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

Case No. ADJ6575620

Regular

May 09, 2011

Ruth Meeks vs. C.L. KNOX dba ADVANCED INDUSTRIAL SERVICES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed the employer's petition for reconsideration because it was unverified and the defect was not cured. The Board also denied the insurance carrier's petition, upholding the original finding that the applicant sustained an industrial injury. This decision was based on the administrative law judge's credibility findings regarding the applicant's intent to return to work after a break. The employee's memory impairment near the accident did not render her testimony unreliable for earlier events.

AOE/COEPetition for ReconsiderationUnverified PetitionLabor Code Section 5902Lucena v. Diablo Auto BodyWitness CredibilityCompensable InjuryIndustrial AccidentScope of EmploymentAdverse Inference

References

Case No. ADJ9781185

Regular

Jan 31, 2018

RHONDA KNOX vs. PRIME HEALTHCARE, LLC, THE HARTFORD

The Appeals Board rescinded the original Findings and Award due to an error in applying the statute of limitations. The original judge improperly relied on the date of denial, rather than the date of injury or provision of benefits, to dismiss the applicant's claim. The Board determined that the defendant failed to meet its burden of proof in establishing the applicant's date of injury for her cumulative trauma claim. The matter was returned to the trial level for further proceedings to properly determine the date of injury under Labor Code section 5412.

Cumulative traumaStatute of limitationsWorkers' Compensation Appeals BoardReconsiderationFindings and AwardClaim formMedical treatmentStatute of limitations barDate of injuryLabor Code

References

Case No. STK 0204368

Regular

Jun 20, 2008

JUDITH KNOX vs. DOCTOR'S MEDICAL CENTER, SPECIALTY RISK SERVICES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a prior finding that the applicant did not sustain a cumulative trauma injury. The Board found the Agreed Medical Evaluator's (AME) opinion lacked substantial evidence due to an incomplete medical history regarding the applicant's actual job duties and work schedule. The case is returned to the trial level for further development of the record, including a supplemental report from the AME.

Workers' Compensation Appeals BoardCumulative TraumaAgreed Medical EvaluatorSubstantial EvidenceMedical OpinionCausationReturn to Trial LevelFurther Development of RecordRescinded OrderSupplemental Report

References

Case No. ADJ6864635

Regular

Mar 16, 2017

AUDREY KNOX vs. DEPARTMENT OF HOSPITALS/PATTON, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to correct clerical errors in the original award. Specifically, the date of injury was amended to December 4, 2008, and injury to the right shoulder and right knee were added, consistent with stipulations and evidence. The WCAB affirmed the original award's findings on permanent disability and medical treatment. However, the WCAB denied the applicant's request for a 15% increase in permanent disability, agreeing that the employer met the statutory timeframe for offering return-to-work options.

Petition for ReconsiderationFindings and AwardPermanent DisabilityLabor Code section 4658(d)(2)Permanent and StationaryAgreed Medical ExaminerClerical ErrorReport and RecommendationStipulationsDepartment of State Hospitals

References

Case No. ADJ10183569

Regular

Dec 26, 2017

LEAMON PERKINS vs. DON L, KNOX, DLK CAPITAL INC., AMERICAN MODERN INSURANCE COMPANY

This Workers' Compensation Appeals Board decision dismisses a petition for reconsideration and denies a petition for removal. The Board found the WCJ's order denying a petition to vacate without prejudice was not a "final" order, thus precluding reconsideration. Furthermore, the Board denied removal, as the insurer failed to demonstrate substantial prejudice or irreparable harm from an order that preserves their right to address coverage issues at trial. The insurer can raise coverage disputes at the subsequent trial because the WCJ's prior order was not final.

Petition for ReconsiderationPetition for RemovalFinal OrderInterlocutory OrderSubstantive RightThreshold IssueWithout PrejudiceSubstantial PrejudiceIrreparable HarmExtraordinary Remedy

References

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Ruth Meeks vs. C.L. KNOX dba ADVANCED INDUSTRIAL SERVICES, STATE COMPENSATION INSURANCE FUND

AOE/COEPetition for ReconsiderationUnverified PetitionLabor Code Section 5902Lucena v. Diablo Auto BodyWitness CredibilityCompensable InjuryIndustrial AccidentScope of EmploymentAdverse Inference

RHONDA KNOX vs. PRIME HEALTHCARE, LLC, THE HARTFORD

Cumulative traumaStatute of limitationsWorkers' Compensation Appeals BoardReconsiderationFindings and AwardClaim formMedical treatmentStatute of limitations barDate of injuryLabor Code

JUDITH KNOX vs. DOCTOR'S MEDICAL CENTER, SPECIALTY RISK SERVICES

AUDREY KNOX vs. DEPARTMENT OF HOSPITALS/PATTON, STATE COMPENSATION INSURANCE FUND

LEAMON PERKINS vs. DON L, KNOX, DLK CAPITAL INC., AMERICAN MODERN INSURANCE COMPANY

Petition for ReconsiderationPetition for RemovalFinal OrderInterlocutory OrderSubstantive RightThreshold IssueWithout PrejudiceSubstantial PrejudiceIrreparable HarmExtraordinary Remedy