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

Case No. ADJ3562782
Regular
Oct 14, 2009

HALINA KROLICKI vs. SOURCE INTERLINK, SENTRY INSURANCE COMPANY

The Appeals Board granted reconsideration, rescinded the Findings and Award of July 30, 2009, and returned the matter for further proceedings due to the trial judge's failure to allow cross-examination of the rating specialist.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardIndustrial InjuryMagazine MerchandiserTemporary DisabilityPermanent DisabilityMedical TreatmentSelf-Procured Medical TreatmentSubstantial Medical Evidence
References
Case No. ADJ1418817 (VNO 0459514) ADJ3163324 (VNO 0459517)
Regular
Nov 03, 2009

EDGAR I. HERNANDEZ vs. WINNIE QUACH, dba as LICENSED MERCHANDISE DISTRIBUTORS, UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Appeals Board granted defendant's Petition for Reconsideration and ordered that any party in possession of documentation of service of all documents issued by the Worker's Compensation Appeals Board on defendant, shall file those documents.

Workers' Compensation Appeals BoardWinnie QuachLicensed Merchandise DistributorsUninsured Employers Benefits Trust FundPetition for ReconsiderationCompromise and ReleaseAwardProof of ServiceDocumentary EvidenceOrder Admitting
References
Case No. ADJ1709177 (RDG 0123815) ADJ2342314 (RDG 0126082)
Regular
Mar 22, 2013

LAUREL WRIGHT vs. INTERSTATE BRANDS CORPORATION, BROADSPIRE

The Workers' Compensation Appeals Board denied reconsideration of the applicant's petition, affirming the administrative law judge's (WCJ) report. The board initially overlooked the petition due to an administrative error but addressed it on its merits, finding no grounds for reconsideration. The WCJ's report thoroughly addressed and rejected the applicant's contentions regarding earnings, permanent disability, medical treatment, and apportionment, relying on medical opinions and established legal precedents.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportElectronic Adjudication Management SystemShipley v. Workers' Comp. Appeals Bd.MerchandiserOccupational Group #350Dates of InjuryParts of Body InjuredAgreed Medical Examiners (AME's)
References
Case No. ADJ3483133 (LBO 0389333)
Regular
Jan 31, 2011

GENE BROWN vs. PEPSI BOTTLING GROUP, OLD REPUBLIC

In this case, the defendant sought reconsideration of an award finding a left shoulder injury and $12\%$ permanent disability for the applicant, Gene Brown. The core dispute involved a clerical error in the permanent disability indemnity rate, which was initially awarded at $\$270.00$ per week instead of the correct statutory rate of $\$230.00$. While the WCJ amended the award to correct the indemnity rate, this correction did not proportionately adjust the attorney fees. The Appeals Board granted reconsideration, rescinded both the original and amended decisions, and returned the matter to the trial level for recalculation of attorney fees and a new decision.

Permanent disability indemnityReconsiderationClerical errorIndemnity rateAmended Findings and AwardLabor Code sections 4658(d)Labor Code sections 4660(d)Offer of modified workAttorney feesWorkers' Compensation Appeals Board
References
Case No. ADJ8018637
Regular
Feb 27, 2015

JOSE SOTO vs. COCA COLA ENTERPRISES, Permissibly Self-Insured, Administered By SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

This case concerns an applicant's claim for workers' compensation benefits for a left ankle injury sustained on July 14, 2011. The WCJ awarded temporary disability indemnity benefits for specific periods, which the defendant appealed, arguing error. The Appeals Board granted reconsideration, finding the medical reporting supporting the award lacked substantial evidence and was based on unsubmitted records. Consequently, the Board deferred the finding on temporary disability and returned the case for further proceedings and a new decision by the WCJ.

WCABPetition for ReconsiderationJoint Findings and Awardtemporary disability indemnitymerchandiserindustrial injuryleft anklemodified workwork restrictionsPanel Qualified Medical Evaluator (PQME)
References
Case No. ADJ7035398
Regular
Mar 10, 2010

ANDREW MERLOS vs. COCA COLA ENTERPRISES, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

Defendant Coca Cola Enterprises petitioned for removal of a WCJ's order requiring an adjuster to appear in person at trial with settlement authority. Defendant argued the adjuster was in Ontario, travel was costly, settlement authority was present at the MSC, and the order denied due process. The Appeals Board granted removal, finding the order would not facilitate settlement and the expense was unjustified given the parties' positions. The Board amended the order to allow the adjuster to appear by telephone with settlement authority.

