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Case Law Database

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

Case No. ADJ1180912 (ANA 0395704)
Regular
Oct 08, 2012

ERLINDA NORMAN vs. LOS ANGELES COUNTY HEALTH DEPARTMENT

This case concerns a worker's compensation appeal where the applicant challenged the employer's credit for temporary disability payments made after her permanent and stationary date. The Appeals Board granted reconsideration, finding the employer was only entitled to a credit for temporary disability indemnity paid after the Agreed Medical Evaluator's report dated January 6, 2009. This decision recognized the applicant received benefits in good faith prior to notice of her permanent and stationary status and cautioned employers to ensure timely issuance of medical reports.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardPermanent DisabilityTemporary DisabilityCreditAgreed Medical EvaluatorTreating PhysicianLabor CodeEquitable Principles
References
6
Case No. SAL 097348
Regular
Jun 16, 2008

SHERRI BUSA vs. WILLIAM G. ANDERSON, D.D.S., ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and rescinded a previous award because the judge improperly relied on a medical expert's report that exceeded the scope of his retention. The expert was retained solely to assess the need for surgery, not to determine permanent disability or a permanent and stationary date. The case is remanded for further development of the record regarding permanent disability and the permanent and stationary date.

Workers' Compensation Appeals BoardReconsiderationPermanent DisabilityPermanent and Stationary DateAgreed Medical EvaluatorQualified Medical EvaluatorSurgical ConsultMedical-Legal ProcedureFurther Medical TreatmentIndustrial Injury
References
4
Case No. VNO 0506664 VNO 0506924
Regular
Nov 06, 2007

MICHAEL SOUTH vs. CITY OF GROVER BEACH, CITY OF ATASCADERO

The Workers' Compensation Appeals Board denied reconsideration of an applicant's petition regarding two industrial injuries: irritable bowel syndrome and bilateral upper extremity injuries. While the Board noted the petition was timely filed, it adopted the WCJ's report which found no permanent disability for the irritable bowel syndrome based on the treating doctor's opinion. The Board also upheld the use of the 2005 Permanent Disability Rating Schedule for the upper extremity injury, as the applicant's medical reports predating January 1, 2005, did not establish permanent and stationary status or permanent disability.

Workers' Compensation Appeals BoardReconsideration DeniedIrritable Bowel SyndromeBilateral Medial EpicondylitisBilateral Cubital Tunnel SyndromePolice OfficerPermissibly Self-InsuredJoint PetitionTimely FiledPermanent Disability Rating Schedule
References
0
Case No. SAC 308714, SAC 341852
Regular
Oct 01, 2007

WAYNE LEWIS vs. BEUTLER HEATING AND AIR, ARCH INSURANCE, ST. JOHN'S RETIREMENT VILLAGE, STATE COMPENSATION INSURANCE FUND

This case concerns the applicability of either the 1997 or 2005 Schedule for Rating Permanent Disabilities. The applicant argued a December 2004 treating physician's report indicated permanent disability, thus requiring application of the older 1997 Schedule. The Board denied reconsideration, holding that the physician's report did not state the applicant was permanent and stationary, a necessary condition under Labor Code section 4660(d) and *Vera v. Workers' Comp. Appeals Bd.* for the 1997 Schedule to apply. Therefore, the 2005 Schedule was correctly applied.

Permanent disability schedule1997 schedule2005 schedulepermanent and stationaryP\&SLabor Code section 4660(d)treating physician's reportratable disabilityVera v. Workers' Comp. Appeals Bd.August 18
References
1
Case No. OXN 137607
Regular
Feb 06, 2008

MARIA MUNOZ vs. PRO HIRE and STATE COMPENSATION INSURANCE FUND

This case concerns whether the 1997 or 2005 Permanent Disability Schedule applies to an applicant's industrial injuries. The defendant argued the 2005 Schedule should apply, claiming a prior medical report did not establish permanent disability. However, the Board denied reconsideration, finding that the defendant's notice of termination of temporary disability, triggered by a prior medical report deeming the applicant permanent and stationary, satisfied an exception requiring the use of the 1997 Schedule. Additionally, the Board found the workers' compensation judge's interpretation of medical restrictions was accurate.

Labor Code section 4660(d)1997 Schedule2005 Schedulepermanent disabilitymedical-legal reportnotice pursuant to section 4061permanent and stationarygrip lossWaddell signspain behavior
References
10
Case No. LAO 0842819
Regular
Sep 04, 2007

JUAN M. VILLALOBOS vs. ANCRA INTERNATIONAL, GALLAGHER BASSETT SERVICES, INC.

