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

Case No. LAO 0778727
Regular
Sep 18, 2007

MICHAEL CHAPMAN vs. CURRAN'S CUSTOM PLASTERING, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration, rescinding the original decision that denied the applicant's psychiatric injury claim. The Board found the applicant's fall due to a broken scaffold plank constituted a "sudden and extraordinary employment condition," thus overcoming the six-month employment rule exception. The case is returned for further proceedings to determine compensability for the psychiatric injury.

Workers' Compensation Appeals BoardLabor Code § 3208.3(d)six-month rulepsychiatric injurysudden and extraordinary employment conditionMatea v. Workers' Comp. Appeals Bd.broken plankscaffold fallindustrial injurypermanent disability
References
1
Case No. SBR 0271963; SBR 0247442; SBR 0247444; SBR 0247445; VNO 0299465; LAO 0761513; LAO 0761514; LAO 0761515; LAO 0761516; LAO 0761517; LAO 0761518; LAO 0761519; LAO 0761520; LAO 0761521; LAO 0761522; LAO 0761523; LAO 0761524; LAO 0761525; LAO 0761526; LAO 0761527; LAO 0761528; LAO 0761529; LAO 0761530
Regular
Dec 10, 2007

EDAR Y. ROGLER vs. LAW OFFICES OF ROBERT E. JOHNSON; STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed an attorney's petition seeking to remove or disqualify Judge Kacey Joseph Keating from presiding over her cases. The WCAB found the petition for removal procedurally improper and the petition for automatic reassignment untimely, as prior hearings involving the judge had occurred. Furthermore, the WCAB denied the disqualification petition because the applicant failed to provide legally sufficient grounds or a required affidavit.

WCABPetition for RemovalPetition for Automatic ReassignmentPetition for DisqualificationWCJLabor Code Section 5311WCAB Rule 10453WCAB Rule 10452Code of Civil Procedure Section 641Attorney Applicant
References
0
Case No. ADJ568018 (LAO 0778727)
Regular
Feb 14, 2013

MICHAEL CHAPMAN vs. CURRAN'S CUSTOM PLASTERING, STATE COMPENSATION INSURANCE FUND

This case is rescinded and returned to the trial level due to a reported settlement between the parties. The Workers' Compensation Appeals Board (WCAB) is acting on this information to avoid proceeding with the reconsideration of a prior decision. If the settlement is not approved by the judge, the prior decision may be reinstated.

WCABReconsiderationRescindedTrial LevelWCJSettlementApplicantDefendantCurrans Custom PlasteringState Compensation Insurance Fund
References
0
Case No. ADJ131017 (LAO 0815948) MF ADJ1039868 (LAO 0870358) ADJ1221695 (LAO 0851051) ADJ2892929 (LAO 0851057) ADJ3951418 (LAO 0851054) ADJ4026047 (LAO 0851053) ADJ4055891 (LAO 0730357) ADJ4706034 (LAO 0851052) ADJ4482258 (LAO 0851055) ADJ1151051 (LAO 0851056)
Regular
Nov 30, 2010

MARIA SANCHEZ vs. ANGELO & MARIE LAPARULO, USAA CASUALTY INSURANCE COMPANY, Administered By LIBERTY MUTUAL/HELMSMAN MANAGEMENT SERVICES, INC.

The Workers' Compensation Appeals Board dismissed Maria Sanchez's Petition for Reconsideration because it was "skeletal" and failed to comply with Board Rules. The petition did not provide specific references to the record or legal principles to support its claims of judicial discretion abuse. Sanchez also failed to adequately state the material evidence supporting her contentions or discuss the evidence relevant to her claimed industrial injuries. Finally, a supplemental letter was rejected as it violated rules prohibiting unsolicited supplemental filings.

Petition for ReconsiderationDismissalBoard Rule 10846Board Rule 10842Skeletal PetitionInsufficient InformationPreponderance of EvidenceJudicial DiscretionSupplemental PetitionLabor Code Section 5813
References
0
Case No. LAO 0814077, LAO 0797706, LAO 0885924
Regular
Jul 14, 2008

TANNY L. ROBERTS vs. WEBER METALS, AMERICAN INSURANCE COMPANY/ASSOCIATES INDEMNITY CORPORATION, FIREMAN'S FUND INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration to further develop the record concerning the defendant's liability for vocational rehabilitation services. Issues include clarifying the apportionment of liability for rehabilitation benefits based on medical opinions and addressing the applicant's incarceration, which may affect benefit eligibility. The case is returned to the trial level for further proceedings and decision after clarifying these points.

