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

Case No. ADJ2531503 (AHM 0111102), ADJ3636599 (AHM 0111103), ADJ4058229 (AHM 0123911)
Regular
Dec 23, 2010

JIM POTTS vs. CITY OF IRVINE POLICE DEPARTMENT

The Workers' Compensation Appeals Board granted reconsideration to correct the permanent disability rate and defer the attorney's fee calculation for the life pension. The Board affirmed the 86% permanent disability finding, rejecting the defendant's argument that the applicant's post-injury work history should have altered the medical opinions, as the defendant had the opportunity to address this. The Board also clarified that the 1997 Permanent Disability Rating Schedule was correctly applied and deferred the issue of temporary disability overpayment to the trial level.

Cumulative traumaSpineLeft shoulderRight wristBilateral kneesLeft ankleCardiovascular systemHypertensionPermanent disabilityLife pension
References
Case No. ADJ7911474
Regular
Jan 22, 2019

KIA SPREWELL vs. STATE OF CALIFORNIA, RICHARD J. DONOVAN CORRECTIONAL FACILITY

This case involved Kia Sprewell's workers' compensation claim against the Richard J. Donovan Correctional Facility for injuries sustained as an office assistant. The defendant sought reconsideration of the initial award, primarily contesting the commutation method for attorney fees and the substantiality of the neurologist's medical opinions. The Workers' Compensation Appeals Board granted reconsideration in part, affirming the award of permanent disability but amending the attorney fees to be commuted from the side of the life pension award. The Board found the neurologist's opinions on apportionment and rating of various injuries, including headaches and spinal issues, to be substantial medical evidence.

Workers Compensation Appeals BoardKia SprewellRichard J. Donovan Correctional FacilityState Compensation Insurance FundPetition for ReconsiderationFindings and AwardPermanent DisabilityApportionmentLife PensionAttorney Fees
References
Case No. LAO 0834728
Regular
Jul 12, 2007

FELIPE CABALLERO vs. AIRBORNE EXPRESS, INC., AMERICAN HOME ASSURANCE COMPANY

The Board granted reconsideration to address the defendant's due process claim regarding the automatic commutation of attorney's fees. While affirming the $100\%$ permanent disability award and the attorney's fee amount, the Board deferred the issue of commutation. The case is returned to the trial level to determine how the attorney's fees will be paid, either from accrued benefits or through a proper commutation process.

Workers' Compensation Appeals BoardReconsiderationCommutationAttorney's FeesLife PensionPermanent DisabilityDue ProcessAccrued Disability IndemnityFindings Award and OrderIndustrial Injury
References
Case No. ADJ7599969
Regular
Jul 27, 2017

Mike Andriso vs. COUNTY OF SAN DIEGO

This case involves a dispute over attorney's fees awarded to applicant's counsel. The Workers' Compensation Appeals Board (WCAB) reconsidered a decision that awarded the attorney 15% of applicant's permanent disability benefits as they accrued, rather than commuting the fee. Applicant argued that a commutation would result in a larger overall fee and that public policy favors such commutation regardless of life expectancy. The WCAB granted reconsideration to allow the judge to re-evaluate the fee award based on relevant factors, including the complexity of the case and ensuring adequate compensation for the attorney.

Permanent disabilityCumulative traumaAttorney's feesPetition for reconsiderationFindings and AwardCommutation of awardLife expectancyMetastatic colon cancerAgreed Medical ExaminerDisability Evaluation Unit
References
Case No. ADJ2977853
Regular
Oct 01, 2010

JORGE ALVAREZ vs. PEREZ FARMS & ASSOCIATES, STATE COMFENEATION INSURANCE FUND

This case concerns a defendant's reconsideration of a prior Workers' Compensation Appeals Board (WCAB) decision regarding attorney's fees and a life pension calculation. The defendant argued that the calculated life pension rate and associated attorney's fees lacked justification and proper explanation, particularly concerning annual cost of living adjustments. The WCAB granted reconsideration, noting issues with the provided commutation worksheets, including a different employee's name. Consequently, the Board amended its decision to defer the calculation of the life pension and its related attorney's fees, remanding the matter to the trial level for further proceedings and opportunity for parties to present rebuttal evidence.