This case concerns the application of the correct permanent disability rating schedule for an industrial injury occurring before January 1, 2005. The applicant sought to apply the prior rating schedule, arguing specific medical reports indicated permanent disability. However, the Workers' Compensation Appeals Board denied reconsideration, affirming the use of the revised rating schedule. The Board found no qualifying pre-January 1, 2005 medical report indicating the applicant was permanent and stationary, nor was the employer required to issue notice under Labor Code § 4061 until after that date.

WCABReconsiderationSupplemental Findings and AwardIndustrial InjuryLower BackPermanent DisabilityRevised Rating SchedulePrior Rating ScheduleLabor Code Section 4061Labor Code Section 4660(d)
References
4
Case No. ADJ9123534
Regular
Jul 18, 2015

PHILLIP WARD vs. CITY OF FORT BRAGG, REDWOOD EMPIRE MUNICIPAL INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and amended an award, finding the defendant liable for a 15% increase in permanent disability benefits. This increase is due to the defendant's failure to offer the applicant qualified work within 60 days of his permanent and stationary status, as required by Labor Code section 4658(d)(2). While the applicant had retired, the Board found this did not excuse the employer from making a compliant work offer. The amended order clarifies the increase applies only to payments made 60 days after the Qualified Medical Evaluator's permanent and stationary report.

Labor Code section 4658(d)(2)permanent disability increaseoffer of workmodified workalternative workregular workpermanent and stationary60-day periodretirementCalPERS
References
4
Case No. ADJ1804234
Regular
May 26, 2009

Patrick MacAULEY vs. COUNTY OF VENTURA, CORVEL OXNARD

The Workers' Compensation Appeals Board granted reconsideration and rescinded a previous award finding the applicant sustained 66% permanent disability. The defendant employer argued the original award relied on an incorrect permanent and stationary date provided by the Agreed Medical Examiner (AME), who later admitted his initial report was in error. The Board agreed that the medical record needed further development due to the AME's admitted error and the resulting inaccurate permanent and stationary date. The case is returned to the trial level for further proceedings, including the defendant's opportunity to challenge the impairment rating under AMA Guidelines and diminished future earning capacity.

Workers' Compensation Appeals BoardPatrick MacAuleyCounty of VenturaCorvel Oxnardcumulative trauma injuryheart and circulatory systemdeputy sheriffpermanent disabilityAgreed Medical Examiner (AME)Dr. Ira Monosson
References
3
Case No. ADJ3134805 (BAK 0148440)
Regular
Feb 11, 2011

VELGRACE SMITH vs. KERN COUNTY SUPERIOR COURT

This case concerns a defendant seeking reconsideration of a decision that awarded a 15% increase in permanent disability indemnity payments. The administrative law judge (WCJ) found the employer failed to offer modified work within 60 days of the applicant's condition becoming permanent and stationary, as required by Labor Code section 4658(d)(2). The Appeals Board granted reconsideration, finding the WCJ's literal interpretation of the statute would lead to absurd consequences given the retroactive nature of medical findings and delayed service of reports. The Board held the 60-day period begins when the employer has knowledge of both the permanent and stationary status and work restrictions, and remanded the case to determine if the employer's modified work offer remained consistent with updated restrictions.

Workers' Compensation Appeals BoardReconsiderationPermanent DisabilityModified WorkLabor Code Section 4658(d)AggravationCumulative InjuryAgreed Medical EvaluatorPermanent and Stationary DateWork Restrictions
References
3
Case No. MISSING
Regular Panel Decision
May 01, 2001

In re the Claim of Barager-Dieter v. Kelly Temporary Services

In this appeal from a decision of the Workers’ Compensation Board, the court affirmed a ruling that the claimant had sustained a permanent partial disability of moderate severity. The claimant reported arm injuries in 1992 due to production work. The Board's determination, which was based on the testimony and report of orthopedic surgeon Matthew Landfried, found sufficient evidence despite conflicting medical opinions. Landfried diagnosed accumulative trauma syndrome, performed multiple surgeries, and placed the claimant under permanent lifting and repetitive activity restrictions. The court upheld the Board's resolution of conflicting medical proof in the claimant's favor, concluding that substantial evidence supported the award.

permanent partial disabilityaccumulative trauma syndromecarpal tunnel surgeryulnar nerve transpositionmedical evidence conflictworkers' compensation appealappellate affirmancelifting restrictionsrepetitive strain injuryorthopedic diagnosis
References
3
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