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

Case No. MISSING
Regular Panel Decision
Jan 30, 2013

Soodoo v. LC, LLC

This case involves an appeal by defendants LC, LLC, and Limrink Realty Corp. against an order dismissing their cross-claims for contribution, indemnification, and breach of contract against co-defendant Atlantic Contracting of New York, Inc. The original action was brought by an unnamed plaintiff for personal injuries sustained at a construction site. The Supreme Court initially granted Atlantic's motion to dismiss the cross-claims. On appeal, the court reversed the lower court's decision, finding that the cross-claims stated cognizable causes of action. Consequently, the cross-claims were denied dismissal and converted into third-party causes of action.

Personal InjuryConstruction SiteCross-claimsContributionIndemnificationBreach of ContractMotion to DismissCPLR 3211(a)(7)Appellate DivisionThird-Party Action
References
16
Case No. ANA 0357324
Regular
Aug 20, 2007

ANDRES QUINONES vs. AN'S WORLD SERVICE INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted SCIF's petition for removal to reconsider a prior order regarding a lien claimant's (LC) right to payment. SCIF argued LC lacked standing because it failed to prove it held a required fictitious name permit from the Medical Board, while LC contended it was an "outpatient setting" exempt from such a permit. The Board rescinded the original order and returned the case for the WCJ to determine if LC is an "outpatient setting" or a "clinic" to assess its compliance with licensing and fictitious name requirements.

Workers' Compensation Appeals BoardRemovalLien ClaimantFictitious Name PermitMedical BoardOutpatient SettingClinicLicensureBusiness and Professions CodeStokes v. Patton State Hospital
References
1
Case No. SAC 0359940
Regular
Aug 08, 2008

JENNIFER BLANAS vs. COUNTY OF SACRAMENTO, AIMS

This case affirmed an award of Labor Code section 4850 benefits to a deputy sheriff for an industrial neck injury. The Appeals Board held that section 4850 benefits are distinct from temporary disability benefits, and the applicant was entitled to claim them after receiving temporary disability indemnity. The court also ruled that the defendant employer was entitled to credit retirement advances against the section 4850 benefits.

Workers' Compensation Appeals BoardDeputy SheriffIndustrial InjuryNeck InjuryTemporary Disability IndemnityPermanent Disability AdvancesSection 4850 BenefitsSection 4850.3Retirement AdvancesSection 4458.2
References
4
Case No. ADJ2403362 (MON 0247582) ADJ2066217 (MON 0306486)
Regular
Apr 25, 2011

EMILIA MENDOZA vs. LACMTA, THE TRAVELERS INS. CO., LOS ANGELES METROPOLITAN AUTHORITY, CONSTITUTION STATE SERVICES COMPANY

The Workers' Compensation Appeals Board affirmed the disallowance of lien claimant Care Center Rehabilitation and Pain Management's (LC) lien for unpaid medical treatment. LC failed to file a required fictitious business name statement and could not prove the treatment was reasonable and necessary. However, the Board reversed the order for LC to pay restitution to the defendants, finding they failed to meet their burden of proof for unjust enrichment.

Workers' Compensation Appeals BoardEmilia MendozaLACMTAThe Travelers Insurance CompanyConstitution State Services Companylien claimantCare Center Rehabilitation and Pain Managementindustrial injuriesneck and shouldersbus operator
References
5
Case No. ADJ1449820
Regular
Aug 10, 2017

MICHAEL KILLEEN vs. COUNTY OF SAN BERNARDINO

This case concerns an applicant seeking Labor Code Section 4850 benefits, which provide paid leave for disabled peace officers. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, reversing a prior finding that the applicant had waived this benefit by not raising it in initial 2013 proceedings. The WCAB held that Section 4851 mandates the Appeals Board to determine Section 4850 benefits in disputed cases. Therefore, the applicant is entitled to Section 4850 benefits, with the amount to be determined by the parties or the WCJ if agreement is not reached.

Labor Code section 4850Peace officer benefitsPetition for reconsiderationFindings Award and OrdersWorkers' Compensation Appeals BoardMandatory settlement conferenceWCJ Report and RecommendationTimely issue raisedPermanent and stationaryVoluntary payment
References
0
Case No. ADJ7839029; ADJ7841350
Regular
Jun 25, 2014

Fernando Murillo vs. Yonique Café, Inc., Zenith Insurance Company

This case involves a lien claimant, Ameri Chiropractic Group (LC), seeking disqualification of a Workers' Compensation Judge (WCJ). LC alleged bias based on a WCJ order requiring a doctor's personal appearance at trial regarding treatment and the lien's validity. However, the Workers' Compensation Appeals Board (WCAB) dismissed the petition as untimely. WCAB Rule 10452 dictates a strict 10-day filing period after notice of hearing for such petitions. LC's petition was filed three months after being served with the order, rendering it untimely regardless of when new counsel was retained.

