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

Case No. ADJ887872 (VEN 0115373) ADJ1162935 (OXN 0126518)
Regular
Jun 02, 2009

LEONARD WHITELEY vs. CONCRETE EXPRESS, STATE COMPENSATION INSURANCE FUND, CALIFORNIA INDEMNITY INSURANCE COMPANY by GAB ROBINS

This case involves a cement truck driver who sustained multiple industrial injuries, including a specific injury in 1998 and a cumulative trauma injury thereafter. Both the applicant and defendant Cal Indemnity sought reconsideration of a prior award, raising issues of compensable body parts, 100% permanent disability, and apportionment between the two injuries. The Appeals Board granted reconsideration, rescinded the prior award, and returned the case to the trial level to develop the record. This development will include obtaining a report from an independent physician to address the critical issue of apportionment of permanent disability between the distinct industrial injuries, as required by *Benson*.

Workers' Compensation Appeals BoardLeonard WhiteleyConcrete ExpressState Compensation Insurance FundCalifornia Indemnity Insurance CompanyJoint Findings and AwardOrder of CommutationCumulative Trauma InjurySpecific InjuryApportionment
References
Case No. ADJ7271617
Regular
Aug 27, 2012

LEONARD KEY vs. LOS ANGELES COUNTY OFFICE OF EDUCATION, CORVEL CORPORATION

This case involves applicant Leonard Key seeking workers' compensation benefits for an injury sustained while teaching a music production course. The defendant, Los Angeles County Office of Education (LACOE), contended that Key was an independent contractor and not an employee. The Workers' Compensation Appeals Board (WCAB) affirmed the trial judge's finding that Key was an employee, emphasizing LACOE's control over the means and manner of his work, despite an independent contractor agreement. Key lacked control over class schedules, room assignments, and was paid hourly, weighing against independent contractor status. Therefore, the WCAB found that LACOE failed to meet its burden to prove Key was an independent contractor.

Workers' Compensation Appeals BoardLeonard KeyLos Angeles County Office of EducationCorvel CorporationADJ7271617Opinion and Decision After ReconsiderationWCJemployee statusindependent contractordirection and control
References
Case No. ADJ3870460 (ANA 0410080)
Regular
Apr 11, 2011

LEONARD ROBINSON vs. NEW YORK KNICKERBOCKERS, MURPHY & BEANE

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award because the Administrative Law Judge (WCJ) failed to follow previous instructions. The core issue is determining which permanent disability rating schedule applies to an injury sustained between 1982 and 1985. The WCJ incorrectly applied the 2005 Schedule and failed to allow parties a hearing on the applicability of the 1978 Schedule, which the applicant argues is appropriate. The Board remanded the case for further proceedings, including development of the record and a hearing, to address the proper schedule and explain the reasoning for any resulting disability rating.

Workers' Compensation Appeals BoardLeonard RobinsonNew York KnickerbockersReconsiderationFindings and AwardPermanent Disability Rating ScheduleLabor Code Section 4660(d)Labor Code Section 4061Labor Code Section 4067.51978 Schedule
References
Case No. ADJ3870460 (ANA 410080)
Regular
Nov 15, 2010

LEONARD ROBINSON vs. NEW YORK KNICKERBOCKERS, MURPHY & BEANE

The Board granted reconsideration to address the proper workers' compensation permanent disability rating schedule. The defendant argued the WCJ erred in applying the 1997 Schedule, contending the 2005 Schedule or, alternatively, the 1978 Schedule should apply. The WCJ's reliance on Labor Code § 4061 exceptions was found to be flawed, as the statute was not in effect during the applicant's period of temporary disability. The case was returned to the trial level for a determination on the correct schedule, considering the effective dates of relevant statutes and the existence of any pre-2005 medical reports indicating permanent disability.

Workers' Compensation Appeals BoardLeonard RobinsonNew York KnickerbockersPermissibly Self-InsuredMurphy & BeaneReconsiderationAmended Findings and AwardWCJCumulative InjuryIndustrial Injury
References
Case No. ADJ3566017 (SAC 0298120)
Regular
Nov 26, 2012

LEONARD CAMPOS (deceased) vs. REGENTS OF THE UNIVERSITY OF CALIFORNIA, Permissibly Self-Insured, Administered by SEDGWICK CMS, INC.

