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

Case No. ADJ6894498, ADJ6896838
Regular
Jun 26, 2012

Mark Fields vs. CITY OF CATHEDRAL CITY

The WCAB granted reconsideration of the applicant's unverified petition, as failure to verify is not jurisdictional but subject to dismissal discretion. Despite notice, the applicant's attorney failed to cure the verification defect, leading to a notice of intention to sanction the attorney. The Board will now determine sanctions and address the merits of the underlying workers' compensation claims.

Unverified PetitionLabor Code Section 5902WCJ ReportDiscretionary DismissalSanction NoticeBad-Faith ConductFrivolous TacticWillful FailureDue ProcessPaper Record
References
Case No. SJO 244847
Regular
Feb 06, 2008

Celestine Lewis vs. COCA-COLA ENTERPRISES, INC.

This case concerns Celestine Lewis's claim against Coca-Cola Enterprises for workers' compensation benefits. The Workers' Compensation Appeals Board (WCAB) denied Lewis's petition for reconsideration of a prior decision regarding the apportionment of her permanent disability. The WCAB adopted the Administrative Law Judge's report, which upheld the apportionment of 30% of Lewis's permanent disability to pre-existing arthritis, consistent with recent legislative changes emphasizing apportionment to causative factors including pathology.

Workers' Compensation Appeals BoardCelestine LewisCoca-Cola EnterprisesInc.Permissibly Self-InsuredPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeDivision of Workers' CompensationJudicial AuthorityOriginal Jurisdiction
References
Case No. ADJ7846929
Regular
Jul 03, 2014

PAMELA LEWIS (Deceased) vs. CITY AND COUNTY OF SAN FRANCISCO, Permissibly Self-Insured

This Workers' Compensation Appeals Board order dismisses a Petition for Removal filed by Pamela Lewis's estate (represented by Charles Davis, San Francisco City Attorney). The petitioner, likely the defense, voluntarily withdrew their petition. Consequently, the Board has deemed the petition dismissed and will take no further action on the matter.

Petition for RemovalDismissalWorkers' Compensation Appeals BoardCity and County of San FranciscoSelf-InsuredPamela LewisDeceasedADJ7846929San Francisco District OfficeOrder of Dismissal
References
Case No. ADJ8191009, ADJ6834343, ADJ8191008
Regular
Sep 20, 2016

ARTHUR ANDERSEN vs. AL LEWIS TRUCKING, REDWOOD FIRE \& CASUALTY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The defendant, Al Lewis Trucking and its insurer, filed a Petition for Reconsideration of a prior Findings and Award. However, before the Board could rule on that petition, the defendant withdrew it. Consequently, the Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration.

Workers Compensation Appeals BoardPetition for ReconsiderationPetition to WithdrawDismissedFindings and AwardWCJADJSanta Rosa District OfficeArthur AndersenAl Lewis Trucking
References
Case No. ADJ6857819
Regular
Apr 25, 2012

DAVID PESKO vs. CITY OF WESTMINSTER

The Workers' Compensation Appeals Board granted David Pesko's petition for reconsideration of a February 3, 2012 decision. This action was taken to allow for a more thorough review of the factual and legal issues involved in the case. The Board requires further study to ensure a just and reasoned decision. All future communications regarding this case must be filed in writing directly with the Commissioners of the WCAB in San Francisco, not with any district office or electronically.

Workers' Compensation Appeals BoardReconsiderationPetition for ReconsiderationDecision After ReconsiderationStatutory Time ConstraintsFactual IssuesLegal IssuesPermissibly Self-InsuredCorvel CorporationVan Nuys District Office
References
Case No. ADJ163759 (OAK 0311040) ADJ592970 (OAK 0311039)
Regular
Apr 02, 2016

