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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

Claim of Torres v. Laurel Hill Nursery

The court reviewed an order from the Appellate Division. The order was affirmed, with costs, based on the reasons detailed in the Appellate Division's memorandum (98 AD2d ,904). The decision saw the concurrence of Chief Judge Wachtler along with Judges Jasen, Meyer, Simons, Kaye, and Alexander. This indicates a unanimous or majority agreement among the presiding judges on the outcome. The ruling upheld the previous decision of the lower court.

Appellate ReviewOrder AffirmationJudicial ConcurrenceCosts AwardedCourt DecisionJudicial PanelLegal MemorandumProcedural LawCase PrecedentAppellate Division
References
1
Case No. ADJ1709177 (RDG 0123815) ADJ2342314 (RDG 0126082)
Regular
Mar 22, 2013

LAUREL WRIGHT vs. INTERSTATE BRANDS CORPORATION, BROADSPIRE

The Workers' Compensation Appeals Board denied reconsideration of the applicant's petition, affirming the administrative law judge's (WCJ) report. The board initially overlooked the petition due to an administrative error but addressed it on its merits, finding no grounds for reconsideration. The WCJ's report thoroughly addressed and rejected the applicant's contentions regarding earnings, permanent disability, medical treatment, and apportionment, relying on medical opinions and established legal precedents.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportElectronic Adjudication Management SystemShipley v. Workers' Comp. Appeals Bd.MerchandiserOccupational Group #350Dates of InjuryParts of Body InjuredAgreed Medical Examiners (AME's)
References
4
Case No. ADJ3911273 (LAO 0865370) ADJ735474 (LAO 0865371)
Regular
Jun 24, 2010

PATRICIA DIAZ vs. J.T. POSEY CO.

This case involves a defendant's petition for reconsideration regarding a Workers' Compensation Appeals Board arbitrator's decision on a cumulative trauma injury. The defendant argued the arbitrator erred in determining the date of injury and the applicable liability period. The Appeals Board granted the petition and rescinded the arbitrator's prior order. The matter was returned to the arbitrator due to a deficient record, specifically the absence of a Minutes of Hearing and Summary of Evidence, which are required for proper appellate review. The arbitrator is to reconstruct the record and issue a new decision thereafter.

Petition for ReconsiderationFindings and OrderDate of InjuryPeriod of LiabilityCumulative TraumaCIGAArbitrator's RecommendationMinutes of HearingSummary of EvidenceLabor Code Section 5412
References
1
Case No. ADJ3658479 (MON 0326348) ADJ2546762 (MON 0325529)
Regular
Apr 29, 2009

BRAD M. WEISER vs. LAUREL SHEET METAL, EMPLOYERS COMPENSATION INSURANCE COMPANY

This case concerns an applicant seeking additional temporary disability indemnity (TDI) for a shoulder injury after already receiving two years of TDI for a back injury. The Appeals Board granted reconsideration, reversing the prior award. The Board found that because the periods of temporary disability for the back and shoulder injuries entirely overlapped, the applicant is limited to 104 weeks of TDI pursuant to Labor Code section 4656(c)(1). Therefore, the applicant is not entitled to any additional TDI beyond what has already been paid.

Labor Code section 4656(c)(1)Temporary Disability Indemnity (TDI)specific injurycumulative injuryoverlapping periods104 compensable weeksdate of commencementorthopedic surgeonregular physiciandeposition
References
3
Case No. ADJ11624608
Regular
Jul 16, 2025

LAUREL SMITH vs. STARBUCKS COFFEE COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

The Petition for Reconsideration and/or Alternatively Removal, concerning a decision issued on May 13, 2025, has been voluntarily withdrawn by the petitioner. As a result of this withdrawal, the Workers' Compensation Appeals Board has ordered the dismissal of the petition. This dismissal is effective as of July 16, 2025.

Petition for ReconsiderationPetition for RemovalWithdrawn PetitionDismissal OrderWorkers' Compensation Appeals BoardStarbucks Coffee CompanySedgwick Claims Management ServicesLaurel SmithAdjudication NumberSan Luis Obispo District Office
References
0
Case No. ADJ3861894 (LAO 0834261) ADJ2643996 (LAO 0864275)
Regular
Nov 17, 2008

MARIA DE LEON vs. LAUREL CANYON RETIREMENT, STATE COMPENSATION INSURANCE FUND

The applicant sought reconsideration of a prior order approving a compromise and release settlement, claiming a misunderstanding and subsequent medical deterioration. The Workers' Compensation Appeals Board dismissed the petition for reconsideration as untimely, noting it was filed well beyond the statutory deadline. However, the Board remanded the case to the trial level for the applicant's letter to be considered as a petition to reopen and set aside the compromise and release.

Workers' Compensation Appeals BoardCompromise and ReleasePetition for ReconsiderationUntimely PetitionRescind OrderSet Aside OrderLabor Code Section 5903Jurisdictional Time LimitWCJReopen
References
2
Case No. ADJ7508584
Regular
Sep 30, 2014

CALVIN WRIGHT vs. HEALTH NET, INC.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior order regarding temporary total disability (TTD) indemnity payments. The WCAB found the defendant's attorney's petition for reconsideration frivolous and filed in bad faith, noting the attorney attempted to disregard a prior stipulation on average weekly earnings and TTD rate. Consequently, the WCAB issued a notice of intention to impose sanctions of up to $2,500 against the attorney for bad faith actions, delay, and failure to comply with procedural rules. The WCAB will affirm the prior order directing the defendant to pay the TTD difference owed to the applicant.

Workers' Compensation Appeals BoardPetition for ReconsiderationSanctionsAttorney FeesStipulationTemporary Total Disability (TTD) IndemnityAverage Weekly EarningsWCJBad FaithFrivolous
References
0
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