Vocational RehabilitationJoint and Several LiabilityRetroactive BenefitsDelay RateApportionmentPermanent DisabilityQualified Injured WorkerNOPE LetterNotice of Potential EligibilityMedical Evidence
References
4
Case No. LAO 0805956, LAO 0775121, LAO 0786377
Regular
Feb 04, 2008

ROY T. TORRES vs. CITY OF LOS ANGELES

The applicant sought to disqualify the Workers' Compensation Judge (WCJ) due to alleged prejudicial statements made at a hearing concerning his attorney's request to be relieved. The WCJ denied having any bias or forming an unqualified opinion on the merits of the attorney's petition, explaining his comments were based on the attorney's usual practice. The Workers' Compensation Appeals Board (WCAB) found no reason to doubt the WCJ's statements and denied the disqualification petition, remanding the case for further proceedings.

Petition for DisqualificationLabor Code Section 5311WCAB Rule 10452WCJ RecusalPrejudicial StatementsPetition to Be Relieved of CounselIndustrial InjuriesManagement AnalystWorkers' Compensation Appeals BoardCode of Civil Procedure Section 641
References
0
Case No. LAO 0860371, LAO 0831137, LAO 0834273
Regular
Jul 11, 2008

CESAR MAGANA vs. NORCO INDUSTRIES, INC., ACCA for EVEREST NATIONAL INSURANCE COMPANY, CALIFORNIA INDEMNITY COMPANY, STATE COMPENSATION INSURANCE FUND

This case involves Everest National Insurance Company's petition for reconsideration of an arbitrator's decision denying its claim for contribution from State Compensation Insurance Fund (SCIF). The arbitrator found Everest was not entitled to contribution for temporary disability or vocational rehabilitation benefits. The appeals board affirmed the arbitrator's award, determining that Everest failed to establish that SCIF was liable for a cumulative trauma injury, which is a prerequisite for contribution under Labor Code section 5500.5.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationFindings and Awardcontributiontemporary disability indemnityself-procured medical treatmentvocational rehabilitation benefitsQualified Injured Worker (QIW)cumulative trauma injuryspecific injury
References
2
Case No. LAO 0792287, LAO 0792288, LAO 0792289
Regular
Aug 22, 2008

JOSE A. MONTALVO vs. COMMUNITY CLUB SERVICE, INC.; CIGA by INTERCARE for RELIANCE INSURANCE, in liquidation

The WCAB granted lien claimant's petition for reconsideration, deferred Dr. Konstat's lien, affirmed other aspects, and remanded for further proceedings. Coast Plaza Doctors Hospital's lien was disallowed.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationSupplemental Findings and OrdersPrimary Treating PhysicianIndustrial InjuryMusculoskeletal InjuriesPsychiatric TreatmentAuthorizationDetrimental Reliance
References
2
Case No. LAO 0774175, LAO 0777678, LAO 0778097
Regular
Feb 26, 2008

FRANCISCO ARAU MEZA vs. PLATINUM DYEING & FINISHING, REDLAND INSURANCE COMPANY, RELIANCE NATIONAL INSURANCE COMPANY/CIGA

This case involves Redland Insurance Company's petition for reconsideration of an arbitrator's decision awarding contribution from Redland to CIGA for medical and rehabilitation expenses. Redland argued a prior decision settled all contribution rights, but the Board found that the earlier decision did not address CIGA's contribution rights and therefore CIGA did not waive them. The Board denied Redland's petition, allowing the arbitrator to determine the proper remedy for CIGA's contribution claim.

WCABRedland Insurance CompanyCIGAcontributionarbitrationCompromise & Releaseindustrial injuryback injuryneck injurycumulative trauma
References
0
Case No. LAO 0824587, LAO 0864707, LAO 0853916
Regular
Jul 21, 2008

FRANCISCA UMANZOR vs. 99 CENTS ONLY STORES, Permissibly Self-Insured

The Workers' Compensation Appeals Board granted reconsideration to correct a clerical error in the permanent disability indemnity award for a 2002 injury, reducing it from $8,556.25 to the correct amount of $6,475.00 for 14% disability. The Board also allowed the defendant credit for over $11,000 in permanent disability advances paid to the applicant, which the original judge had failed to address. Otherwise, the WCAB affirmed the judge's original decisions regarding the applicant's injuries and permanent disability ratings.

Workers' Compensation Appeals BoardReconsiderationPermanent Disability IndemnityApportionmentCredit for AdvancesSupplemental FindingsPartial AwardOrthopedic Permanent DisabilityLabor Code Section 4909Attorney Fees
References
1
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