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

Case No. ADJ6884562
Regular
Oct 04, 2010

ERIC KRUSE vs. CITY OF SAN RAFAEL, Permissibly Self-Insured

This case concerns whether a 15% reduction in permanent disability indemnity applies when an employer offers an injured employee regular work after their condition is permanent and stationary. The applicant, a parking enforcement officer, sustained a neck and elbow injury and was temporarily disabled before returning to his regular job. The employer offered regular work after the applicant's condition became permanent and stationary, but the applicant had already returned to his normal duties. The majority found that since there was no indication of permanent disability prior to the employer's offer, all permanent indemnity was payable after the offer, entitling the employer to the reduction. However, a dissenting commissioner argued that the offer lacked practical meaning as the applicant had already returned to work and that no weekly payments remained after the offer to be reduced.

Workers' Compensation Appeals BoardEric KruseCity of San Rafaelparking enforcement officerindustrial injuryneck injuryright elbow injurytemporary total disabilitypermanent and stationaryoffer of regular work
References
0
Case No. MISSING
Regular Panel Decision

Pest v. Bridal Works of New York, Inc.

Irena Pest filed an action against Bridal Works of New York Inc. and Aleksandra Bach for unpaid overtime wages and wage notice violations under the Fair Labor Standards Act and New York Labor Law. Pest, a seamstress, alleged she worked over 40 hours weekly without proper compensation, with defendants manipulating timecards and failing to provide accurate wage statements or notices in Polish. Defendants moved for summary judgment, arguing lack of proof for overtime and time-barred claims. The court denied most of the defendants' motion, finding genuine issues of material fact regarding overtime work, willful violations, and the method for calculating Pest's regular rate of pay. Pest voluntarily withdrew her NYLL Section 195(1) claims, and the court reserved decision on NYLL Section 195(3) violations and equitable tolling.

Overtime WagesFair Labor Standards ActNew York Labor LawSummary JudgmentPiecework CompensationEquitable TollingStatute of LimitationsWage Notice ViolationsPay Stub RequirementsLiquidated Damages
References
56
Case No. ADJ6807374, ADJ6807475
Regular
Apr 25, 2011

CIIRISTINE OSTRANDER vs. COUNTY OF LOS ANGELES/SHERIFF'S DEPARTMENT

This case involves an employer's failure to provide an injured employee with timely notice of modified or alternative work following a determination of permanent and stationary status. While the employee eventually returned to her regular duties, the employer did not formally offer such positions within the 60-day window mandated by Labor Code section 4658(d)(2). Consequently, the employer is not entitled to a 15% decrease in permanent disability payments. However, the Appeals Board found that awarding the employee a 15% increase would elevate form over substance, given the employee's early return to regular work. Therefore, the Board rescinded the original award of a 15% increase and modified the decision to state there is no 15% adjustment under Labor Code section 4658(d).

Workers' Compensation Appeals BoardChristine OstranderCounty of Los Angeles/Sheriff's Departmentindustrial injuryrespiratory systemasthmainternal diseasepermanent disabilitypermanent and stationary (P&S) dateLabor Code section 4658(d)
References
2
Case No. ADJ6467603
Regular
Apr 05, 2011

TOODY CLITES-PORTER vs. COUNTY OF KERN, SHERIFF'S DEPARTMENT

In this Workers' Compensation Appeals Board decision, the applicant sustained industrial injury to her cardiovascular system. The defendant employer's offer of regular work was found tardy by the WCJ, resulting in a 15% increase in permanent disability payments. However, on reconsideration, the Board amended the decision, finding the employer entitled to a 15% **decrease** in permanent disability payments. This was based on the employer making a timely offer of regular work within a reasonable time after receiving the permanent and stationary report, aligning with the statute's purpose of returning injured employees to work. The matter was returned to the trial level for recalculation of permanent disability indemnity and attorney's fees.

Permanent and stationary dateLabor Code section 4658(d)tardy offer of regular work15 percent decreasepermanent disability paymentsAdministrative Director Rule 10117(b)Ornelaz v. Albertson'sInc.Audiss v. City of Rohnert ParkAgreed Medical Evaluator (AME)
References
2
Case No. ADJ7502978
Regular
Feb 25, 2011

FRANCISCO HERNANDEZ vs. CALIFORNIA EMPLOYMENT DEVELOPMENT DEPARTMENT, STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES

This case involves a workers' compensation claim for a left knee injury where the defendant sought reconsideration of a prior award. The core dispute was the date the applicant received a Notice of Offer of Regular Work, which impacts permanent disability benefits. The Workers' Compensation Appeals Board (WCAB) granted reconsideration because the trial judge mistakenly believed the notice was issued in 2010, not 2008. Finding the notice was timely issued within the statutory timeframe, the WCAB rescinded the prior award. The matter is returned to the trial level for further proceedings and a new decision.

