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

Case No. ADJ1299590
Regular
Jun 07, 2016

ANTHONY MANUEL GONZALEZ vs. MCMURRAY PAINTING, STATE COMPENSATION INSURANCE FUND

This case involves a defendant's petition for reconsideration of a finding of 100% permanent disability for the applicant, a painter. The defendant argued the administrative law judge erred, claiming their vocational expert's opinion was more substantial. The Appeals Board granted reconsideration on its own motion, not due to the defendant's arguments, but solely to correct a clerical error in the original findings. After correcting the clerical error, the Board affirmed all other aspects of the original decision.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationFindings and Awardpermanent disabilityvocational expertclerical errorReport and RecommendationAnswerOpinion and OrderMcMurray Painting
References
Case No. ADJ1143803 (OXN 0128653) ADJ2709854 (OXN 0142376)
Regular
Nov 01, 2011

SALVADOR PAZ vs. MARTINEZ PAINTING & WALL COVERING, MB PAINTING, CIGA, for CREDIT GENERAL INSURANCE COMPANY, INTERCARE, CIGA for UNITED PACIFIC INSURANCE COMPANY, INTERCARE, STATE FARM INSURANCE COMPANY, ACE USA

This case involves a painter, Salvador Paz, who sustained cumulative and specific injuries to his back, shoulder, wrist, neck, and foot. The Workers' Compensation Appeals Board denied petitions for reconsideration from State Farm, CIGA, and the applicant. The Board upheld the original findings, which apportioned permanent disability at 72% to the specific injury (CIGA via Credit General) and 28% to the cumulative trauma (ACE USA and State Farm). Liability for temporary disability was also divided, and State Farm's arguments regarding an unequal division and due process were rejected.

CIGAState Farmcumulative injuryspecific injuryapportionmenttemporary disabilitypermanent disabilityvocational expertPetition for ReconsiderationCredit General Insurance
References
Case No. ADJ1160178 (SAC 0339624)
Regular
Feb 07, 2014

GARY RAUSSER vs. CONSOLIDATED PERSONNEL CORPORATION, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, For LEGION INSURANCE, In Liquidation, BENJAMIN MOORE PAINTS, LUMBERMENS MUTUAL GROUP

This workers' compensation case involves CIGA's petition for reconsideration regarding an applicant's injury while employed by Consolidated Personnel Corp. CIGA sought reimbursement from Benjamin Moore Paints and its insurer, Lumbermens, claiming the applicant was a special employee. However, CIGA subsequently withdrew its reimbursement petition and reconsideration request due to a change in circumstances and a global settlement. The Appeals Board vacated its grant of reconsideration, dismissed CIGA's petition, and returned the matter for the trial judge to consider the parties' stipulation for dismissal.

California Insurance Guarantee AssociationCIGAspecial employeeBenjamin Moore PaintsConsolidated Personnel Corp.Legion Insuranceliquidationreimbursementstipulated awardpermanent disability
References
Case No. OAK 0330047
Regular
Oct 05, 2007

Ricardo Buendia vs. Sixtos Painting, State Compensation Insurance Fund

The Workers' Compensation Appeals Board granted reconsideration of an Order Approving Compromise and Release for an industrial injury. The Board rescinded the approval and returned the case to the trial level because the applicant, Ricardo Buendia, claimed he did not understand he was settling his case. This allows Buendia to pursue setting aside the settlement agreement for good cause.

Workers' Compensation Appeals BoardReconsiderationCompromise and ReleaseSet AsideIndustrial InjuryPetition for ReconsiderationWCJGood CauseTrial LevelRescind
References
Case No. ADJ7620723
Regular
Aug 09, 2013

SERGIO CONTRERAS vs. WEST COAST PAINTING, AMERICAN CASUALTY COMPANY

This case concerns a lien claimant's petition for reconsideration of an order dismissing its lien for failure to pay a fee. The lien claimant argued it was exempt as its lien was previously resolved by stipulation and order. The defendant asserted the lien claimant was not aggrieved as the lien had been paid. Ultimately, the Appeals Board dismissed the petition for reconsideration because the lien claimant was not aggrieved, as its lien had been settled and paid.

