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

Case No. LBO 0316609, LBO 0316610
Regular
Dec 26, 2007

CLORIA CONTRERAS vs. REGENTS OF THE UNIVERSITY OF CALIFORNIA, Permissibly Self Insured, Adjusted by OCTAGON RISK SERVICES

The Workers' Compensation Appeals Board denied reconsideration for Case LBO 316609, upholding the finding of no disability from a cumulative right shoulder injury. For Case LBO 316610, the Board granted reconsideration and amended the award to defer the issues of temporary disability and the applicant's permanent and stationary date, while affirming the rest of the original decision, including the 23% permanent disability rating. The Board's decision aligns with the judge's report, which recommended further development of the record on deferred issues and temporary disability.

WCABPetition for ReconsiderationFindings and OrderFindings and AwardIndustrial InjuryFibromyalgiaPermanent DisabilityTemporary DisabilityQualified Medical ExaminerPermanent and Stationary Date
References
2
Case No. LBO 322722 LBO 322723 LBO 322724 LBO 322725 LBO 322726 LBO 322727
Regular
Dec 18, 2007

MARTIN HINDS vs. LOS ANGELES COUNTY FIRE DEPARTMENT, INTERCARE INSURANCE SERVICES

This case involves a Petition for Removal filed by applicant Martin Hinds against the Los Angeles County Fire Department. Hinds sought removal of the issues of permanent disability and apportionment, which had been taken off calendar by the WCJ for judicial economy pending a WCAB decision on the Wilkinson doctrine. The Appeals Board denied removal, adopting the WCJ's report and citing the en banc decision in Benson v. Kaiser Medical Group, which addressed the Wilkinson doctrine's applicability post-SB 899. The Board found no present need to postpone trial given Benson is binding and there's no multiplicity of conflicting appellate court opinions.

RemovalPetition for RemovalWCABBenson v. Kaiser Medical GroupWilkinson doctrineSB 899apportionmentcausation statutesLab. Code $\S \S 4663$4664(a)
References
3
Case No. LBO 0375915, LBO 0375916, LBO 0375917
Regular
May 09, 2008

MARIA C. GOMEZ vs. ANGELICA TEXTILE, ZURICH AMERICAN INSURANCE COMPANY, REPUBLIC MASTER CHEF, ST. PAUL TRAVELERS

This case concerns a petition for reconsideration filed by Zurich American Insurance Company. The Appeals Board dismissed the petition because it was not filed within the statutory 25-day limit. Furthermore, the petition sought reconsideration of an interim order remanding the case for further proceedings, which is not a final order from which reconsideration can be sought.

WCABPetition for ReconsiderationTimelinessCalifornia Labor CodeCalifornia Code of RegulationsAdministrative Law JudgeCompromise and Release AgreementFinal OrderSan FranciscoDistrict Office
References
17
Case No. LBO 0370773, LBO 0377679, LBO 0377749
Regular
Oct 10, 2007

LULIO ARAUJO vs. THE QUEEN MARY, STATE COMPENSATION INSURANCE FUND

This case involves an applicant seeking reconsideration of a Workers' Compensation Appeals Board (WCAB) decision. The applicant sustained injuries to his right shoulder, left shoulder, and bilateral shoulders, resulting in a 23% permanent disability rating. The WCAB denied the applicant's petition for reconsideration, upholding the WCJ's decision to rate the permanent disability under the 2005 Schedule instead of the 1997 Schedule. This decision aligns with the appellate court's interpretation in *Vera v. Workers' Comp. Appeals Bd.* regarding when a report indicates permanent disability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardMaintenance WorkerIndustrial InjuryRight ShoulderLeft ShoulderBilateral ShouldersCumulative InjuryPermanent Disability
References
1
Case No. LBO 0375915 LBO 0375916 LBO 0375917
Regular
Feb 11, 2008

MARIA C. GOMEZ vs. ANGELICA TEXTILE, ZURICH AMERICAN INSURANCE COMPANY, REPUBLIC MASTER CHEF, ST. PAUL TRAVELERS

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior order approving a \$509 compromise and release for applicant Maria C. Gomez's cumulative trauma injuries. The applicant contended the settlement was based on a civil release signed under duress and that she lacked proper service of the documents. The Board found the applicant's allegations warranted further investigation, remanding the case for proceedings at the trial level.

