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

Case No. ADJ3870460 (ANA 410080)
Regular
Nov 15, 2010

LEONARD ROBINSON vs. NEW YORK KNICKERBOCKERS, MURPHY & BEANE

The Board granted reconsideration to address the proper workers' compensation permanent disability rating schedule. The defendant argued the WCJ erred in applying the 1997 Schedule, contending the 2005 Schedule or, alternatively, the 1978 Schedule should apply. The WCJ's reliance on Labor Code § 4061 exceptions was found to be flawed, as the statute was not in effect during the applicant's period of temporary disability. The case was returned to the trial level for a determination on the correct schedule, considering the effective dates of relevant statutes and the existence of any pre-2005 medical reports indicating permanent disability.

Workers' Compensation Appeals BoardLeonard RobinsonNew York KnickerbockersPermissibly Self-InsuredMurphy & BeaneReconsiderationAmended Findings and AwardWCJCumulative InjuryIndustrial Injury
References
Case No. ADJ2115086 (SAC 0340405)
Regular
Feb 19, 2013

Barbara Sharon vs. The Kroger Company, dba Food 4 Less/Foods Co

This case concerns an applicant seeking to reopen a prior workers' compensation award for new and further disability due to bilateral knee injuries. The Board granted reconsideration, finding good cause to reopen based on new medical evidence. However, it rescinded the prior finding that the 1997 Permanent Disability Rating Schedule applied. Instead, the Board determined that the 2005 Schedule applies, as there was no qualifying pre-2005 treating physician or medical-legal report indicating permanent disability. The December 4, 2012 decision is otherwise affirmed.

ReconsiderationNew and Further DisabilityPermanent Disability Rating SchedulePDRS1997 Schedule2005 ScheduleLabor Code Section 4660(d)Agreed Medical Examiner (AME)Treating Physician ReportMedical-Legal Report
References
Case No. ADJ3870460 (ANA 0410080)
Regular
Apr 11, 2011

LEONARD ROBINSON vs. NEW YORK KNICKERBOCKERS, MURPHY & BEANE

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award because the Administrative Law Judge (WCJ) failed to follow previous instructions. The core issue is determining which permanent disability rating schedule applies to an injury sustained between 1982 and 1985. The WCJ incorrectly applied the 2005 Schedule and failed to allow parties a hearing on the applicability of the 1978 Schedule, which the applicant argues is appropriate. The Board remanded the case for further proceedings, including development of the record and a hearing, to address the proper schedule and explain the reasoning for any resulting disability rating.

Workers' Compensation Appeals BoardLeonard RobinsonNew York KnickerbockersReconsiderationFindings and AwardPermanent Disability Rating ScheduleLabor Code Section 4660(d)Labor Code Section 4061Labor Code Section 4067.51978 Schedule
References
Case No. FRE 0222374
Regular
Sep 20, 2007

JAMES ZERNIAL vs. PEPSI BOTTLING COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board granted reconsideration to address a dispute over which permanent disability rating schedule applied to the applicant's 2003 injury. The defendant argued the WCJ erred by using the old 1997 Schedule instead of the new 2005 Schedule. The Board rescinded the prior award and returned the case for a new decision after the WCJ reevaluates the schedule's applicability in light of a recent Court of Appeal ruling.

Permanent Disability Rating Schedule1997 Schedule2005 ScheduleLabor Code § 4660(d)Vera v. Workers' Comp. Appeals Bd.Industrial InjuryReconsiderationFindings and AwardRescindedReturned to Trial Level
References
Case No. SDO 0323941
Regular
Aug 20, 2007

CAPRICE SMITH vs. KINDERCARE LEARNING CENTER, SPECIALTY RISK SERVICES, AIG

This case concerns whether the old or new workers' compensation permanent disability rating schedule applies to an injury predating the 2005 schedule changes. The Board affirmed the WCJ's prior determination that the 1997 schedule applies due to a final, unchallenged finding on the matter. However, the Board granted reconsideration to amend the award, deferring the issue of permanent disability and attorney's fees for further proceedings at the trial level due to the WCJ's insufficient explanation of the disability rating and apportionment.

Workers' Compensation Appeals BoardKindercare Learning CenterSpecialty Risk ServicesAIGCaprice SmithSDO 0323941Petition for ReconsiderationAmended Findings and AwardPreschool TeacherIndustrial Injury
References
Case No. SAL 0104031
Regular
Feb 01, 2008

JOYCE GENHO vs. NEW HORIZON LEARNING CENTER, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration of a prior award where the applicant sustained industrial injury to both upper extremities with 45% permanent disability after apportionment. Defendant SCIF argued the Administrative Law Judge erred by admitting a physician's report and using the incorrect permanent disability rating schedule, and that new evidence showed withdrawal of that report. Reconsideration was granted to allow further review of the factual and legal issues for a just and reasoned decision.

GenhoNew Horizon Learning CenterState Compensation Insurance FundFindings and Awardindustrial injuryupper extremitiespermanent disabilityapportionmentSB 8991997 Schedule
References
Case No. ADJ3291959 (VNO 0487238)
Regular
Feb 27, 2009

JOHNNY HERRERA vs. PEPSI BOTTLING GROUP, OLD REPUBLIC INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration, finding the 1997 Permanent Disability Rating Schedule applied. This decision reversed the trial judge's ruling that the 2005 Schedule was appropriate. The Board determined that the employer's obligation to provide notice under Labor Code section 4061 prior to January 1, 2005, triggered the application of the earlier schedule. Therefore, the case was returned for further proceedings and a new decision based on the 1997 Schedule.

Permanent disability rating scheduleLabor Code section 4061 notice1997 Schedule2005 Scheduletemporary disability indemnitycessation of benefitsnotice exceptionPendergrass v. Duggan PlumbingPTPQME
References
Case No. OAK 304398
Regular
Sep 20, 2007

ANTHONY GONSALVES vs. HESS CONTRUCTION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision regarding the applicable permanent disability rating schedule. The WCAB found the issue of applying the 1997 versus the 2005 schedule was a final order, making the defendant's petition for removal incorrect but treating it as a petition for reconsideration. The WCAB rescinded the prior order and returned the case for a new decision, requiring the WCJ to reevaluate which schedule applies in light of a recent Court of Appeal decision.

Workers' Compensation Appeals BoardPetition for RemovalPetition for ReconsiderationPermanent Disability Rating Schedule1997 Schedule2005 ScheduleLabor Code § 4660(d)Comprehensive Medical-Legal ReportTreating Physician ReportVera v. Workers' Comp. Appeals Bd.
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. SBR 0301526, SBR 0318096
Regular
Dec 10, 2007

KAREN MARCIL vs. COUNTY OF SAN BERNARDINO

The Board granted reconsideration in SBR 0301526 concerning "new and further" temporary disability for a foot injury, remanding it for further proceedings to determine compensability under Labor Code § 5410. However, the Board denied reconsideration in SBR 0318096, upholding the finding of a psyche injury and the use of the 1997 Schedule for permanent disability rating. The employer's arguments regarding jurisdiction and the rating schedule were rejected.

new and further temporary disabilityLabor Code § 5410petition to reopen1997 Schedule2005 Schedulepsyche injuryorthopedic injuriesstipulated awardagreed medical evaluatorliberal construction
References
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