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

Case No. ADJ7911474

Regular

Jan 22, 2019

KIA SPREWELL vs. STATE OF CALIFORNIA, RICHARD J. DONOVAN CORRECTIONAL FACILITY

This case involved Kia Sprewell's workers' compensation claim against the Richard J. Donovan Correctional Facility for injuries sustained as an office assistant. The defendant sought reconsideration of the initial award, primarily contesting the commutation method for attorney fees and the substantiality of the neurologist's medical opinions. The Workers' Compensation Appeals Board granted reconsideration in part, affirming the award of permanent disability but amending the attorney fees to be commuted from the side of the life pension award. The Board found the neurologist's opinions on apportionment and rating of various injuries, including headaches and spinal issues, to be substantial medical evidence.

Workers Compensation Appeals BoardKia SprewellRichard J. Donovan Correctional FacilityState Compensation Insurance FundPetition for ReconsiderationFindings and AwardPermanent DisabilityApportionmentLife PensionAttorney Fees

References

Case No. ADJ1816605 (POM 0286379)

Regular

Apr 12, 2012

CARLOS DELGADILLO vs. POWER DODGE KIA OF ONTARIO, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board dismissed Carlos Delgadillo's petition for reconsideration because it was a "skeletal, empty form" lacking any factual, legal, or specific issues. The Board adopted the administrative law judge's report and recommendation, which found the petition procedurally deficient. Therefore, the petition was dismissed.

Petition for ReconsiderationDismissedSkeletal PetitionEmpty FormWCABWorkers' Compensation Administrative Law JudgeReport and RecommendationRecord ReviewApplicantDefendant

References

Case No. ADJ9297080

Regular

Aug 17, 2015

MARK VILLANUEVA vs. FOLSOM LAKE KIA, PUBLIC SERVICE MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The defendant argued that the dual purpose rule didn't apply and questioned the applicant's credibility regarding whether he was working for the employer or on his own car. The Board found the defendant's petition was timely filed. The Board adopted the WCJ's reasoning and denied reconsideration.

Workers' Compensation Appeals BoardFolsom Lake KiaPublic Service Mutual Insurance CompanyCorvel CorporationFindings and AwardDual Purpose RuleCredible WitnessPetition for ReconsiderationTimelinessMail Service

References

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KIA SPREWELL vs. STATE OF CALIFORNIA, RICHARD J. DONOVAN CORRECTIONAL FACILITY

CARLOS DELGADILLO vs. POWER DODGE KIA OF ONTARIO, GALLAGHER BASSETT SERVICES, INC.

Petition for ReconsiderationDismissedSkeletal PetitionEmpty FormWCABWorkers' Compensation Administrative Law JudgeReport and RecommendationRecord ReviewApplicantDefendant

MARK VILLANUEVA vs. FOLSOM LAKE KIA, PUBLIC SERVICE MUTUAL INSURANCE COMPANY