensationEmployment RelationshipPartnershipAccidentInjurySubstantial EvidenceAppellate ReviewConflicting TestimonyRoofing BusinessEmployee Status
References
0
Case No. ADJ3093533 (MON 259690) ADJ676332 (MON 257523)
Regular
May 15, 2009

PEARLENE POWELL vs. SO. CALIFORNIA PERMANENTE MEDICAL GROUP, KAISER PERMANENTE MEDICAL CARE PROGRAM; ST. JOHN'S HEALTH CENTER, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

The Appeals Board denied Kaiser's petition for reconsideration, upholding the finding that the applicant's permanent disability was 100% and not subject to apportionment to St. John's employment. St. John's petition for reconsideration was granted in part to correct a procedural error. The Board amended the prior decision to reinstate the applicant's January 11, 2005 Amended Findings, Award and Order, confirming the prior findings.

ApportionmentAgreed Medical ExaminerSubstantial EvidencePermanent DisabilityReconsiderationPetitionFindings and OrderAmended FindingsAwardOrder
References
1
Case No. ADJ3813213 (LAO 0880628) ADJ426875 (LAO 0739120) ADJ448791 (LAO 0739119)
Regular
May 18, 2015

ALEXANDRA McSPORRAN vs. MIDWAY HOSPITAL, TRAVELERS PROPERTY CASUALTY COMPANY, KAISER PERMANENTE FOUNDATION HOSPITAL, UCLA MEDICAL CENTER

This case involves applicant Alexandra McSporran's claims for industrial injuries sustained as a nurse across three distinct periods ending in 1999, 2003, and 2008, against defendants Midway Hospital, Travelers, Kaiser, and UCLA. The Workers' Compensation Appeals Board (WCAB) denied reconsideration for both the applicant and Kaiser. The applicant argued for a single cumulative injury and against apportionment of permanent disability, while Kaiser raised statute of limitations and evidentiary objections. The WCAB adopted the WCJ's reasoning, denying both petitions and affirming the prior award.

Workers' Compensation Appeals BoardAlexandra McSporranMidway HospitalTravelers Property Casualty CompanyKaiser Permanente Foundation HospitalUCLA Medical CenterPermissibly Self-InsuredJoint Findings Award and Ordercumulative injurystatute of limitations
References
0
Case No. ADJ461140 (MON 0313465) ADJ7648143
Regular
Jul 10, 2013

MARIA MARTIN vs. KAISER PERMANENTE

The Workers' Compensation Appeals Board denied Kaiser Permanente's petition for reconsideration. The Board adopted the WCJ's report, finding the defendant's factual misstatement regarding Dr. Sohn's apportionment testimony significant. Despite Kaiser's assertions, the Board affirmed the applicant's 100% permanent total disability after applying a small portion of non-industrial apportionment to the lumbar spine. This apportionment did not alter the applicant's inability to compete in the open labor market.

Workers' Compensation Appeals BoardKaiser PermanentePetition for ReconsiderationDeniedWCJDr. SohnLumbar SpineNon-Industrial ApportionmentPermanently Totally DisabledBenson Case
References
1
Case No. 2019 NY Slip Op 05367 [174 AD3d 1017]
Regular Panel Decision
Jul 03, 2019

Matter of City of Plattsburgh (Plattsburgh Permanent Firemen's Assn.)

The City of Plattsburgh, the appellant, appealed an order from the Supreme Court that denied its application to permanently stay arbitration with the Plattsburgh Permanent Firemen's Association. The dispute originated from a collective bargaining agreement (CBA) which stipulated a minimum staffing level of 36 firefighters and prohibited layoffs. When a firefighter retired, reducing the staff to 35, the City refused to fill the vacancy, citing financial reasons, leading the Firemen's Association to demand arbitration. The Supreme Court denied the City's application to stay arbitration and granted the Association's motion to compel. The Appellate Division reversed this decision, ruling that the disputed CBA provision was a job security clause. The court found that this clause did not explicitly demonstrate the City's intent to waive its right to reduce staffing for budgetary or economic reasons, thus violating public policy and rendering the dispute non-arbitrable. A concurring opinion further noted that the clause also violated public policy due to its unreasonable duration.

