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

Case No. ADJ4151507 (SFO 0487197)
Regular
Feb 02, 2020

Tracy Sullivan vs. Café Amsterdam, State Compensation Insurance Fund

The Appeals Board granted reconsideration and amended the previous award, finding the applicant's burn injury did not qualify for the "severe burns" exception to the temporary disability indemnity limit under Labor Code section 4656(c)(3)(D). Consequently, temporary disability indemnity is limited to 104 weeks from the commencement of payments on August 10, 2004. The Board affirmed the WCJ's finding that the applicant's psychiatric injury was compensable, meeting the "sudden and extraordinary" employment condition exception. Clerical errors in the original findings were also corrected.

ADJ4151507SFO 0487197Tracy SullivanCafé AmsterdamState Compensation Insurance FundPetition for ReconsiderationFindings Award and OrderWCJindustrial injurycervical spine
References
Case No. ADJ2754082
Regular
Jun 23, 2010

SPENCER SULLIVAN vs. SULLIVAN HEALTH CARE ENTERPRISES, INC., GRANITE STATE INSURANCE COMPANY, TENET/FOUNTAIN VALLEY REGIONAL HOSPITAL

This case involves an applicant who, while owner and employee of Sullivan Health Care Enterprises, Inc., alleged a cumulative trauma neck injury ending September 30, 2001. The Workers' Compensation Appeals Board affirmed the judge's finding that the statutory presumption of compensability was rebutted by evidence that the applicant did not report a work-related injury and sought treatment through his health insurance. Key to this decision was the medical evidence indicating pre-existing neck conditions and the applicant's own actions of cancelling his workers' compensation policy. The Board found the judge properly considered the applicant's atypical status as both employer and employee in weighing the evidence.

Workers Compensation Appeals BoardCumulative TraumaPresumption of CompensabilityLabor Code Section 5402Rebuttal EvidenceIndustrial InjuryMedical Malpractice SettlementSelf-Insured EmployerUnrepresented ApplicantNunc Pro Tunc
References
Case No. ADJ7884961
Regular
Aug 08, 2012

MICHAEL WETZLER vs. THESSALONIKA FAMILY SERVICES, AMTRUST

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of the prior decision. The WCAB rescinded the judge's decision and returned the case to the trial level for further proceedings. This action is not a final decision on the merits, and parties can seek reconsideration of any subsequent ruling.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeGrant ReconsiderationRescind DecisionFurther ProceedingsDecision After ReconsiderationTrial LevelNeil P. SullivanRonnie G. Caplaine
References
Case No. ADJ6905983
Regular
May 27, 2014

JOHNNY CANNON vs. SHRED IT CORPORATION, AIG INSURANCE

The Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration of a February 28, 2014 Findings and Award. This action was taken to allow further study of the factual and legal issues to ensure a just and reasoned decision. All future communications regarding this case must be filed in writing with the WCAB Commissioners' office in San Francisco, not any district office or e-filed. This order grants reconsideration and provides instructions for subsequent filings.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardStatutory Time ConstraintsFactual IssuesLegal IssuesJust and Reasoned DecisionDecision After ReconsiderationOffice of the CommissionersElectronic Adjudication Management System
References
Case No. ADJ210551 (SAC 0311290) ADJ4100728 (SAC 0303862)
Regular
Jan 24, 2011

LUCKY OWYANG vs. INTERWOVEN, INC., AMERICAN MANUFACTURERS MURUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) has granted reconsideration of a decision filed November 4, 2010, concerning the deceased worker Scott N. Owyang. The defendant, Interwoven, Inc. and its insurer, sought this reconsideration. The WCAB granted reconsideration to allow further study of the factual and legal issues to ensure a just and reasoned decision. All future communications regarding this matter should be directed to the WCAB in San Francisco, not a local office, pending the Decision After Reconsideration.

