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Case Law Database

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

Case No. MON 0299474; MON 0299475 (MF); MON 0299476
Regular
Jul 09, 2008

JEANINE BRINKER vs. THE BOEING COMPANY, BROADSPIRE SERVICES

The Workers' Compensation Appeals Board denied the lien claimant's Petition for Reconsideration based on the WCJ's report. The Board also corrected a clerical error in the case caption, specifying that case number MON 0299475, not MON 0299474, is the master file. The WCJ's decision is otherwise affirmed.

Workers' Compensation Appeals BoardPetition for ReconsiderationDenying PetitionCorrection ErrorWorkers' Compensation Administrative Law JudgeMaster FileClerical ErrorContinuing JurisdictionJoint Findings Award and OrderLien Claimant
References
2
Case No. MON 0255649
Regular
Dec 27, 2007

IN SOON SONG vs. WINDSOR MANOR

The Workers' Compensation Appeals Board denied In Soon Song's petition for reconsideration, upholding a prior finding that her psychiatric injury claim was barred by Labor Code section 3208.3(h). This section excludes claims substantially caused by lawful, non-discriminatory, good-faith personnel actions. The Board adopted the Judge's report, which detailed how Song's employment issues, including disciplinary actions and a workplace conflict investigation, constituted such actions. Defendant's request for sanctions was also denied.

WORKERS' COMPENSATION APPEALS BOARDWINDSOR MANORMON 0255649LAO 0771737ORDER DENYING RECONSIDERATIONPetition for ReconsiderationLabor Code 5813sanctionsFindings and OrderLabor Code section 3208.3(h)
References
2
Case No. MON 194698; MON 207598 MON 223394; MON 235364 MON 339021; MON 339022
Regular
Feb 11, 2008

JAY VARGA vs. CITY OF LOS ANGELES

The Workers' Compensation Appeals Board denied the employer's Petition for Removal, which sought to rescind an order to reconstruct missing files by trial. The Board found the petition lacked merit, as the employer failed to demonstrate irreparable harm and the trial judge could assess any remaining file deficiencies. The court also noted the petition was unverified but this did not warrant dismissal.

Petition for RemovalMandatory Settlement Conferencereconstructed filesdue processsubstantial prejudiceirreparable harmWCAB Rule 10843Labor Code section 5310verificationtrial level
References
0
Case No. MON 0255706 MON 0255709 MON 0212151 MON 0212152 MON 0259047
Regular
Jan 25, 2008

RUBY B. YARYAN vs. YOUR STAFF, INC., CALIFORNIA COMPENSATION INSURANCE, County of Los Angeles

The Appeals Board rescinded the original decision due to vagueness regarding permanent disability and apportionment of injuries. The Board remanded the case for further proceedings, instructing the judge to reconsider the matter in light of recent case law and provide specific findings on each issue. The decision clarifies that apportionment of disability between injuries cannot be deferred, unlike liability between defendants.

Workers' Compensation Appeals BoardReconsiderationJoint Findings and AwardPermanent and Stationary (P&S)Permanent DisabilityApportionmentAgreed Medical Evaluator (AME)Compensable ConsequenceWilkinson ruleBenson v. The Permanente Medical Group
References
2
Case No. MON 313615; MON 312443; MON 315655; MON 315656
Regular
Sep 11, 2007

BRUCE BALBIRNIE vs. CITY OF LONG BEACH

The Workers' Compensation Appeals Board denied reconsideration, upholding the finding of 74% permanent disability for the applicant fire captain. The Board found that the defendant employer failed to meet its burden of proof to demonstrate overlap with prior awards, citing that prior awards lacked specific work restrictions and applied to different body parts. The Court affirmed that the employer must prove the extent of overlap between prior and current disabilities to justify apportionment.

Workers' Compensation Appeals BoardReconsideration DeniedFire CaptainIndustrial InjuryInternal OrgansHypertensionCervical SpineLumbosacral SpineRight KneeHearing Loss
References
4
Case No. MON 252295, MON 204621, MON 204619, and MON 206491
Regular
Apr 29, 2008

MYRNA MORGAN vs. KAISER, Permissibly Self-Insured, LEXIN, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) rescinded the administrative law judge's (WCJ) decision regarding applicant Myrna Morgan's successive industrial injuries. The WCAB found that the WCJ improperly applied the monetary-value subtraction method for apportionment and that the *Wilkinson* doctrine is no longer generally applicable post-SB 899. The case is returned to the trial level for further development of the record and a new decision consistent with current apportionment law.

