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

Case No. LAO 0840517
Regular
Aug 20, 2007

UZMA XINA KANG vs. ENTERTAINMENT PARTNERS, CNA CLAIMPLUS

The Workers' Compensation Appeals Board granted reconsideration and amended the original award. The Board found the applicant to be a "minimum earner" for both temporary and permanent disability indemnity purposes. Consequently, the temporary disability indemnity rate was reduced to \$126 per week and the total permanent disability indemnity was adjusted to \$11,576.25, reflecting a lower average weekly earnings calculation than initially awarded.

Uzma Xina KangEntertainment PartnersCNA ClaimplusPetition for ReconsiderationFindings and AwardWorkers' Compensation Appeals BoardIndustrial InjuryRight AnkleLow BackLungs
References
Case No. ADJ8072993
Regular
Nov 26, 2012

VIRGINIA PALACIOS vs. MAXIMUM REALTY, AMERICAN CLAIMS

The Workers' Compensation Appeals Board denied reconsideration of the applicant's earning capacity determination. The Administrative Law Judge (WCJ) found the applicant's earning capacity based on actual wages, including rent-free housing as compensation, not solely on an hourly minimum wage calculation. The WCJ emphasized that earning capacity considers various factors like age, skill, and employment opportunities, not just hours worked at minimum wage. The Board noted that minimum wage issues should be addressed in a different forum and that such adjudication could potentially lead to reopening this case within statutory timeframes.

Workers' Compensation Appeals BoardPetition for ReconsiderationDeniedEarning CapacityMinimum WageApartment ManagerActual EarningsLegal Minimum WageStatutory Time FramesAdjudication
References
Case No. ADJ6830678
Regular
Mar 18, 2014

JAMI MALLIN vs. CALIFORNIA DEPARTMENT OF CORRECTION, STATE COMPENSATION INSURANCE FUND

This Workers' Compensation Appeals Board case involves an inmate firefighter who sustained injuries to her hip and back. The defendant sought reconsideration of an award finding 63% permanent disability, arguing the weekly payment rate was improperly set above the statutory minimum for inmate workers. The Board granted reconsideration, affirming the 63% disability finding but amending the award to reflect the statutory minimum weekly payment rate of $130.00. This adjustment correctly applies Labor Code section 3370(c)(5) to inmate firefighter compensation.

WORKERS' COMPENSATION APPEALS BOARDPETITION FOR RECONSIDERATIONFINDINGS AND AWARDSLEEP DISORDERSLEEP IMPAIRMENTINMATE FIREFIGHTERCALIFORNIA LABOR CODE SECTION 3370(c)(5)MINIMUM AMOUNTPERMANENT DISABILITYWEEKLY PERMANENT DISABILITY BENEFITS
References
Case No. ADJ9625407
Regular
Sep 12, 2018

KEITH FIELD vs. CITY OF PINOLE

This case involves a firefighter who sustained bilateral carpal tunnel syndrome after retirement. The Appeals Board reversed the trial judge, holding that Labor Code section 4458.5 applies, entitling the applicant to permanent disability benefits calculated at the maximum indemnity rate. This applies regardless of the applicant's actual earnings or the fact that carpal tunnel syndrome is not a specifically enumerated presumptive injury. The case is remanded for determination of the precise date of injury to calculate the benefit rate.

Workers' Compensation Appeals BoardKeith FieldCity of PinolePermissibly Self-InsuredMunicipal Pooling AuthorityADJ9625407Opinion and Decision After Reconsiderationindustrial injuryfirefighterbilateral upper extremities
References
Case No. ADJ7091758
Regular
Dec 15, 2011

AARON DAVIS vs. VALLEY AGGREAGE TRANSPORT, INC., TRAVELERS CASUALTY & SURETY COMPANY

The Workers' Compensation Appeals Board granted reconsideration to amend a previous decision. Specifically, Finding of Fact No. 4 was amended to reflect the applicant's average weekly wage of $79.55 during the off-season. This amendment establishes a minimum temporary disability indemnity rate of $143.70. The rest of the September 27, 2011 decision was affirmed.