Propria personaJoint Order Approving Compromise and ReleaseDelegated serviceCumulative trauma injuriesGeneral releaseCivil actionDuressPetition for ReconsiderationReport and RecommendationAbsence of evidence
References
0
Case No. LBO 0348739, LBO 0348738, LBO 0374512
Regular
Mar 13, 2008

ROSA MARTINEZ vs. IN SOO SHOO & GRACE JIN CHO dba SOFT TONE CLEANERS, BROADSPIRE INSURANCE, CHONG KU KIM dba SOFT TONE CLEANERS

The Workers' Compensation Appeals Board denied reconsideration of a WCJ's findings on an applicant's right hand injury. The Board adopted the WCJ's report, emphasizing the deference given to the WCJ's credibility determinations. The Board also corrected a minor clerical error in the WCJ's report heading, substituting "Workers' Compensation Appeals Board" for "Division of Workers' Compensation."

WCABPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeWCJGarza v. Workers' Comp. Appeals Bd.Judicial AuthorityOriginal JurisdictionLab. CodeDelegation of PowersCal. Code Regs.
References
1
Case No. LBO 321990 LBO 321992 LBO 323156
Regular
Nov 30, 2007

MICHAEL W. HEWITT vs. LOS ANGELES COUNTY FIRE DEPARTMENT, INTERCARE INSURANCE SERVICES

The Workers' Compensation Appeals Board denied the County Fire Department's petition for reconsideration of an award finding the applicant sustained total permanent disability. The Board will also impose a $1,000 sanction on the County's counsel for filing a petition that misrepresented the record regarding the applicant's permanent and stationary date. This sanction is for filing a petition deemed a frivolous bad-faith tactic in violation of statutory and regulatory obligations.

WCABPetition for ReconsiderationAmended Joint Findings of Fact and AwardFirefighterIndustrial InjuryPermanent Total DisabilityApportionmentPermanent Disability Rating ScheduleAgreed Medical Examiners (AMEs)Stipulation
References
8
Case No. LBO 0365278, LBO 0381401, LBO 0373147
Regular
Aug 12, 2008

JANIE LEWINGS vs. LOS ANGELES COUNTY OFFICE OF EDUCATION, HAZELRIGG RISK MANAGEMENT SERVICES, INC.

The Workers' Compensation Appeals Board granted RS Medical's Petition for Reconsideration, rescinding a previous Order of Dismissal. The WCJ acknowledged overlooking the applicant's Declaration of Readiness to Proceed, which rendered the dismissal improper as it was issued before proper objection time under CCP 1013. The case is now returned to the trial level for further proceedings and a new decision.

RS MedicalPetition for ReconsiderationOrder of DismissalWCJmedical-legal costsCCP 1013Declaration of Readiness to Proceedrescindedreturned to trial level
References
1
Case No. ADJ4604933 (LBO 0347944) ADJ441100 (LBO 0347945) ADJ1350325 (LBO 0347946) ADJ2864784 (LBO 0347947) ADJ2043098 (LBO 0339856)
Regular
Nov 08, 2010

PETER AVALOS vs. RALPH'S GROCERY COMPANY

Defendant Ralph's Grocery Company sought reconsideration of an award finding applicant Peter Avalos sustained cumulative trauma injuries. The defendant contested the temporary total disability award, arguing the applicant had left the labor market and the award exceeded the statute of limitations. Furthermore, Ralph's argued the permanent disability finding lacked due process and proper apportionment due to inadmissible evidence and multiple prior injuries. The Appeals Board granted reconsideration to defer the permanent disability issue for further proceedings.

Workers' Compensation Appeals BoardCumulative trauma injuryTemporary total disabilityPermanent disabilityApportionmentLabor marketDue processSubstantial evidencePrivate permanent disability ratingAdmissibility
References
5
Case No. ADJ3781001 (LBO 0307061) ADJ757328 (LBO 0358246) ADJ2549671 (LBO 0324184) ADJ2863896 (LBO 0307059) ADJ2102438 (LBO 0379629)
Regular
Jul 31, 2009

Sydney Murphy vs. CITY OF CARSON, TRISTAR LOS ANGELES

The WCJ found that applicant's injuries were a single cumulative trauma injury. Applicant and Defendant each sought reconsideration; Applicant's was granted, Defendant's denied.

Workers' Compensation Appeals BoardCumulative TraumaIndustrial InjuryPermanent DisabilityApportionmentReconsiderationFindings and AwardWCJAdministrative Law JudgeMedical Treatment
References
0
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