Workers Compensation Appeals BoardReconsiderationFindings Award and OrdersIndustrial InjuryPsycheUpper ExtremitiesLower ExtremitiesSpineStipulations with Request for AwardPermanent Disability
References
9
Case No. MON 0345249; MON 0279966 MON 0279967; MON 0339982
Regular
May 19, 2008

MIKO PIERACCINI vs. MARRIOTT INTERNATIONAL, Permissibly Self-Insured

The Appeals Board granted reconsideration, rescinded the WCJ's award, and found that the applicant did not sustain industrial injury arising out of and occurring in the course of employment for any of the claimed dates. This decision was based on the reviewing of the AME's reports and deposition, which were found to lack substantial evidence regarding causation and dates of injury, rendering the EDD lien moot. Consequently, the EDD was ordered to take nothing on its lien.

AOE/COEReconsiderationFindings and AwardStipulationsTemporary DisabilityPermanent and StationaryLabor Code section 3600(a)Hamilton v. Lockheed CorporationSubstantial EvidenceEmployment Development Department (EDD)
References
3
Case No. ADJ2664628 (MON 0192129) ADJ3433059 (MON 0117435) ADJ3492686 (MON 0174315) ADJ3519577 (MON 0117436) ADJ3629755 (MON 0210291) ADJ3759663 (MON 0069692) ADJ4060215 (MON 0117437)
Regular
Mar 18, 2019

FAHMY ATTIA vs. GTE CORPORATION, ACE AMERICAN INSURANCE COMPANY, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES

This case involves applicant Fahmy Attia's petition for reconsideration of an Order Approving Compromise and Release (OACR). The Appeals Board denied reconsideration on the merits, adopting the WCJ's reasoning. Despite a defective service of the OACR by the WCJ, the Board treated the petition as timely filed and accepted a supplemental filing from the applicant. Ultimately, the Board found that the OACR validly settled all of the applicant's claims, including future medical care.

WORKERS' COMPENSATION APPEALS BOARDGTE CORPORATIONACE AMERICAN INSURANCE COMPANYSEDGWICK CLAIMS MANAGEMENT SERVICESPetition for Reconsiderationworkers’ compensation administrative law judgeWCJOrder Approving Compromise and ReleaseOACRdefective service
References
0
Case No. MON 0342308; MON 0288941 MON 0288940
Regular
Aug 27, 2007

ENRIQUE JAIME HIGUEROS vs. FJ WARD MAINTENANCE, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, WILLIAMBERG INSURANCE

The Workers' Compensation Appeals Board granted reconsideration and vacated an arbitrator's decision because the arbitrator failed to issue a decision within the mandatory 30-day period required by Labor Code § 5722. The Board found no agreement by the parties to extend this deadline and no valid reason to toll the time. Consequently, the matter was returned to the trial level for further proceedings.

CIGALegion Insurance CompanyWilliamsberg InsuranceArbritrator's DecisionPetition for ReconsiderationLabor Code Section 5722Submission OrderForfeiture of Arbitrator's FeeAOE/COECompromise and Release
References
2
Case No. MON 0237705 MON 0232099 MON 0222730
Regular
Apr 07, 2008

LEONARD MAGALLANES vs. MATHESON FAST FREIGHT, STATE COMPENSATION INSURANCE FUND, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, INTERCARE INSURANCE SERVICES, RELIANCE INSURANCE COMPANY

The Workers' Compensation Appeals Board rescinded the previous award, finding that the administrative law judge erred by not properly apportioning permanent disability to each industrial injury, as required by the *Benson* en banc decision. The Board also addressed the timeliness of CIGA's petition, finding it timely filed due to CIGA's sworn declaration of late receipt. The case is returned to the trial level for further proceedings and decision on apportionment.

CIGAMatheson Fast FreightState Compensation Insurance FundReliance Insurance CompanyliquidationreconsiderationFindings of Fact and Awardpermanent disabilityapportionmentBenson v. Permanente Medical Group
References
9
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