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

Case No. ADJ6586398

Regular

Apr 29, 2013

CARMINA MAGALLANES vs. DEPARTMENT OF SOCIAL SERVICESIHSS, legally uninsured, administered by STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted the defendant's Petition for Reconsideration in the case of Magallanes v. Department of Social Services (IHSS). This grant is based on an initial review indicating a need for further study of the factual and legal issues to ensure a just decision. All future communications regarding this case must now be filed in writing directly with the WCAB Commissioners' office. This order allows for further proceedings and a more thorough examination of the case record.

MagallanesDepartment of Social Services IHSSlegally uninsuredState Compensation Insurance FundADJ6586398Anaheim District OfficeOpinion and Order Granting Reconsiderationstatutory time constraintsfactual and legal issuesjust and reasoned decision

References

Case No. ADJ1743988 (MON 0356865) ADJ3942733 (MON 0356812) ADJ4253379 (MON 0356814) ADJ6440241 (MF)

Regular

Jan 20, 2016

JOSE MAGALLANES vs. O'TASTY FOOD, INCORPORATED, REDWOOD FIRE & CASUALTY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES

This Workers' Compensation Appeals Board decision reviewed petitions for reconsideration from the defendant and lien claimants regarding findings on industrial injuries. The Board affirmed the findings of injury to the applicant's shoulders in one case and back in another, rejecting the defendant's reliance on a QME's opinion. The Board also amended a prior order to clarify that a specific lien claimant is allowed reimbursement for treatment related to the applicant's back injury only. Overall, the Board affirmed the applicant's industrial injuries, with a minor amendment regarding lien claimant reimbursement.

AOE/COEWorkers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact and Order Regarding LiensQualified Medical EvaluatorBurden of ProofCompromise and ReleaseStipulationsAdmitted Into EvidenceDoctor's First Report of Occupational Injury or Illness

References

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

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CARMINA MAGALLANES vs. DEPARTMENT OF SOCIAL SERVICESIHSS, legally uninsured, administered by STATE COMPENSATION INSURANCE FUND

JOSE MAGALLANES vs. O'TASTY FOOD, INCORPORATED, REDWOOD FIRE & CASUALTY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES

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