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

Case No. ADJ2329312 (LBO 0288049) ADJ3811046 (LBO 0238656) ADJ367597 (LBO 0348091)
Regular
Jul 15, 2009

MARISA CARLINI vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, SEDGWICK CMS-LAUSD DEDICATED UNIT

The Workers' Compensation Appeals Board dismissed LAUSD's petition for reconsideration and denied removal. LAUSD sought reconsideration of an order approving a Compromise and Release for prior injuries to applicant's back. The Board found LAUSD was not aggrieved by the order as its lien rights were protected and its substantive liabilities were not determined. Furthermore, LAUSD's request for consolidation was denied as it was moot and the prior cases were resolved.

Workers' Compensation Appeals BoardPetition for ReconsiderationDenying RemovalCompromise and ReleaseIndustrial InjuryCumulative InjurySpecific InjuryLos Angeles Unified School DistrictSan Pedro Peninsula HospitalClinical Coordinator
References
0
Case No. ADJ7082245
Regular
Jul 06, 2015

RONALD KLINE vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, SEDGWICK CMS

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to review the Administrative Law Judge's (ALJ) decision regarding Ronald Kline's claim against the Los Angeles Unified School District (LAUSD). The WCAB affirmed the original award of temporary and permanent disability benefits but rescinded the order holding accrued permanent disability indemnity in trust pending resolution of LAUSD's third-party credit claim. The Board found that this issue was improperly deferred at trial and the order violated due process by withholding benefits without proper adjudication of LAUSD's credit rights. Finally, the WCAB affirmed the ALJ's finding of no serious and willful misconduct by the employer, as the evidence did not establish the necessary intent for such a claim.

Petition for ReconsiderationFindings Award and OrdersTemporary total disabilityPermanent partial disabilityThird party credit claimAct of ViolenceSerious and willful misconductHorseplayCo-employee assaultExclusive remedy
References
11
Case No. ADJ9923966
Regular
Jul 10, 2017

JOYCE G. SEALS vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured

The Workers' Compensation Appeals Board granted reconsideration and rescinded the trial judge's finding that applicant Joyce G. Seals was not employed by the Los Angeles Unified School District (LAUSD) between March 9, 2003, and April 17, 2015. The Board found that LAUSD's own documentation suggesting applicant retired on February 8, 2004, contradicted the finding of no employment during the entire period. The case is returned to the trial level for further proceedings to determine the employment status and compensability of the claimed injuries. The Board also noted potential issues regarding the applicant's admitted testimony and the connection of her current claims to a previously settled injury.

Workers' Compensation Appeals BoardReconsiderationFindings of FactPetition to ReopenCompromise and ReleaseCumulative TraumaEmployer-Employee RelationshipStatute of LimitationsMedical LeaveLast Date of Employment
References
1
Case No. ADJ2079959
Regular
Mar 15, 2010

JACOB TERJIMANIAN vs. LAUSD, SEDGWICK PASADENA

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration regarding an industrial injury sustained in 2003. The Board affirmed the finding that the injury affected the applicant's head but not his psyche or neurological system, relying on Agreed Medical Evaluators' opinions. The Board also upheld the application of the 2005 Permanent Disability Rating Schedule, determining that pre-2005 medical reports did not sufficiently indicate permanent disability to warrant the 1997 schedule. One commissioner dissented, arguing that the neurologist's opinion was incomplete and that medical records indicated permanent disability prior to 2005, necessitating further development of the record and application of the 1997 schedule.

Parkinson's-like disorderPetition for ReconsiderationFindings and AwardPermanent Disability Rating Schedule (PDRS)Labor Code section 4660(d)substantial evidenceAgreed Medical Evaluators (AMEs)medical record developmentBaglione IItreating physician
References
8
Case No. ADJ2475098
Regular
Oct 19, 2011

YOLANDA SPANDRI vs. LAUSD, SEDGWICK CLAIMS MANAGEMENT SERVICES

This case involves a Petition for Reconsideration filed by Yolanda Spandri. The Workers' Compensation Appeals Board (WCAB) has dismissed her petition. The dismissal is based on both untimeliness and, alternatively, would have been denied on the merits according to the WCJ's report. Therefore, the Petition for Reconsideration is formally dismissed.