This case involves a dispute over a lien for medical-legal expenses filed by Dr. Goldfield. The applicant's attorneys seek reconsideration of an award approving a stipulation between the lien claimant and the defendant, arguing it improperly transfers liability for the lien to them. The Appeals Board dismissed the petition, finding the applicant's attorneys are not aggrieved parties because the stipulation only resolved the defendant's liability and did not impose any new obligations on counsel. The Board clarified that Dr. Goldfield's claim against the applicant's counsel for the remaining balance of the lien can still be litigated before the WCJ.

WCABADJ3566017SAC 0298120Leonard CamposRegents of the University of CaliforniaSedgwick CMSMcMonagle Steinberg and HesterDr. Michael Goldfieldlien claimantStipulation Award and Order
References
Case No. ADJ3016059
Regular
Jun 18, 2013

SCOTT SATTLER vs. STAR STAFFING, STATE COMPENSATION INSURANCE FUND

This case involves a Workers' Compensation Appeals Board decision granting removal and dismissing a lien. The Board adopted the WCJ's reasoning and rescinded a prior ruling. The lien filed by Leonard Schwartzburd, Ph.D., was dismissed with prejudice due to failure to pay the lien activation fee. Consequently, a scheduled lien trial was vacated.

RemovalRescindLienDismissedPrejudiceLien Activation FeeWCABWCJStaffingState Compensation Insurance Fund
References
Case No. ADJ3584368 (AHM 0049668)
Regular
May 15, 2013

STEVE GIANNINI vs. CITY OF IRVINE

This case involves a Workers' Compensation Appeals Board decision concerning attorney's fees. Following a Court of Appeal order to award fees for responding to the defendant's writ of review, the parties stipulated to $3,547.12. The Board has accepted this stipulation. An award is therefore made in favor of applicant's counsel, Leonard Stern, against the City of Irvine for this appellate attorney's fee. This fee is in addition to any compensation otherwise payable to the applicant.

WORKERS' COMPENSATION APPEALS BOARDSTEVE GIANNINICITY OF IRVINECORVEL INSURANCE COMPANYADJ3584368ADJ2266028ADJ4420242ADJ4296333ADJ1443533ADJ814285
References
Case No. ADJ6810508; ADJ8238141
Regular
Sep 24, 2013

JOSE HERNANDEZ CHAVEZ vs. LIZ CLAIBORNE, BROADSPIRE

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal. The defendant sought to reverse a judge's finding that the applicant was not required to attend a QME evaluation with Dr. Leonard and was entitled to a new QME panel. The Board found that removal is an extraordinary remedy and the defendant failed to demonstrate substantial prejudice or irreparable harm. Therefore, the defendant's petition was denied.

Petition for RemovalQualified Medical EvaluatorQME panelAppointment failureWCJ Findings of FactSubstantial prejudiceIrreparable harmExtraordinary remedyReconsideration inadequacyAppeals Board decision
References
Case No. VEN 0115373, OXN 0126518
Regular
Oct 04, 2007

LEONARD WHITELEY vs. CONCRETE EXPRESS, STATE COMPENSATION INSURANCE FUND, CALIFORNIA INDEMNITY INSURANCE COMPANY

This case involves the defendant insurers seeking reconsideration of a Workers' Compensation Appeals Board decision that awarded the applicant 100% permanent disability for multiple industrial injuries. The insurers argue the applicant is not totally disabled and that the prior 18% award should be offset. The Board granted reconsideration, rescinded the original award, and returned the matter to the trial level pending further decisions on similar issues, including potential impact of the *Wilkinson* doctrine.

Workers' Compensation Appeals BoardReconsiderationJoint Findings and AwardPermanent DisabilityApportionmentFraudOverreachingNew and Further DisabilityStipulated AwardArthur Harris M.D.
References
Case No. ADJ887872 (VEN 0115373) ADJ1162935 (OXN 0126518)
Regular
Mar 22, 2011

LEONARD WHITELEY vs. CONCRETE EXPRESS, CALIFORNIA INDEMNITY INSURANCE, MID CENTURY INSURANCE COMPANY, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted a defendant's petition for reconsideration of a decision dated December 28, 2010. This action was taken due to statutory time constraints and the need for further study of the factual and legal issues. The WCAB requires additional time to thoroughly review the record and ensure a just decision. All future filings in this matter must be directed to the WCAB Commissioners in San Francisco.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationDecision After ReconsiderationStatutory time constraintsFactual and legal issuesJust and reasoned decisionOffice of the CommissionersService by mailOfficial Address RecordCONCRETE EXPRESS
References
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