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

Case No. ADJ8252128
Regular
Nov 30, 2015

HILARY RHONAN vs. COUNTY OF LOS ANGELES, INTERCARE INSURANCE SERVICES

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration to correct mathematical and clerical errors in an award approving stipulations. While the defendant sought to amend the award to include a credit, the Board affirmed the award with specific corrections to the retroactive temporary disability, self-imposed penalty, attorney's fees, and the permanent disability rate. The final award reflects these adjustments as agreed upon and recommended by the WCJ.

Petition for ReconsiderationAward Approving Stipulationsretroactive temporary disabilityself-imposed penaltyattorney's feepermanent disabilityLabor Code section 4658(d)mathematical errorsclerical errorWCJ
References
Case No. SAC 359898
Regular
Oct 03, 2007

STEVE GARRETT vs. STIMPEL-WIEBELHAUS ASSOCIATES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and amended a prior award due to clerical errors in calculating permanent disability indemnity and attorney's fees. The Board corrected the total permanent disability indemnity to $19,585.50 and the attorney's fees to $2,350.00, reflecting the correct payment duration for 22% permanent disability and the applicable rate increase. This amendment was based on the Board's continuing jurisdiction to correct clerical errors.

Stipulations with Request for AwardMathematical ErrorMutual MistakeClerical ErrorPermanent Disability IndemnityAttorney's FeesLabor Code Section 4658(d)Rate IncreaseCommutationContinuing Jurisdiction
References
Case No. ADJ8890143
Regular
Sep 19, 2014

Vanessa White vs. San Diego Gas Electric, Liberty Mutual Insurance Company

In this workers' compensation case, the Appeals Board granted a joint petition for removal to correct a misidentification of the employer on case documents. Although the parties characterized this as a clerical error, the Board clarified it was an attorney error. Despite the lack of stated prejudice, the Board rescinded the prior denial of a petition to amend the order approving the compromise and release. The case is returned to the trial level for the judge to make necessary corrections to court documents and EAMS.

Petition for RemovalOrder Denying PetitionAmendment of Order Approving Compromise and ReleaseEmployer Identification ErrorClerical ErrorAttorney ErrorSubstantial PrejudiceIrreparable HarmWCAB Rule 10843Labor Code Section 5813
References
Case No. ADJ10311021
Regular
Jul 13, 2018

ALVARO JUAREZ vs. J.C. DOMINGUEZ, STAR INSURANCE COMPANY ADMINISTERED BY MEADOWBROOK INSURANCE GROUP

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration because it was untimely filed. The defendant sought reconsideration based on an alleged mathematical error in the Stipulations with Request for Award, which would reduce the overall settlement value. However, the Board found that the petition was filed outside the statutory deadline. The case is now returned to the administrative law judge to consider the defendant's separate Petition to Set Aside the Award, where evidence on the alleged error can be presented.

Workers' Compensation Appeals BoardPetition for ReconsiderationAwardStipulations with Request for AwardMathematical ErrorPetition to Set Aside AwarduntimelyWCJ Report and Recommendationpermanent disabilitylaborer
References
Case No. ADJ9172410, ADJ9172422
Regular
Apr 22, 2015

DAVID MEANY vs. WALNUT CREEK FORD, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for ULLICO CASUALTY in Liquidation, Administered By PATRIOT RISK SERVICES

The Workers' Compensation Appeals Board granted reconsideration to correct a clerical error in the original award. The Board rescinded an amended award issued without proper jurisdiction and clarified that temporary disability indemnity in ADJ9172422 is payable less sums received from all sources, including EDD. Case ADJ9172410 was taken off calendar as there were no disputed issues. The original award in ADJ9172422, as amended to reflect these clarifications, was affirmed.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardTemporary Disability IndemnityWage-Loss BasisEmployment Development DepartmentAdministrative Law JudgeOff CalendarClerical ErrorJudicial Function
References
Case No. ADJ6631644
Regular
Aug 05, 2015

MEKDESE ABEGE vs. KAISER FOUNDATION HEALTH PLAN, Permissibly Self-Insured, Administered By SEDGWICK KAISER LEXINGTON

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration, amending a prior award. The amendment corrected a mathematical error in calculating permanent disability, increasing it from 8% to 11% for lumbar spine and right knee injuries. Additionally, the award was adjusted to reflect increased attorney's fees and a minor spelling correction. The Board affirmed the original finding that the applicant did not sustain injury to other body parts.