Petition for ReconsiderationWorkers' Compensation Appeals BoardWCJ Report and Recommendationuntimely petitiondismissal ordermerits denialadministrative law judgeLAUSDSedgwick Claims Management ServicesADJ2475098
References
0
Case No. ADJ4292086 (VNO 0470201) ADJ2867157 (VNO 0467310)
Regular
May 20, 2011

TERESA VASQUEZ vs. LAUSD, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board granted reconsideration, rescinded the WCJ's decision, and returned the case to the trial level. This action was taken due to an inadequate record concerning whether the applicant sustained an industrial injury to her upper extremities. Specifically, it was unclear if parties agreed to revised stipulations and issues presented at a subsequent hearing, and defendant's exhibits were not properly admitted into evidence. The Board requires a complete record for a meaningful review.

Workers' Compensation Appeals BoardReconsiderationLien ClaimantUpper ExtremitiesIndustrial InjuryCumulative TraumaCompromise and ReleaseLien TrialMinutes of HearingStipulations
References
2
Case No. ADJ3049738 (LAO 0866433) ADJ362854 (LAO 0866477)
Regular
Mar 30, 2012

ANGELA TORRES vs. LAUSD/L.A. ACADEMY MIDDLE SCHOOL, SEDGWICK

The Workers' Compensation Appeals Board (WCAB) granted the Petition for Reconsideration filed by lien claimant, Universal Psychiatric Medical Center, regarding a January 24, 2012 decision. This action was taken due to statutory time constraints and the need for further study of the factual and legal issues. The WCAB requires all future communications to be filed in writing with the Office of the Commissioners, not electronically or with any district office. A Decision After Reconsideration will be issued following this process.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ClaimantUniversal Psychiatric Medical CenterLAUSDSedgwickStatutory Time ConstraintsFactual IssuesLegal IssuesDecision After Reconsideration
References
0
Case No. ADJ2565811 (VNO 0467078) ADJ4620009 (VNO 0480850) ADJ2920684 (VNO 0467079)
Regular
Jun 06, 2012

LINCOLN BELL vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, SEDGWICK CMS-LAUSD DEDICATED UNIT

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration regarding a previous award. The defendant argued that the temporary disability period and the credit for applicant's earnings during that time required clarification. The Board, adopting the WCJ's recommendation, rescinded the original award and returned the case to the trial level. This is for the WCJ to correct the temporary disability end date and address the credit for earnings, which will aid in determining the final temporary disability amount owed.

Workers' Compensation Appeals BoardLincoln BellLos Angeles Unified School DistrictSedgwick CMS-LAUSDindustrial injuryright kneepsychebilateral hearingpermanent disabilityfuture medical care
References
0
Case No. ADJ2186877 (VNO 0522117)
Regular
Jan 07, 2011

JODY LATOUF vs. STUMBAUGH & ASSOCIATES, INC., TIG SPECIALTY INSURANCE COMPANY as administered by RISK ENTERPRISE MANAGEMENT, LTD., STATE COMPENSATION INSURANCE FUND.

The Workers' Compensation Appeals Board denied TIG Specialty Insurance Company's petition for reconsideration. TIG claimed its policy only covered non-carpenter employees at the LAUSD site. However, TIG failed to present the policy as evidence at either arbitration hearing. Therefore, the Board inferred the policy did cover the applicant's employment, upholding the arbitrator's decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationArbitrator's ReportSite-Specific PolicyEvidenceCoverage IssueInferenceTIG Specialty Insurance CompanyStumbaugh & AssociatesInc.
References
0
Case No. MON 0284613
Regular
Jan 14, 2008

LEOPOLDO L. VILLASENOR vs. LOS ANGELES UNIFIED SCHOOL DISTRICT

This case concerns whether applicant Leopoldo L. Villasenor's Serious and Willful misconduct claim against LAUSD was barred by the statute of limitations. The Appeals Board found that the 12-month limitation period was tolled due to the prolonged dispute over applicant's employer, which prevented a final determination until April 19, 2004. Consequently, the Board rescinded the prior decision and remanded the case for a decision on the merits of the Serious and Willful claim.

Workers Compensation Appeals BoardSerious and Willful MisconductStatute of LimitationsTollingElkins v. DerbyIndustrial InjuryEmployer LiabilityEmployment DisputeSuperior CourtPetition for Reconsideration
References
2
Showing 1-10 of 11 results

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