Workers' Compensation Appeals BoardReconsiderationLife PensionAttorney FeeCommutationPermanent DisabilityApportionmentIndustrial InjuryMedical TreatmentWCJ
References
Case No. ADJ7113572
Regular
Oct 08, 2012

SAMMIE ROGERS vs. BUFFALO BILLS, ATLANTA FALCONS, SAN DIEGO CHARGERS, et al.; TRAVELERS; SEDGWICK

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision regarding Sammie Rogers' claim. The WCAB affirmed the original decision but amended it to clarify the attorney's fee structure for a life pension. The amendment specifies that the 15% attorney fee will be commuted from the present value of the life pension, calculated using the artificial far end of the applicant's life expectancy. Jurisdiction is reserved regarding the amount of the life pension until further order.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeReconsiderationLife PensionAttorney's FeePresent ValueCommutationSupplemental OrderJurisdiction Reserved
References
Case No. ADJ10782441 ADJ9193836
Regular
Apr 15, 2019

Stacy Smith vs. COUNTY OF LOS ANGELES

The Workers' Compensation Appeals Board granted reconsideration to affirm the applicability of Labor Code section 3212 presumptions for hypertension and hernia injuries to an ocean lifeguard. However, the Board amended the decision to defer issues of permanent disability and apportionment. This deferral is due to the apparent conflict between the WCJ's 50% apportionment of hernia disability and the non-attribution clause of Labor Code section 3212. The Board returned these issues to the trial level for further hearing and determination.

Workers' Compensation Appeals BoardLabor Code Section 3212Heart trouble presumptionHernia presumptionFire department memberOcean lifeguardCumulative injuryLumbar spine injuryRight knee injurySkin injury
References
Case No. ADJ6762619 ADJ6762627 ADJ6762634
Regular
Sep 10, 2018

EDWARD SHER vs. CAST & CREW ENTERTAINMENT SERVICES, INC., ZURICH NORTH AMERICA, ENTERTAINMENT PARTNERS, AIG, NBC UNIVERSAL/ELECTRIC INSURANCE

This case concerns an applicant's petition for reconsideration of a workers' compensation award. The applicant sought inclusion of a life pension in an award that already recognized 70% permanent disability. The Appeals Board granted reconsideration solely to amend the award, confirming the statutory entitlement to a life pension for 70% or more permanent disability. The Board otherwise affirmed the original award, incorporating the WCJ's reasoning. A defendant's untimely request to amend the party defendants was declined but may be addressed at the trial level.

WCABPetition for ReconsiderationJoint Findings Award and Orderpermanent disabilitylife pensionLabor Code § 4659WCJ ReportDefendants' Answerslife pension amendmentstatutory entitlement
References
Case No. ADJ801311 (SFO 0482182)
Regular
Dec 28, 2009

WILLARD GRAY vs. LEE'S IMPERIAL WELDING, VIRGINIA SURETY CORPORATION

The WCJ's finding that the applicant's life pension would increase annually commencing on January 1 following the receipt of the life pension weekly benefit was reconsidered and the matter is returned to the WCJ for further proceedings and a new decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationCorrected Findings and AwardIndustrial Cumulative TraumaPermanent DisabilityApportionmentLife PensionLabor Code section 4659(c)Cost of Living AdjustmentsDuncan v. Workers' Comp. Appeals Bd.
References
Case No. FRE 0185879, FRE 0094306
Regular
Dec 20, 2007

RHONDA KAREN GAITHER vs. BECKMAN COULTER, INC., INSURANCE COMPANY OF PENNSYLVANIA

The Appeals Board granted reconsideration to amend an award for Rhonda Karen Gaither. While affirming the 91% permanent disability, the Board added a life pension, increasing the attorney's fees to 15% of the total award, including the commuted value of the pension. The Board adopted the Workers' Compensation Judge's reasoning regarding vocational rehabilitation feasibility and the credibility of expert testimony.

Workers' Compensation Appeals BoardRhonda Karen GaitherBeckman CoulterInc.Insurance Company of PennsylvaniaAIG Claims ServicesInc.Findings and AwardPermanent DisabilityVocational Rehabilitation
References
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