Updated Daily

Case Law Database

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

Case No. POM 240908, LAO 712097

En Banc

Juan A. Rivera, Calvin Crump vs. Tower Staffing Solutions, State Compensation Insurance Fund, Los Angeles Unified School District, Helmsman Management Service

The Workers' Compensation Appeals Board holds that the 10 percent penalty for late payment under Labor Code section 4650(d) applies only to periodic indemnity payments and not to the lump sum proceeds of commutations or Compromise and Release (C&R) agreements.

En Banc DecisionLabor Code § 4650(d)CommutationCompromise and Release (C&R)Periodic Indemnity PaymentsLump SumDeath BenefitsVocational Rehabilitation Maintenance Allowance (VRMA)PenaltiesLabor Code § 5814

References

Case No. ADJ10871045 ADJ10871047 ADJ10871049

Regular

Feb 19, 2019

XAVIER HERNDON vs. BENIHANA, INC.; ZURICH NORTH AMERICA

The Appeals Board granted reconsideration and rescinded the WCJ's order commuting all future payments to a lump sum. The Board found the commutation order violated defendant's due process rights by failing to provide notice and an opportunity to object or present evidence. The matter is returned to the trial level for further proceedings, including notice and a potential hearing on the commutation request.

Order of CommutationPetition for ReconsiderationDue ProcessNoticeOpportunity to be HeardWCJWorkers' Compensation Appeals BoardLump SumStipulationsAward

References

Case No. ADJ558286

Regular

Dec 13, 2010

DEBORAH McCALLUM (Deceased) WINONA McCALLUM vs. AGRO-TECH LANDSCAPE CONTRACTORS, STATE COMPENSATION INSURANCE FUND

This case involves a deceased worker's dependent seeking commutation of future annuity payments to a lump sum due to alleged financial hardship. The Workers' Compensation Appeals Board (WCAB) denied the petition for reconsideration. The WCAB found that even though the judge's ruling on jurisdiction over the annuity company was flawed, the applicant's request was procedurally defective. Specifically, the applicant's interests are intertwined with his sister's, and their payments are managed by a guardian ad litem, preventing the applicant from acting independently.

Workers' Compensation Appeals BoardPetition for ReconsiderationJurisdictionAnnuity Companycommutationlump sumStatute of LimitationsLabor Code section 5804Order Approving Compromise and Release (OACR)dependency claim

References

Case No. ADJ9332840

Regular

Aug 01, 2017

ANA BARAJAS vs. VF CORPORATION, ACE AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a Findings and Order, but only to strike the ordered $10\%$ penalty and interest. The Board affirmed the original order awarding applicant $\$ 5,598.65$ pursuant to a prior Compromise and Release agreement. Defendant's contention that penalties and interest were improperly applied to the commuted lump sum settlement had merit and was adopted by the Board. The Board found defendant's petition for reconsideration was timely filed concerning the May 26, 2017 Findings and Order.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderCompromise and Releasepermanent disability advancesmutual mistakepenaltiesfuture indemnity paymentslump sumtimeliness

References

Case No. ADJ9066614

Regular

Sep 08, 2015

James Stewart vs. California Department of Corrections and Rehabilitation, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted the applicant's petition for reconsideration, overturning the WCJ's denial of a lump-sum commutation of his permanent disability award. The Board found sufficient evidence of applicant's extensive debts, including significant amounts owed to family and friends for living expenses, supporting a partial commutation. However, the commutation will exclude the car loan, as applicant's current income is deemed sufficient to manage that debt. The matter is returned to the trial level to determine the precise commutation amount.

CommutationPermanent Disability AwardFinancial HardshipPetition for ReconsiderationStipulated AwardCumulative TraumaHypertensionCorrectional OfficerDebt ObligationsLump Sum

References

Case No. POM 240908, LAO 712097

Significant

Juan A. Rivera, Applicant vs. Tower Staffing Solutions, State Compensation Insurance Fund

The Workers' Compensation Appeals Board, in an en banc decision, holds that the 10 percent penalty for late indemnity payments under Labor Code section 4650(d) applies only to periodic payments and not to lump-sum proceeds from commutations or Compromise and Release agreements.

En BancReconsiderationLabor Code Section 5814Labor Code Section 4650(d)Commuted AwardCompromise and ReleaseDeath BenefitsVocational Rehabilitation Maintenance AllowancePeriodic Indemnity PaymentsLump Sum Proceeds

References

Case No. ADJ9913035

Regular

Sep 20, 2019

CLAUDIA KNIGHT vs. TRIDENT USA HEALTH SERVICES, AMERICAN CASUALTY COMPANY OF READING, PA

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to award applicant's attorney a 15% fee on a lump sum temporary disability (TD) payment. The WCAB found that the employer's carrier received notice of the attorney's request to withhold fees from the TD payment, despite a dispute over fax receipt. By failing to withhold the requested fees, the defendant became liable for an additional attorney's fee of $4,835.88. This decision overturns the prior administrative law judge's denial of the fee.

Workers' Compensation Appeals BoardReconsiderationAttorney's FeesTemporary DisabilityLump Sum PaymentQualified Medical Examiner (PQME)Declaration of Readiness (DOR)Objection to DORFaxNotice of Lien

References

Case No. ADJ8232177

Regular

Jul 03, 2018

CANDELARIO MANJARREZ vs. STARBUCKS COFFEE COMPANY

This case involves an applicant seeking reconsideration of a workers' compensation award, claiming it omitted a promised $15,000 lump sum with a 40-year annuity. The Appeals Board dismissed the petition as premature due to insufficient evidence to support the applicant's claims of mistake or fraud. The Board recommended treating the petition as a request to set aside the award, requiring a hearing to allow the applicant to present evidence. This procedural step is necessary before the Board can make a determination on the merits of the applicant's contentions.

