Updated Daily

Case Law Database

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. 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. 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. ADJ4589994 (FRE 0246667)

Regular

Feb 25, 2013

DOROTHY VANDENBERG vs. KINGS COUNTY

The Workers' Compensation Appeals Board granted reconsideration to address an internally inconsistent clause in a Stipulated Award. Defendant sought to clarify the commencement date for the State Average Weekly Wage (SAWW) adjustment to the applicant's life pension. The Board construed the ambiguous clause, drafted by the applicant's attorney, in favor of the defendant. Consequently, the SAWW increase will commence in accordance with the *Baker v. WCAB* decision, effective January 1, 2018.

WORKERS' COMPENSATION APPEALS BOARDDOROTHY VANDENBERGKINGS COUNTYINNOVATIVE CLAIM SOLUTIONSINC.ADJ4589994FRE 0246667RECONSIDERATIONFINDINGS AND ORDERSTIPULATED AWARD

References

Case No. ADJ1350252

Regular

Nov 28, 2011

REFUGIO PEREZ vs. ORANGE PLASTICS, STATE COMPENSATION INSURANCE FUND

This case concerns an applicant who suffered an industrial injury resulting in permanent disability and a life pension. The applicant's attorney petitioned for reconsideration, arguing that attorney fees were not awarded for the life pension benefits. The Workers' Compensation Appeals Board granted reconsideration, agreeing that fees are due on the life pension. The Board amended its prior decision to defer the attorney fees issue for the life pension to the trial level for further determination. The matter is returned to the trial judge for this specific purpose.

Workers' Compensation Appeals BoardRefugio PerezOrange PlasticsState Compensation Insurance FundReconsiderationPermanent DisabilityLife PensionAttorney FeesCost of Living AdjustmentsBaker v. Workers' Comp. Appeals Bd.

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. ADJ1649257 (POM0263288)

Regular

Jun 05, 2017

RICARDO MUNGUIA vs. ML STEEL CORPORATION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to address the issue of a life pension, which was erroneously omitted despite a $77\%$ permanent disability award. The Board affirmed the WCJ's decision regarding permanent disability but amended it to defer the life pension issue. This matter is returned to the trial level for further proceedings and a new decision by the WCJ on the life pension.

Petition for ReconsiderationLife PensionPermanent DisabilityLabor Code Section 4659Workers' Compensation Appeals BoardDecision After ReconsiderationDeferred IssueTrial Level JurisdictionDisability IndemnityAttorney Fees

References

Case No. ADJ1666882 (SDO 0361801)

Regular

Aug 05, 2009

PHILLIP EWERT vs. CITY OF NATIONAL CITY, permissibly selfinsured

This case involves a firefighter with prostate cancer who was awarded 70% permanent disability and a life pension. The employer sought reconsideration, arguing the disability rating was too high and inconsistent with AMA Guides and the 2005 Schedule. The Appeals Board affirmed the 70% disability rating but granted reconsideration to amend the award to include annual increases for the life pension. The Board also deferred the issue of the applicant's attorney's fee pending a present value calculation of the life pension and further consideration by the WCJ.

Prostate cancerfirefighter injurypermanent disability ratingAMA Guides2005 ScheduleLabor Code section 4660life pensionsection 4659(c)state average weekly wageattorney's fee

References

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Updated Daily

Case Law Database

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

Cumulative traumaSpineLeft shoulderRight wristBilateral kneesLeft ankleCardiovascular systemHypertensionPermanent disabilityLife pension

References

Case No. ADJ2977853

Regular

Oct 01, 2010

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

Workers' Compensation Appeals BoardReconsiderationLife PensionAttorney FeeCommutationPermanent DisabilityApportionmentIndustrial InjuryMedical TreatmentWCJ

References

Case No. ADJ10782441 ADJ9193836

Regular

Apr 15, 2019

Stacy Smith vs. COUNTY OF LOS ANGELES

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

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

References

Case No. ADJ4589994 (FRE 0246667)

Regular

Feb 25, 2013

DOROTHY VANDENBERG vs. KINGS COUNTY

WORKERS' COMPENSATION APPEALS BOARDDOROTHY VANDENBERGKINGS COUNTYINNOVATIVE CLAIM SOLUTIONSINC.ADJ4589994FRE 0246667RECONSIDERATIONFINDINGS AND ORDERSTIPULATED AWARD

References

Case No. ADJ1350252

Regular

Nov 28, 2011

REFUGIO PEREZ vs. ORANGE PLASTICS, STATE COMPENSATION INSURANCE FUND

References

Case No. ADJ7113572

Regular

Oct 08, 2012

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

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeReconsiderationLife PensionAttorney's FeePresent ValueCommutationSupplemental OrderJurisdiction Reserved

References

Case No. ADJ1649257 (POM0263288)

Regular

Jun 05, 2017

RICARDO MUNGUIA vs. ML STEEL CORPORATION, STATE COMPENSATION INSURANCE FUND

References

Case No. ADJ1666882 (SDO 0361801)

Regular

Aug 05, 2009

PHILLIP EWERT vs. CITY OF NATIONAL CITY, permissibly selfinsured

Prostate cancerfirefighter injurypermanent disability ratingAMA Guides2005 ScheduleLabor Code section 4660life pensionsection 4659(c)state average weekly wageattorney's fee

References

Showing 1-10 of 250 results

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