Lien claimantPetition for reconsiderationDismissalLien activation feeStipulation and OrderAggrievedVerified answerDue processStatutory time periodAppeals Board
References
Case No. ADJ209637
Regular
Nov 26, 2008

BETH WORDEN vs. HARRIET ANDERSON PAINTING, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration, rescinded the previous award, and returned the case for further proceedings. The Board found that while yard work might be considered reasonable medical treatment for the applicant's 100% permanent disability, the original decision lacked a properly admitted and summarized evidentiary record. The WCJ must now ensure all relied-upon evidence is admitted and explained with specificity in any future decision.

Workers' Compensation Appeals BoardBeth WordenHarriet Anderson PaintingState Compensation Insurance FundPetition for ReconsiderationFindings and AwardStipulated AwardPermanent DisabilityMedical CareYard Work
References
Case No. ADJ3559950 (GOL 0098088)
Regular
Feb 26, 2009

BALTAZAR PEREZ vs. BLAKE FUENTES PAINTING, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior finding, determining that Dr. Duell's lien claim for medical treatment was not allowable. The Board found that the employer timely denied authorization for the treatment through utilization review, and the treatment was inconsistent with the ACOEM Guidelines. Furthermore, the applicant failed to properly dispute the utilization review denial as required by law. Consequently, Dr. Duell is awarded nothing on his lien claim.

Workers' Compensation Appeals BoardLien ClaimantBlake Fuentes PaintingState Compensation Insurance FundMark L. Duell D.C.Industrial InjuryRight Arm Shoulder ElbowElectronic StimulationSoft Tissue MobilizationIntersegmental Traction
References
Case No. ADJ7363461
Regular
Nov 15, 2019

SALVADOR DE LA ROSA vs. DUNN EDWARDS PAINTS, MATRIX, OLD REPUBLIC, GALLAGHER BASSETT

The Workers' Compensation Appeals Board denied the applicant's petition to disqualify Administrative Law Judge (WCJ) Bather. The applicant failed to meet the procedural requirements of WCAB Rule 10453 for automatic reassignment, as no timely oral objection was made when the judge was assigned. Furthermore, the petition lacked the necessary detailed, verified factual allegations required by WCAB Rule 10452 and case law to establish grounds for disqualification based on bias. Therefore, the Board adopted the WCJ's report and denied the petition.

Petition for DisqualificationWCAB Rule 10453WCJ reassignmentMandatory Settlement ConferenceDeclaration under penalty of perjuryLabor Code section 5311Code of Civil Procedure section 641attorney biasimpartialityadministrative law judge
References
Case No. ADJ8508466
Regular
Nov 05, 2013

ROBERTO RAMIREZ (Deceased); MARIA GUADALUPE DIAZ de RAMIREZ, Guardian ad Litem for MARIA LINA RAMIREZ DIAZ, vs. VISTA PAINT CORPORATION, Permissibly Self-Insured,

This Workers' Compensation Appeals Board decision grants reconsideration and returns the case to the trial level for further proceedings. While the WCJ correctly found the daughter was partially dependent, the Board noted an incomplete record regarding the wife's dependency status and potential eligibility under Labor Code section 3501(b). The Board also found the issue of attorney fees was not decided. Consequently, the matter is remanded for determination of the wife's dependency, the correct death benefit amount, and attorney fees, or for clarification on why these issues were not previously addressed.

Workers' Compensation Appeals BoardRoberto RamirezMaria Guadalupe Diaz de RamirezMaria Lina Ramirez DiazVista Paint CorporationLabor Code section 3501(a)Labor Code section 3501(b)conclusive presumptiondependencypartial dependent
References
Case No. ADJ1973175 (GRO 0030416)
Regular
Jun 22, 2011

MYRLE BOWLBY vs. NEW COATING PAINTING COMPANY, STATE COMPENSATION INSURANCE FUND

This case involves a petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision regarding attorney fee allocation. Initially, the WCAB awarded $\$300.00$ in attorney fees to a lien claimant. Subsequently, applicant's attorneys reached an agreement on the division of a higher attorney fee award of $\$7,983.90$. The WCAB granted the petition for reconsideration to amend the original award and incorporate this agreed-upon allocation among the various attorneys involved.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardLien ClaimantAttorney FeesAllocationAdministrative Law JudgeWCJDecision After ReconsiderationApplicant's Attorneys
References
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