Workers' Compensation Appeals BoardPetition for RemovalOrder to AppearSettlement AuthorityMandatory Settlement ConferenceDue ProcessQualified Medical EvaluationPermanent DisabilityTrial AppearanceTelephone Appearance
References
Case No. ADJ4606826 (SJO 0265682)
Regular
Jul 01, 2009

WILBERT LEE vs. COCA-COLA BOTTLING CO., Permissibly Self-Insured, Adjusted By SEDGWICK CMS

In this workers' compensation case, the Board rescinded its prior decision and found the applicant entitled to temporary total disability indemnity. This indemnity is awarded for the period between November 21, 2007, and January 28, 2008, when the applicant was medically deemed unable to work. However, the applicant is estopped from receiving temporary disability indemnity for periods of temporary partial disability due to refusing modified work without good cause. The Board affirmed its finding that the applicant is not entitled to temporary disability for periods of partial disability for the reasons stated in its earlier opinion.

Workers' Compensation Appeals BoardReconsiderationTemporary Disability IndemnityModified WorkEstoppelAgreed Medical EvaluatorPrimary Treating PhysicianTemporary Total DisabilityTemporary Partial DisabilityOdd Lot Doctrine
References
Case No. ADJ2888302
Regular
Jul 24, 2014

JACOB SPIELMAN vs. COCA COLA ENTERPRISES, KEMPER INSURANCE CO.

This case involves an applicant's dispute over an amended workers' compensation order issued ex parte by the defendant. The Appeals Board dismissed the applicant's petition for removal but granted reconsideration of the order. The Board found that the applicant was denied due process by not having an opportunity to be heard on the amended provisions regarding penalty and attorney fee issues. Consequently, the Amended Order was rescinded, and the matter was returned for further proceedings.

Workers' Compensation Appeals BoardPetition for RemovalPetition for ReconsiderationAmended AwardPenalty ClaimsStipulation with Request for AwardEx Parte CommunicationDue ProcessOpportunity to be HeardRescinded Order
References
Case No. ADJ2073289 (SAC 0348742) ADJ2667420 (SAC 0348743)
Regular
May 27, 2011

DONALD VADNAIS vs. KRAFT FOODS NABISCO

This case involves a dispute over permanent disability advances and credits taken by the defendant employer. The Appeals Board granted reconsideration to address clerical errors in the defendant's favor regarding the exact amount of credit. However, the Board also issued a notice of intention to sanction the defendant, its attorney, and law firm for filing a frivolous petition for reconsideration over a de minimis three-cent discrepancy. The Board found that seeking reconsideration for such a trivial error was an unreasonable use of resources and a delay tactic.

Permanent Disability AdvancesCredit for OverpaymentLabor Code Section 4909Clerical ErrorPetition for ReconsiderationSanctionsBad-Faith TacticsLabor Code Section 5813WCAB Rule 10561Equitable Reasons
References
Case No. ADJ10356570
Regular
Oct 20, 2017

SYRUS YARBROUGH vs. SOUTHERN GLAZER'S WINE AND SPIRITS, TRUMBALL INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted applicant Syrus Yarbrough's Petition for Removal, rescinding a previous order compelling him to attend an Agreed Medical Evaluator (AME) appointment. The WCAB found that Labor Code section 4067, relied upon by the judge, did not apply as applicant had not yet attended a formal AME evaluation. Furthermore, the WCAB clarified that Labor Code section 4062.2(f) only applies after an AME evaluation has occurred and does not preclude withdrawal from an AME agreement before such an evaluation. The WCAB noted that the applicant could still be ordered to see his regular physician or a Qualified Medical Evaluator.

Petition for RemovalAgreed Medical EvaluatorPetition to CompelMedical ExaminationSignificant PrejudiceIrreparable HarmLabor Code Section 4067Labor Code Section 4062.2(f)Withdraw from AMEWCAB
References
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