WCABPetition for ReconsiderationFindings and AwardLicensed Vocational NurseLumbar SpineRight KneePermanent DisabilityMaximal Medical ImprovementWhole Person ImpairmentAgreed Medical Examiner
References
Case No. ADJ2969972 (LAO 0870854)
Regular
Apr 29, 2011

LEONARD ORTIZ vs. CITY OF WEST COVINA, HAZELRIGG RISK MANAGEMENT SERVICES

This case involves a dispute over a workers' compensation settlement agreement (Compromise and Release or C&R). The defendant seeks to reinstate an order approving a C&R after the administrative law judge (WCJ) rescinded it due to a mathematical discrepancy on page six, creating an apparent clerical error. The Appeals Board granted reconsideration, rescinded the WCJ's order of rescission, and returned the case to the trial level. This action was based on the procedural due process requirement of a hearing before setting aside an order approving a settlement, regardless of the substantive discrepancy.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalOrder Rescinding Order Approving Compromise and ReleaseCompromise and Release agreementclerical errorpermanent disability advancesattorneys' feestypographical errorEAMS system
References
Case No. ADJ10289629
Regular
Oct 19, 2017

Timothy Kirby vs. Contra Costa Water District

This case involves a clerical error where the defendant's reply brief was incomplete due to a missing second page. The Workers' Compensation Appeals Board (WCAB) initially did not consider the incomplete brief. Upon receiving the complete brief and an explanation of the error, the WCAB, exercising its discretion to correct clerical errors for due process, accepted the defendant's reply. The WCAB affirmed its prior decision, but amended the original opinion to delete the footnote referencing the incomplete brief and include the defendant's reply.

WORKERS' COMPENSATION APPEALS BOARDAMENDED OPINION AND DECISION AFTER RECONSIDERATIONPetition For Leave to File a Replyclerical errordue process rightscorrect clerical errorsconsider evidenceconsider pleadingsWCAB Rule 10848supplemental response
References
Case No. ADJ2253765 (VNO 0561741)
Regular
Mar 17, 2017

MAKE NEHDAR vs. WASHINGTON MUTUAL, INC., SEDGWICK CLAIMS MANAGEMENT SERVICES

This case concerns a clerical error in a prior Workers' Compensation Appeals Board (WCAB) decision. The applicant, Mike Nehdar, sought to correct the description of injured body parts in a May 16, 2013 Opinion and Order. The original WCAB decision had rescinded a previous administrative law judge's finding and substituted its own. The applicant correctly identified a clerical error in the substituted finding regarding the specific body parts injured. The WCAB granted reconsideration to correct this clerical error, affirming its prior decision but amending the finding to accurately reflect the applicant's claimed injuries.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderWorkers' Compensation Administrative Law JudgeCumulative TraumaInjury AOE/COEClerical ErrorPetition to Correct Clerical ErrorLower ExtremitiesNeurological
References
Case No. ADJ206397
Regular
Mar 04, 2016

WANDA HIGHSMITH vs. COUNTY OF SAN DIEGO

This Workers' Compensation Appeals Board order corrects a clerical error in the date of service for a previous decision. The original decision mistakenly stated the service date as March 3, 2016, when it should have been March 4, 2016. The Board is authorized to correct such errors without further proceedings. The corrected date of service is now March 4, 2016.

Workers' Compensation Appeals Boardclerical errordate of serviceOpinion and OrderPetition for Reconsiderationcorrecting errorSupplemental Proceedingsamended date
References
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