EDWARD LEWIS vs. BRYCO CONSTRUCTION, STATE COMPENSATION INSURANCE FUND

This case involves Edward Lewis seeking workers' compensation for injuries from Bryco Construction. The Workers' Compensation Appeals Board denied Lewis's petition for removal, an extraordinary remedy. Removal was denied because Lewis failed to demonstrate substantial prejudice or irreparable harm from the judge's order continuing a settlement conference with discovery still open. The Board adopted the judge's reasoning that reconsideration would be an adequate remedy should an adverse decision occur later.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ ReportSubstantial PrejudiceIrreparable HarmReconsiderationMandatory Settlement ConferenceDiscoveryDahl DecisionVocational Expert
References
Case No. ADJ1132942
Regular
Jun 04, 2009

James Lewis vs. Compton Unified School District, Hazelrigg Risk Management Services

The Workers' Compensation Appeals Board granted reconsideration, reversing a prior finding that James Lewis was not the initial physical aggressor in an altercation. The Board found that Lewis's actions, including throwing tools at a co-worker and attempting to move the co-worker's truck, initiated the physical confrontation. Consequently, Lewis's claim for injury benefits is barred under Labor Code section 3600(a)(7).

Workers' Compensation Appeals BoardInitial Physical AggressorLabor Code section 3600(a)(7)AltercationFindings of FactReconsiderationOpinion and OrderAffirmative DefensesEmploymentInjury
References
Case No. ADJ7741661
Regular
Mar 11, 2020

James E. Lewis vs. County of Riverside

The Workers' Compensation Appeals Board rescinded a prior award and found that the applicant, James Lewis, sustained a cumulative injury to his bilateral hips in addition to previously acknowledged injuries. This finding was based on new evidence, including medical reports and testimony, establishing that Lewis was unaware of his hip condition until February 25, 2014, despite prior medical evaluations. The Board determined that the date of injury for his hip condition was February 25, 2014, making it timely to reopen the claim. Consequently, the award was amended to include the hip injury, and all other issues were deferred.

Workers' Compensation Appeals BoardDeputy SheriffCumulative TraumaNew and Further DisabilityGood Cause to ReopenStipulations with Request for AwardAgreed Medical Evaluator (AME)Primary Treating PhysicianOsteoarthritisDifferential Diagnosis
References
Case No. ADJ2318045 (LAO 0874347) ADJ2880487 (LAO 0874346) ADJ2783382 (LAO 0889171)
Regular
Apr 25, 2016

Donnie Lewis vs. ALHATTI CORPORATION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to address the applicant's claims regarding retroactive permanent disability advances and associated penalties. The original award confirmed temporary disability and a penalty on unpaid temporary benefits but deferred issues of permanent disability advances, sanctions, and attorney fees for those advances. The Board remanded the case to the trial level to determine the amount of permanent disability advances owed and assess penalties and fees for the defendant's failure to pay them, while confirming that prejudgment interest on temporary disability was not awarded.

WORKERS' COMPENSATION APPEALS BOARDDONNIE LEWISALHATTI CORPORATIONSTATE COMPENSATION INSURANCE FUNDPetition for ReconsiderationFindings and AwardTemporary DisabilityPermanent DisabilityPenaltiesLabor Code section 4650
References
Case No. ADJ2509613
Regular
Mar 21, 2011

DONALD RAY LEWIS vs. VIRATEC THIN FILMS, INC.

The Appeals Board granted reconsideration and amended the WCJ's decision to reclassify the applicant's occupational group from 360 to 480, reflecting his sandblasting duties more accurately. This change increased the applicant's permanent disability rating to 53% and the attorney's fee accordingly. However, the Board affirmed the WCJ's findings that the applicant did not sustain industrial injury to his psyche or GERD, and that his permanent and stationary date was correctly determined. The Board found substantial evidence supported the WCJ's reliance on the Agreed Medical Evaluators' opinions regarding the industrial injuries and apportionment.

Workers' Compensation Appeals BoardDonald Ray LewisViratec Thin FilmsInc.Insurance Company of the State of PennsylvaniaSedgwick Claims Management ServicesInc.ADJ2509613Petition for ReconsiderationSecond Amended Findings Award and Orders
References
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