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

Case No. LAO 854183
Regular
Nov 26, 2007

ELIAS SABA vs. PENG CHENG ALUMINUM, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration of a prior decision. This reconsideration is necessary to allow the Board further time to thoroughly study the factual and legal issues. The WCAB will issue a decision after this further review, and all future communications regarding this case should be directed to the Reconsideration Unit.

Petition for ReconsiderationWorkers' Compensation Appeals BoardElias SabaPeng Cheng AluminumState Compensation Insurance FundLAO 854183August 30 2007Statutory time constraintsFactual and legal issuesJust and reasoned decision
References
0
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. 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 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 0764631, LAO 0764634, LAO 0786522
Regular
Sep 18, 2007

MYRTLE HOWE vs. COUNTY OF LOS ANGELES

The Workers' Compensation Appeals Board rescinded an Administrative Law Judge's award due to issues with apportionment of the applicant's permanent disability. The Board remanded the case to allow for reconsideration of orthopedic apportionment based on an Agreed Medical Evaluator's report and psychiatric apportionment under Labor Code § 4664. Additionally, the Board ordered a re-evaluation of the timeliness and correctness of permanent disability advance payments, as well as potential penalties.

ApportionmentLabor Code § 4663Labor Code § 4664Permanent Total DisabilityAgreed Medical EvaluatorOrthopedic Permanent DisabilityPsyche DisabilityPermanent Disability AdvancesPenaltyWCJ Findings
References
1
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 821430 LAO 821889 LAO 827768
Regular
Jul 16, 2007

JOSE BALTAZAR B. ESTRADA vs. DOTY BROTHERS, NATIONAL UNION FIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior award because the original decision lacked sufficient detail to explain the judge's reasoning. The Board found that the judge's opinion was not detailed enough to understand the basis for the determinations regarding psychological injury, headaches, and permanent disability. The case is returned to the trial level for further proceedings and a new decision, with the possibility of developing the medical record further and obtaining a Disability Evaluation Unit rating.

Workers' Compensation Appeals BoardJoint Findings and AwardReconsiderationJoint Findings and AwardIndustrial InjuryPsyche InjuryHeadachesPermanent DisabilityApportionmentLabor Code Section 3202
References
7
Case No. LAO 0805352, LAO 0805353, LAO 0863034
Regular
Jan 22, 2008

ANAIT KALANDZHYAN vs. L.A. CARE HEALTH PLAN, STATE COMPENSATION INSURANCE FUND, ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and rescinded a November 7, 2007 order that required payment of $800.00 for a lien. This rescission occurred because the lien had already been resolved for $625.00 via a prior, final order dated October 9, 2007. The Board agreed that the subsequent order was erroneous as it attempted to resolve an already settled matter.

Workers' Compensation Appeals BoardState Compensation Insurance FundZenith Insurance CompanyL.A. Care Health PlanStipulation and OrderLien ClaimantNormandy PharmacyCompromise and ReleaseWorkers' Compensation Administrative Law JudgePetition for Reconsideration
References
0
Case No. LAO 0850232, LAO 0850233, LAO 0850234
Regular
Mar 14, 2008

HAI QING HUANG vs. CHUNG KING RESTAURANT, ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board (Appeals Board) denied Hai Qing Huang's petition for reconsideration, adopting the WCJ's report as the basis for the denial. The Board noted a minor clerical error where the WCJ's report incorrectly referenced the "Division of Workers' Compensation" instead of the "Workers' Compensation Appeals Board" in its headings, and ordered this correction to be made. The denial of reconsideration stands based on the existing record.

Workers' Compensation Appeals BoardDenial of ReconsiderationWCJ ReportJudicial AuthorityOriginal JurisdictionDelegated PowersInitial DeterminationsReconsideration PetitionDivision of Workers' CompensationStatutory Authority
References
0
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
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