ArbitrationCollective Bargaining AgreementJob Security ClausePublic PolicyStaffing LevelsFirefighters UnionBudgetary ConstraintsAppellate DivisionCPLR Article 75Stay Arbitration
References
8
Case No. ADJ7917795
Regular
May 16, 2014

SANDRA DELGADO vs. KAISER PERMANENTE, PERMANENT INJURIES BENEFITS TRUST FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration, rescinded the previous award, and returned the case for further proceedings. The WCAB found that the administrative law judge's (ALJ) finding of 100% permanent disability was not supported by substantial medical evidence. Furthermore, it was unclear if the subsequent injury solely caused the increased disability given stipulations regarding a prior injury's worsening. The WCAB directed the ALJ to ensure a proper record and make specific findings on all disputed issues, including permanent disability, the subsequent injury's contribution, and potential SIBTF credits.

Subsequent Injuries Benefits Trust FundPetition for ReconsiderationFindings and AwardPermanent DisabilityApportionmentSubstantial Medical EvidenceLabor Code section 4753Agreed Medical EvaluatorWCJWorkers' Compensation Appeals Board
References
8
Case No. ADJ4146224 (SBR 0296668) ADJ1272169 (SBR 0296667)
Regular
Oct 28, 2013

KATHLEEN ZAMANJAHROMI vs. KAISER FOUNDATION HOSPITAL

This case involves Kathleen Zamanjahromi seeking increased permanent disability benefits for an industrial injury. The Workers' Compensation Appeals Board (WCAB) denied Kaiser Foundation Hospital's petition for reconsideration. The WCAB affirmed the finding of good cause to reopen a prior stipulated award for new and further disability, resulting in a 96% permanent disability rating. The defendant's argument that SB 899's apportionment provisions applied to the original award was rejected. The WCAB clarified that SB 899's apportionment applies to new and further disability but cannot retroactively alter prior findings.

Petition for ReconsiderationNew and Further DisabilityLabor Code Section 5410Senate Bill 899ApportionmentStipulated AwardReopeningFinal OrderWorkers' Compensation Appeals BoardAgreed Medical Examiner
References
7
Case No. ADJ9002100
Regular
Feb 05, 2015

KENA PIERRE vs. KAISER PERMANENT, SEDGWICK CMS

The Workers' Compensation Appeals Board denied Kaiser Permanente's petition for reconsideration of an earlier decision. The Board adopted the findings of the Workers' Compensation Administrative Law Judge (WCJ), giving significant weight to the judge's credibility determination of the applicant. The WCJ found the applicant's testimony credible, despite minor inconsistencies, and supported by medical opinions from treating and QME physicians. The defendant's arguments regarding the substantiality of the evidence were rejected, and the judge's credibility assessments of defense witnesses were also unfavorable.

AOE/COEPetition for ReconsiderationCredibility DeterminationWCJSubstantial EvidencePsychiatric InjurySexual HarassmentLicensed Vocational NurseWorkers' Compensation Appeals BoardQME
References
0
Case No. ADJ237483
Regular
Nov 13, 2012

RAYEK J. FAHOUM vs. KAISER FOUNDATION HOSPITAL

The Workers' Compensation Appeals Board denied Rayek J. Fahoum's petition for reconsideration, upholding the findings of the Workers' Compensation Judge. The Judge's report found Fahoum sustained industrial injury to his neck and low back with secondary chronic pain syndrome, awarding 41% permanent disability. This decision relied on the opinions of the Agreed Medical Examiner and Dr. Renee Rinaldi, who concluded Fahoum experienced symptom magnification and that his condition was chronic pain syndrome, not fibromyalgia as claimed by Dr. Allen Salick. The Board extended great weight to the Judge's credibility findings regarding the medical opinions.

Workers' Compensation Appeals BoardReconsideration DeniedAgreed Medical ExaminerSubstantial Medical EvidenceFibromyalgiaChronic Pain SyndromeSymptom MagnificationOrthopedic InjuryLumbosacral StrainCervical Strain
References
4
Case No. ADJ427560 (VNO 0474553)
Regular
Jun 27, 2016

Sharon Shinedling vs. Kaiser Permanente, Sedgwick Claims Management Services

The Workers' Compensation Appeals Board granted Kaiser Permanente's Petition for Reconsideration to amend a clerical error in the original Findings and Award. The original award found the applicant $100\%$ permanently disabled due to a May 2, 2002 injury as a social worker. The amendment clarifies that Dr. Alban's apportionment is valid, attributing $80\%$ of the lumbar spine disability to the date of injury. All other aspects of the original award remain affirmed.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardPermanent DisabilityLabor Code section 4750ApportionmentLumbar spineClerical errorWCJSedgwick Claims Management Services
References
0
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