Petition for ReconsiderationStipulation with Request for AwardLump-sum paymentAnnuityPetition to Set AsideBaristaTemporary disabilityPermanent disabilityFuture medical careUnilateral mistake

References

Case No. ADJ207630 (VNO 0423900), ADJ4689357 (VNO 0462906)

Regular

Feb 11, 2015

MANUEL PASQUIER vs. VOLUTONE DISTRIBUTING COMPANY, VIRGINIA SURETY INSURANCE COMPANY

This case concerns applicant Manuel Pasquier's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision. The WCAB initially found that the defendant unreasonably delayed three lump sum payments, resulting in interest, a $10,000 penalty under Labor Code § 5814, and attorney's fees. Pasquier argued for multiple penalties, citing the distinct nature of the payments, while the WCAB affirmed the single penalty, viewing the late payments as one act of unreasonable delay. The majority also upheld the WCJ's attorney's fee calculation, disagreeing with Pasquier's claim for higher fees and hours. However, one Board member dissented, arguing that the three distinct payments (disability indemnity, MSA seed money, and attorney's fees) constituted separate acts of unreasonable delay, each warranting an individual penalty, and supported the higher attorney's fee rate.

Compromise and ReleaseJoint Findings of Fact and Orderunreasonable delaylump sum paymentsLabor Code section 5814attorney's feeLabor Code section 5814.5Petition for Reconsiderationworkers' compensation administrative law judgeseparate acts

References

Case No. ADJ2549830 (LAO 0657500)

Regular

Apr 04, 2011

ANTHONY WELCH vs. SUBSEQUENT INJURIES BENEFITS TRUST FUND

The Subsequent Injuries Benefits Trust Fund (SIBTF) sought reconsideration of a WCJ award that included a $29,000 lump-sum attorney fee. The SIBTF argued this violated Labor Code section 5100.5, which prohibits commutation of SIBTF benefits for attorney fees. The Appeals Board granted reconsideration, finding the attorney's unilateral addition of the lump sum to stipulations unacceptable. The Board amended the award to provide the attorney a fee of 15% of each weekly indemnity payment, affirming the remainder of the award.

Subsequent Injuries Benefits Trust FundPetition for ReconsiderationAttorney FeesLabor Code Section 5100.5CommutationStipulations with Request for AwardUnilateral AlterationWCJ AwardPermanent Disability IndemnityLife Pension Indemnity

References

Showing 1-10 of 61 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

Updated Daily

Case Law Database

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

Case No. POM 240908, LAO 712097

En Banc

Juan A. Rivera, Calvin Crump vs. Tower Staffing Solutions, State Compensation Insurance Fund, Los Angeles Unified School District, Helmsman Management Service

References

Case No. ADJ10871045 ADJ10871047 ADJ10871049

Regular

Feb 19, 2019

XAVIER HERNDON vs. BENIHANA, INC.; ZURICH NORTH AMERICA

Order of CommutationPetition for ReconsiderationDue ProcessNoticeOpportunity to be HeardWCJWorkers' Compensation Appeals BoardLump SumStipulationsAward

References

Case No. ADJ558286

Regular

Dec 13, 2010

DEBORAH McCALLUM (Deceased) WINONA McCALLUM vs. AGRO-TECH LANDSCAPE CONTRACTORS, STATE COMPENSATION INSURANCE FUND

References

Case No. ADJ9332840

Regular

Aug 01, 2017

ANA BARAJAS vs. VF CORPORATION, ACE AMERICAN INSURANCE COMPANY

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderCompromise and Releasepermanent disability advancesmutual mistakepenaltiesfuture indemnity paymentslump sumtimeliness

References

Case No. ADJ9066614

Regular

Sep 08, 2015

James Stewart vs. California Department of Corrections and Rehabilitation, STATE COMPENSATION INSURANCE FUND

CommutationPermanent Disability AwardFinancial HardshipPetition for ReconsiderationStipulated AwardCumulative TraumaHypertensionCorrectional OfficerDebt ObligationsLump Sum

References

Case No. POM 240908, LAO 712097

Significant

Juan A. Rivera, Applicant vs. Tower Staffing Solutions, State Compensation Insurance Fund

References

Case No. ADJ9913035

Regular

Sep 20, 2019

CLAUDIA KNIGHT vs. TRIDENT USA HEALTH SERVICES, AMERICAN CASUALTY COMPANY OF READING, PA

Workers' Compensation Appeals BoardReconsiderationAttorney's FeesTemporary DisabilityLump Sum PaymentQualified Medical Examiner (PQME)Declaration of Readiness (DOR)Objection to DORFaxNotice of Lien

References

Case No. ADJ8232177

Regular

Jul 03, 2018

CANDELARIO MANJARREZ vs. STARBUCKS COFFEE COMPANY

Petition for ReconsiderationStipulation with Request for AwardLump-sum paymentAnnuityPetition to Set AsideBaristaTemporary disabilityPermanent disabilityFuture medical careUnilateral mistake

References

Case No. ADJ207630 (VNO 0423900), ADJ4689357 (VNO 0462906)

Regular

Feb 11, 2015

MANUEL PASQUIER vs. VOLUTONE DISTRIBUTING COMPANY, VIRGINIA SURETY INSURANCE COMPANY

References

Case No. ADJ2549830 (LAO 0657500)

Regular

Apr 04, 2011

ANTHONY WELCH vs. SUBSEQUENT INJURIES BENEFITS TRUST FUND

References

Showing 1-10 of 61 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.