WORKERS' COMPENSATION APPEALS BOARDReconsiderationWCJAMENDEDtemporary disability indemnityaverage weekly wageminimum rate
References
Case No. ADJ8968241
Regular
Nov 17, 2015

MARIA SANDOVAL vs. A. M. HARVESTING, INC., STAR INSURANCE COMPANY

The Board granted reconsideration and amended the decision, finding the applicant's average weekly earnings sufficient only for the minimum indemnity rate of $160 per week, as she failed to prove higher earnings. The period of temporary disability was amended to commence on June 7, 2013, as there was no evidence of prior disability. The Board affirmed the 27% permanent disability and the need for future medical treatment.

WCABPetition for ReconsiderationAmended FindingsTemporary DisabilityPermanent DisabilityAverage Weekly EarningsSeasonal WorkOff-season EarningsQualified Medical EvaluatorPrimary Treating Physician
References
Case No. ADJ2440985 (EUR 0037746)
Regular
Mar 03, 2014

FRANK MCCOVEY vs. WAYNE BARE TRUCKING, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to amend the applicant's temporary disability rate. The applicant, a truck driver, sustained bilateral knee injuries in August 2003. The Board corrected the applicant's average weekly earnings during the logging season to $947.08, resulting in a temporary disability rate of $631.39 per week. Additionally, the off-season temporary disability rate was adjusted to the statutory minimum of $126.00 per week based on the applicant's limited off-season earnings. The established dates for the logging season, March 15 to December 15, were affirmed.

Wayne Bare TruckingState Compensation Insurance FundFrank McCoveyADJ2440985EUR 0037746Petition for ReconsiderationFindings and Awardbilateral kneestemporary disabilityaverage weekly earnings
References
Case No. ADJ13475083
Regular
Feb 28, 2025

Miguel Garcia Perez vs. Opportunity Staffing, Inc.

Applicant Miguel Garcia Perez and defendant Opportunity Staffing, Inc. both sought reconsideration of a "Second Amended Findings and Award" from November 26, 2024. The Appeals Board granted the applicant's petition for reconsideration and denied the defendant's, also affirming the "Second Amended Findings and Award" with specific amendments. Key issues included applicant's earnings, temporary disability period, supplemental job displacement benefits, attorney's fees, and apportionment. The Board found the WCJ erred in not honoring the parties' stipulation of applicant being a maximum earner, deferred the issues of temporary disability length and attorney's fees for further development, and determined the defendant failed to meet the burden of proof for apportionment under Labor Code sections 4664 and 4663.

StipulationMaximum EarnerApportionmentTemporary DisabilityPermanent DisabilityAttorney's FeesPetition for ReconsiderationLabor CodeMedical EvidenceCausation
References
Case No. ADJ3823114 (MON 0252208)
Regular
Dec 03, 2015

ILANA BENLULU vs. BEVERLY SINAI TOWERS, SEDGWICK CLAIMS MANAGEMENT SERVICES, servicing facility for CIGA for RELIANCE INSURANCE COMPANY, in liquidation

This case concerns the proper transfer of an injured worker into a defendant's Medical Provider Network (MPN). The applicant contended she pre-designated her physician, avoiding MPN requirements, but provided no supporting evidence. The Board found that the defendant's prior attempts to transfer the applicant into the MPN were invalid due to insufficient notice or the MPN's failure to meet minimum access standards. Ultimately, the Board determined that a July 15, 2014 notice, properly served and containing all required information, effectively transferred the applicant into the MPN on August 14, 2014.

MPNMedical Provider NetworkReconsiderationFindings of FactWorkers' Compensation Appeals BoardLabor CodePre-designation of PhysicianContinuity of CareTransfer of CareMinimum Access Standards
References
Case No. ADJ3269661 (OXN 0142587) ADJ4389164 (OXN 0147019) ADJ4133913 (OXN 0147111)
Regular
Nov 07, 2013

ANNE HOVANESSIAN vs. BIG LOTS STORES, INC., SENTRY INSURANCE

This case involves a dispute over payment for Armenian interpreter services provided by Santana Lopez to an injured worker. The Appeals Board rescinded the trial judge's decision and returned the case for further proceedings. The Board found the lien claimant met its burden of proof for payment but requires further development of the record regarding two-hour minimum billing for interpreter services. Additionally, more evidence is needed to determine entitlement to payment increases and interest under Labor Code sections 4622 and 4603.2(b), specifically concerning bill submission and receipt dates.

WORKERS' COMPENSATION APPEALS BOARDReconsiderationFindings and OrderMarket RateSantana LopezBig Lots StoresSentry InsuranceLien ClaimantLabor CodePayment Increase
References
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