Updated Daily

Case Law Database

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

Case No. GOL 0087934, GOL 0087935, GOL 0087936

En Banc

Feb 13, 2002

Alonso Navarro vs. A&A Farming, Western Growers Insurance Co.

The Board held that the applicant's claim of discrimination under Labor Code section 132a was preempted by the federal Employee Retirement Income Security Act (ERISA), as the claim was premised on the employer's termination of contributions to an ERISA-regulated health plan.

ERISA preemptionLabor Code section 132agroup health benefitsdiscrimination claimadverse actionemployee welfare benefit planworkers' compensationindustrial injuriesemployer contributionstemporary disability

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. GOL 0087934, GOL 0087935, GOL 0087936

Significant

Feb 13, 2002

Alonso Navarro vs. A&A Farming, Western Growers Insurance Co.

The Board held that an employee's claim of discrimination under Labor Code section 132a, based on an employer's termination of contributions to an ERISA group health plan due to the employee's extended disability leave, is preempted by the federal Employee Retirement Income Security Act (ERISA).

Labor Code section 132aERISA preemptiongroup health benefitsdiscriminationtemporary disabilityworkers' compensationadverse actionemployer policyfederal lawstate law

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

Case No. OAK 287370

Regular

Oct 22, 2007

JUAN CARLOS AVILA vs. PROFINISHING, STATE COMPENSATION INSURANCE FUND

The defendant sought reconsideration of an award for a right lower extremity industrial injury, arguing the judge improperly considered labor market competitiveness for a less than 100% permanent disability rating and miscalculated weekly life pension benefits. The Appeals Board granted reconsideration, affirming the disability rating but deferring the calculation of weekly life pension benefits for parties to informally adjust, reserving jurisdiction. The decision incorporates the judge's report and amends the award regarding the life pension calculation.

Petition for ReconsiderationPermanent Disability RatingDiminished Ability to CompeteOpen Labor MarketTemporary DisabilityLife PensionLabor Code Section 4659Industrial InjuryPainter/Material HandlerFindings Award and Order

References

Case No. ADJ147194 (LBO 0326325)

Regular

Sep 07, 2010

MIRTHA SHIMIZU vs. UNITED AIRLINES, GALLAGHER BASSETT

The Appeals Board granted reconsideration to address the defendant's contentions regarding Cost of Living Adjustments (COLAs) and the calculation of a life pension and attorney's fees. The Board affirmed the finding of 92% permanent disability but rescinded the previous award regarding COLAs, life pension, and attorney's fees. The matter was returned to the trial level for the Workers' Compensation Judge to calculate the specific amounts for the life pension and attorney's fees. Pending this finalization, the defendant was ordered to continue paying permanent disability indemnity.

Workers' Compensation Appeals BoardReconsiderationPermanent DisabilityLife PensionAttorney's FeesCOLALabor Code Section 4659Date of InjuryWCJDisability Evaluation Unit

References

Case No. ADJ574848

Regular

May 14, 2012

, DAVID FITZGERALD vs. , STATE OF CALIFORNIA EMPLOYMENT DEVELOPMENT DEPARTMENT

This case concerns a dispute over attorney's fees awarded from a life pension. The defendant sought reconsideration of a supplemental award granting applicant's attorney an additional 15% of the life pension's present value. The Appeals Board granted reconsideration, finding the original award in December 2010 already included a specific attorney's fee for the life pension. Since applicant's counsel did not seek reconsideration of that initial award, they waived their right to a further fee. Therefore, the Board rescinded the supplemental award and ruled the attorney was not entitled to additional fees.

Workers' Compensation Appeals BoardSupplemental Findings and AwardAttorney FeeLife PensionPresent ValuePetition for ReconsiderationAmended Findings and AwardIndustrial InjuryCumulative PeriodPermanent Disability

References

Case No. ADJ7306752

Regular

Mar 20, 2023

ROBERT CAMARILLO vs. SAFENET, INCORPORATED, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

In this case, the Workers' Compensation Appeals Board (WCAB) granted reconsideration of a judge's decision that commuted the entire attorney's fee award from the applicant's life pension. The WCAB found that the judge erred by overlooking a portion of the fee calculation designated to be paid from accrued permanent disability benefits. Consequently, the WCAB rescinded the original award and substituted new findings, ordering that a portion of the attorney's fees be paid from accrued permanent disability benefits and the remainder from the life pension. The matter was returned to the trial level for further proceedings, including calculating the adjusted weekly life pension payments.

Petition for ReconsiderationAmended Findings and AwardPermanent Disability AwardLife PensionAttorney's FeesCommutationDisability Evaluation UnitPetitionRescindSubstitute Findings

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. GOL 0087934, GOL 0087935, GOL 0087936

En Banc

Feb 13, 2002

Alonso Navarro vs. A&A Farming, Western Growers Insurance Co.

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. GOL 0087934, GOL 0087935, GOL 0087936

Significant

Feb 13, 2002

Alonso Navarro vs. A&A Farming, Western Growers Insurance Co.

Labor Code section 132aERISA preemptiongroup health benefitsdiscriminationtemporary disabilityworkers' compensationadverse actionemployer policyfederal lawstate law

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

Case No. OAK 287370

Regular

Oct 22, 2007

JUAN CARLOS AVILA vs. PROFINISHING, STATE COMPENSATION INSURANCE FUND

References

Case No. ADJ147194 (LBO 0326325)

Regular

Sep 07, 2010

MIRTHA SHIMIZU vs. UNITED AIRLINES, GALLAGHER BASSETT

Workers' Compensation Appeals BoardReconsiderationPermanent DisabilityLife PensionAttorney's FeesCOLALabor Code Section 4659Date of InjuryWCJDisability Evaluation Unit

References

Case No. ADJ574848

Regular

May 14, 2012

, DAVID FITZGERALD vs. , STATE OF CALIFORNIA EMPLOYMENT DEVELOPMENT DEPARTMENT

References

Case No. ADJ7306752

Regular

Mar 20, 2023

ROBERT CAMARILLO vs. SAFENET, INCORPORATED, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

Petition for ReconsiderationAmended Findings and AwardPermanent Disability AwardLife PensionAttorney's FeesCommutationDisability Evaluation UnitPetitionRescindSubstitute Findings

References

Showing 1-10 of 249 results

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