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

Case No. ADJ4216095 (BAK 0149327)
Regular
Oct 25, 2010

ALICIA NUNEZ ARREOLA vs. SUNTREAT PACKING, STATE COMPENSATION INSURANCE FUND

This case concerns a seasonal worker who sustained an industrial injury to her right shoulder and cervical spine. The defendant sought reconsideration of the permanent disability rate awarded by the WCJ, arguing it was miscalculated for a seasonal employee. The Appeals Board granted reconsideration, finding the WCJ erred in calculating the rate by focusing solely on in-season earnings. The Board amended the award, establishing the permanent disability rate based on the applicant's actual annual earnings, which resulted in a lower rate than initially awarded.

WCABPetition for ReconsiderationFindings and AwardSeasonal workerTemporary disabilityPermanent disabilityStipulationLabor Code section 4453(c)(4)Earning capacityMontana
References
Case No. ADJ7410586
Regular
May 18, 2012

Randall Salcido vs. California Department of Corrections and Rehabilitation, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, affirming the WCJ's finding that the applicant's temporary disability benefits should be based on his earnings as a teacher on the date of injury. The defendant argued that benefits should be based on the applicant's lower subsequent earnings as a warehouse supervisor, as the transfer was anticipated. However, the Board held that the applicant's actual earnings as a teacher reflected his earning capacity and that the lower warehouse supervisor wage was an aberrant basis for calculation. The Board also noted that using the lower wage would incentivize employers to downsize to reduce liability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of FactDisability BenefitsVocational TeacherEarnings CalculationTemporary DisabilityAverage Weekly EarningsEarning CapacityLabor Code Section 4453
References
Case No. ADJ9064752
Regular
May 12, 2016

SANTOS MARTINEZ vs. TROON GOLF, INC., dba MARIN COUNTRY CLUB, UNITED STATES FIRE INSURANCE COMPANY

This case concerns a dispute over temporary disability indemnity rate calculations following an admitted industrial back, lower extremity, and wrist injury. The employer challenged the administrative law judge's (WCJ) finding of an average weekly earning capacity of \$648.00, arguing insufficient evidence of increased earning potential. The Workers' Compensation Appeals Board affirmed the WCJ's decision, holding that earning capacity is a dynamic assessment considering overall capability, not just actual earnings at the time of injury. The Board cited the applicant's acceptance of a full-time position at a higher wage rate as strong evidence supporting the determined earning capacity.

Earning capacityLabor Code section 4453(c)(4)Average weekly earning capacityTemporary disability indemnityPetition for ReconsiderationFindings and AwardGoytiaMontanaKyllonenGrossmont Hospital
References
Case No. ADJ377932 (SRO 140247)
Regular
Sep 07, 2010

BARBARA PENNY vs. COMMUNITY ACTON PARTNERSHIP OF SONOMA COUNTY, STATE COMPENSATION INSURANCE FUND

In this case, the Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior award concerning applicant Barbara Penny's industrial injury. The WCAB rescinded the award and returned the matter for further proceedings. This decision was primarily based on the need to properly develop the record regarding the applicant's diminished future earning capacity (DFEC), specifically concerning the methodology for calculating lost earnings. The WCAB also noted that the applicant's claim for further medical treatment for body parts beyond the low back could be raised again at the trial level.

Workers Compensation Appeals BoardBarbara PennyCommunity Action Partnership of Sonoma CountyState Compensation Insurance FundADJ377932Opinion and Order Granting Petitions for ReconsiderationDecision After ReconsiderationFindings and AwardIndustrial InjuryCase Manager
References
Case No. ADJ3562853 (VNO 0546829) ADJ3653443 (VNO 0546830)
Regular
Sep 07, 2010

JEREMY PEREZ vs. WILSONA SCHOOL DISTRICT, SELF-INSURED SCHOOLS OF CALIFORNIA

The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration because it was an interlocutory order, not a final decision on substantive rights or liabilities. The Board also denied the defendant's petition for removal, finding no substantial prejudice or irreparable harm. The original order required further record development to determine an alternate adjustment factor for diminished future earning capacity, as established by *Ogilvie* cases, and deferred the issue of apportionment. The Board reiterated that the party challenging the scheduled permanent disability rating bears the burden of proof.

DFECOgilvie IIBensonApportionmentReconsiderationRemovalInterlocutory OrderSubstantive RightIrreparable InjuryRAND data
References
Case No. ADJ1205641 (MON 0324473)
Regular
Jan 02, 2014

TERESA EDGE vs. RALPH'S GROCERY STORE

This case concerns Teresa Edge's petition for reconsideration of a prior Board decision which reduced her permanent disability award from 100% to 45%. The Board denied reconsideration, upholding its previous decision that the applicant did not sufficiently rebut the Diminished Future Earning Capacity (DFEC) adjustment under the 2005 Permanent Disability Rating Schedule, as interpreted by *Ogilvie III*. Additionally, the Board affirmed its recalculation of the applicant's average weekly earnings based on the unrebutted wage statement. The Board found no error in its prior decision or good cause to further develop the record.

Diminished Future Earning CapacityDFEC2005 PDRSOgilvie IIIAgreed Medical ExaminerAMEvocational rehabilitationvocational expertMontana factorspermanent disability rating
References
Case No. OAK 0255947
Regular
Jun 02, 2008

VALENTINO MUMFORD vs. HUGHES ENTERPRISES, INC., REPUBLIC INDEMNITY COMPANY

The Appeals Board granted reconsideration to address disputes over the applicant's average weekly earnings and the Board's jurisdiction to re-evaluate prior stipulations on earnings. The WCAB has deferred the issue of average weekly earnings and permanent disability indemnity rate, remanding the case to the trial level to determine if good cause exists to set aside prior stipulations on these matters. The Board clarified that earnings capacity for temporary and permanent disability awards may differ, and if stipulations are set aside, new findings must be supported by substantial evidence.

Labor Code section 5803ReopenAverage weekly earningsPermanent disabilityTemporary disabilityStipulation with Request for AwardPetition to ReopenNew and Further DisabilityGood CauseNicky Blair's Restaurant v. Workers' Comp. Appeals Bd. (Macias)
References
Case No. ADJ2110739 (MON 0313927)
Regular
Oct 01, 2010

Rosalind Eskridge (Vallery) vs. TARGET STORES, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

This case returns to the trial level for a comprehensive re-analysis of applicant's permanent disability rating, specifically focusing on the Diminished Future Earning Capacity (DFEC) adjustment factor. The Board rescinded the prior award because the judge's decision did not fully adhere to the *Ogilvie* en banc decisions, which mandate a specific four-step analysis for rebutting the DFEC. The judge must now conduct a complete *Ogilvie* analysis, potentially developing the record further, to determine if the applicant's demonstrated earning loss and other relevant factors, including *Montana* factors, justify an individualized DFEC adjustment over the scheduled rating. The applicant bears the burden of proving that her evidence substantially overcomes the prima facie validity of the scheduled DFEC.

Workers' Compensation Appeals BoardDiminished Future Earning CapacityDFECPermanent Disability Rating Schedule2005 PDRSOgilvie analysisAgreed Medical ExaminerDisability Evaluation UnitDEUAgreed Medical Examiner
References
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