Permanent DisabilityNotice of Offer of Regular WorkLabor Code Section 4658(d)Petition for ReconsiderationWorkers' Compensation Appeals BoardQualified Medical EvaluatorTreating PhysicianMaximum Medical ImprovementStipulationAward
References
0
Case No. ADJ17550375; ADJ17550386
Regular
Jul 29, 2025

JOHN RICHARD SEDANO vs. LIVE ACTION GENERAL ENGINEERING INC.; NATIONAL CASUALTY INSURANCE

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a 'Findings of Fact, Award & Order' (F&A) issued on March 24, 2025, by a WCJ, and issued a Notice of Intent to impose sanctions. The WCJ had found that the defendant did not provide a bona fide offer of modified duty to the applicant, John Richard Sedano, and awarded temporary disability. Defendant argued that temporary disability should not have been awarded because an offer of work was made, the award lacked substantial medical evidence, and the WCJ failed to apply apportionment under Labor Code sections 4663 and 4664. The WCAB affirmed the March 24, 2025 F&A and imposed sanctions of $750.00$ jointly and severally against the employer, insurer, administrator, and their attorneys for errors in the petition for reconsideration, including failure to cite the evidentiary record, improperly attaching documents, raising new issues, and citing non-existent legal authority. The Board also found the defendant was equitably estopped from asserting the modified work offer as a bar to temporary disability, and that the modified work offer was independently invalid due to a conflict in medical restrictions.

Temporary DisabilityModified DutyBona Fide OfferApportionmentLabor Code Sections 4663Labor Code Sections 4664SanctionsEquitable EstoppelMaximum Medical ImprovementWork Restrictions
References
10
Case No. MISSING
Regular Panel Decision

Fulton Boiler Works, Inc. v. American Motorists Insurance

Fulton Boiler Works, Inc., filed an action against several insurance companies regarding defense and indemnification for thousands of asbestos claims. The court addressed multiple pending motions for summary judgment, focusing on the proper allocation of indemnity costs among the liable parties, Fulton's obligation for uninsured years, the applicability of equitable estoppel against insurers, and Travelers' specific obligations concerning notice of claims and disclaimers. The court ruled that a pro rata allocation of indemnity costs is appropriate, with Fulton liable for periods it was uninsured. Equitable estoppel was deemed inapplicable to bar insurers from seeking contribution, and Travelers was found to have received proper notice for many claims and is barred from disclaiming coverage due to untimely disclaimers. This order, along with a previous one, sets the 'ground rules' for resolving past, pending, and future asbestos claims.

Asbestos LiabilityInsurance Coverage DisputeIndemnity AllocationSummary JudgmentEquitable EstoppelNotice ProvisionsDisclaimer of CoveragePro Rata AllocationInjury-in-factComprehensive General Liability Policy
References
23
Case No. ADJ6925034
Regular
May 12, 2011

FRANCIS LARA vs. BIMBO BAKERIES USA, ACE AMERICAN INSURANCE COMPANY

The defendant, Bimbo Bakeries USA, sought reconsideration of an award increasing permanent disability payments by 15%, arguing they were entitled to a 15% decrease. This was based on their claim of offering the injured employee, Francis Lara, regular work. However, the Workers' Compensation Appeals Board denied the petition because the defendant's offer of work was fatally flawed, being incomplete, unsigned, and not clearly tied to the employee's specific work restrictions at the time. The Board also noted the offer was made before the employee was declared permanent and stationary, further undermining its validity under Labor Code section 4658(d)(3)(A).

Labor Code section 4658(d)(2)Labor Code section 4658(d)(3)(A)Permanent and Stationary (P&S) reportPetition for ReconsiderationFindings and Awardindustrial injuryright lower extremitypermanent disabilitymodified workalternative work
References
1
Case No. ADJ3682964 (ANA 0393581) ADJ2308886 (ANA 0399397)
Regular
Dec 12, 2008

KARLA ORNELAZ vs. ALBERTSON'S INC., Permissibly Selfinsured, Administered by SPECIALTY RISK SERVICES, INC.

The Workers' Compensation Appeals Board granted reconsideration, finding that the employer's offer of modified work was timely. The Board ruled that the 60-day period to offer work under Labor Code § 4658(d) begins when the employer is served with notice of the employee's permanent and stationary status. Furthermore, the Board held that the five-day mailing extension under Code of Civil Procedure § 1013 applies to this notice, thus entitling the employer to a 15% decrease in permanent disability indemnity.

Workers' Compensation Appeals BoardAlbertson's Inc.Specialty Risk ServicesInc.Karla OrnelazLabor Code §4658(d)(2)Labor Code §4658(d)(3)(A)permanent and stationarymodified workalternative work
References
0
Case No. ADJ9008079
Regular
Aug 31, 2015

CHAD CURRY vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS & REHABILITATION, legally uninsured; STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, adjusting agency

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding a prior award of 25% permanent disability to the applicant. The defendant argued for a 15% reduction in weekly payments based on an alleged offer of regular work, but failed to present evidence of this offer or properly raise the issue during trial. The Board found no evidence in the record of the required notice being sent or admitted, and the defendant did not list this issue in the pre-trial conference statement. Therefore, the Board concluded the defendant failed to support its claim for a reduction in benefits.

Petition for ReconsiderationFindings and AwardPermanent Disability IndemnityNotice of Offer of Regular WorkLabor Code Section 4658(d)(3)(A)Weekly Permanent Disability IndemnityPre-Trial Conference StatementBontempoCity of Sebastopol v. Workers' Comp. Appeals Bd.Braga
References
2
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