WORKERS' COMPENSATION APPEALS BOARDRECONSIDERATIONPETITION FOR RECONSIDERATIONDECISION AFTER RECONSIDERATIONSTATUTORY TIME CONSTRAINTSFACTUAL AND LEGAL ISSUESJUST AND REASONED DECISIONOFFICE OF THE COMMISSIONERSDEIDRA E. LOWENEIL P. SULLIVAN
References
Case No. ADJ3318051 (FRE 0247498)
Regular
Dec 03, 2010

CHRIS MILLER vs. CITY OF EXETER, ACCLAMATION INSURANCE MANAGEMENT SERVICES INC.

In this Workers' Compensation Appeals Board case, the applicant, Chris Miller, sought reconsideration of a decision. The Board reviewed the petition and the WCJ's report, ultimately denying reconsideration. The Board gave significant weight to the WCJ's credibility findings, as established in *Garza v. Workers' Comp. Appeals Bd.* Therefore, the petition for reconsideration was denied.

WCABADJ3318051FRE 0247498City of ExeterAcclamation Insurance Management ServicesPetition for ReconsiderationWCJ reportGarza v. Workers' Comp. Appeals Bd.credibility findingdenial of reconsideration
References
Case No. ADJ8616799
Regular
Aug 16, 2013

STEPHANIE LLAMAS vs. SAM'S CLUB, ACE AMERICAN INSURANCE, Administered By YORK INSURANCE SERVICES GROUP, INC.

This case involves a Petition for Reconsideration filed by a party in the matter of Stephanie Llamas vs. Sam's Club. The Workers' Compensation Appeals Board has issued an order dismissing this petition. The dismissal is due to the petitioner's voluntary withdrawal of the petition. Therefore, the Board has formally closed the reconsideration process for the June 14, 2013 decision.

Petition for ReconsiderationDismissalWithdrawnStephanie LlamasSam's ClubAce American InsuranceYork Insurance Services GroupWorkers' Compensation Appeals BoardADJ8616799Oxnard District Office
References
Case No. ADJ1623600 (MON 0354197) ADJ974474 (MON 0332412)
Regular
Dec 10, 2010

ODILA VALLADARES vs. J.A.M. INDUSTRIES, AMERICAN HOME ASSURANCE/ AIG

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration of a September 14, 2010 decision. This action was taken due to statutory time constraints and a need for further study of the factual and legal issues. The Board aims to achieve a complete understanding of the record to issue a just and reasoned decision. All future communications should be directed to the Appeals Board Commissioners in San Francisco, not a local office, pending a Decision After Reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesDecision After ReconsiderationOffice of the CommissionersDeputy CommissionerAlfonso J. MoresiNeil P. Sullivan
References
Case No. GOL 96757
Regular
Jun 10, 2008

SA YANG LO vs. CUSTOM SENSORS & TECHNOLOGIES, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration of a prior award, upholding the application of the 2005 Permanent Disability Rating Schedule. The Board found that exceptions allowing for the 1997 Schedule did not apply, as the applicant's temporary disability indemnity extended beyond January 1, 2005, and no qualifying pre-2005 reports indicated permanent disability. Furthermore, the Board found the applicant's vocational expert's opinion regarding diminished future earning capacity unpersuasive, thus affirming the initial 9% permanent disability rating.

Workers' Compensation Appeals BoardSA Yang LoCustom Sensors & TechnologiesInc.State Compensation Insurance FundGOL 96757Opinion and Order Denying ReconsiderationFindings and AwardWorkers' Compensation Administrative Law JudgeWCJ
References
Case No. ADJ3512839 (VNO 0509649)
Regular
Jul 27, 2010

KEIUNTA DIXON vs. APPLE ONE, ACE USA, Administered By ESIS, INC., AIG SUN AMERICA/NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, Administered By CHARTIS CLAIMS, INC.

In *Dixon v. Apple One*, the defendant sought reconsideration of a prior decision. The Workers' Compensation Appeals Board granted the petition for reconsideration due to statutory time constraints and the need for further review. This action allows for a more thorough examination of the factual and legal issues to ensure a just decision. The Board will subsequently issue a Decision After Reconsideration.

Petition for ReconsiderationWorkers' Compensation Appeals BoardGranting ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionDecision After ReconsiderationOffice of the CommissionersFrank M. BrassAlfonso U. Moresi
References
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