Petition for DisqualificationUntimely FilingWCJ BiasLien ClaimantAmeri Chiropractic GroupWCAB Rule 10452Order for AppearanceDismissal of LienPinnacle Lien ServicesAdministrative Law Judge
References
1
Case No. ADJ15643990; ADJ13744962
Regular
Aug 27, 2025

Osama Agaiby vs. City of Culver City, Intercare

The Workers' Compensation Appeals Board (WCAB) granted the defendant's Petition for Reconsideration of the Findings and Award (F&A) in two cases involving applicant Osama Agaiby. The F&A had awarded separate Labor Code section 4850 benefits for two injuries with overlapping temporary disability periods. The defendant argued that these benefits should run concurrently. The WCAB rescinded the F&As, holding that section 4850 benefits run concurrently when an applicant is on disability due to the combined effect of multiple injuries. The issues of temporary disability and section 4850 benefits were deferred, and the matters were returned to the trial level for adjustment.

Labor Code section 4850aggregate disability paymentsoverlapping temporary disabilityconcurrent benefitssalary continuationcumulative traumaspecific injurypolice officerWorkers' Compensation Appeals BoardPetition for Reconsideration
References
4
Case No. ADJ3894154
Regular
Apr 12, 2010

CHARLES FOLLETT vs. CITY OF GLENDALE, Permissibly Self-Insured and Self-Administered

This case concerns an applicant seeking workers' compensation benefits who was denied Labor Code section 4850 benefits after the effective date of his industrial disability retirement. The Board previously granted reconsideration and amended an award to reflect that section 4853 bars an employee's right to section 4850 benefits upon retirement. The applicant argued these benefits vested and should continue until actual pension payments were received. The Board denied the petition for reconsideration, affirming that section 4853 prevents receipt of section 4850 benefits after the effective date of a disability retirement under PERS, especially when the retirement was made retroactive.

Workers' Compensation Appeals BoardPetition for ReconsiderationOpinion and OrderGranting ReconsiderationDecision After ReconsiderationFindings and AwardLabor Code Section 4850Temporary DisabilityIndustrial Disability RetirementLabor Code Section 4853
References
2
Case No. ADJ2729327 (LBO 0391418)
Regular
Dec 14, 2010

Shane Haring vs. COUNTY OF LOS ANGELES

This case involved a police trainee injured in 2007 who later became a full-time police officer, a position eligible for Labor Code Section 4850 benefits. The applicant sought Section 4850 benefits for a period of temporary disability in 2009 stemming from the original 2007 injury. The defendant argued these benefits were inapplicable as the applicant was a trainee at the time of the injury. The Workers' Compensation Appeals Board denied the defendant's reconsideration, holding that Section 4850 benefits are determined by the applicant's status at the time of disability, not injury. The Board affirmed the WCJ's finding that the applicant was entitled to these benefits from the period of his 2009 temporary disability.

Labor Code Section 4850Police OfficerPolice TraineeTemporary DisabilityPermanent DisabilityReconsiderationFindings of FactStipulated AwardIndustrial InjuryLeave of Absence
References
12
Case No. ADJ 2437239 (AHM 0140146)
Regular
Aug 24, 2010

LAWRENCE MOORE vs. COUNTY OF ORANGE, Permissibly SelfInsured, Adjusted By SOUTHERN CALIFORNIA RISK MANAGEMENT

This case involves a sheriff's deputy who sustained industrial injuries to his spine, knees, and shoulder. He retired from service to receive retirement benefits. The defendant argued that Labor Code Section 4850 benefits, which provide leave of absence without loss of salary for up to one year, should not be awarded post-retirement. However, the Board affirmed the award, holding that Section 4850 benefits are not automatically terminated upon service retirement for those under the County Employees Retirement Law of 1937, unlike those retired under the Public Employees' Retirement System. The applicant's testimony indicated he did not voluntarily leave the labor market, thus maintaining his eligibility for temporary disability and Section 4850 benefits.

Labor Code section 4850sheriff's special officertemporary total disabilityretirementservice retirement1937 Actsafety officerleave of absenceloss of salaryearning capacity
References
5
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