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

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ1282717 (LBO 0332013) ADJ1437663 (LBO 0333033) ADJ1830483 (LBO 0332918)
Regular
Mar 24, 2011

SUSAN RICHARDSON vs. PROSPECT HEALTH SOURCE MEDICAL GROUP, JAMES DANIEL, DANA EISENMAN, GRANITE STATE INSURANCE COMPANY, CHARTIS CLAIMS, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for FREMONT INSURANCE, STATE COMPENSATION INSURANCE FUND

This Nunc Pro Tunc Order corrects a clerical error in a prior Workers' Compensation Appeals Board decision. The applicant's attorney, Vernon Goldwater, was erroneously misidentified in the Award section of the January 27, 2011 Decision. The Order amends the Award nunc pro tunc to correctly identify Mr. Goldwater as the attorney entitled to a 12% fee for temporary disability indemnity. All other aspects of the January 27, 2011 Decision remain unchanged.

nunc pro tuncclerical errorcorrecting awardtemporary disability indemnityself-procured medical treatmentmedical-legal costsfuture medical treatmentGranite State Insurance CompanyState Compensation Insurance FundCalifornia Insurance Guarantee Association
References
Case No. ADJ10579672
Regular
Jan 03, 2019

EVELYN MENDOZA vs. VINTAGE SENIOR LIVING, SAFETY NATIONAL CASUALTY CORPORATION

The Appeals Board denied the applicant's petition for reconsideration, affirming the WCJ's nunc pro tunc order. This order amended the original Compromise and Release to include a finding that a good faith dispute existed regarding the injury AOE/COE, which was necessary to extinguish liability for a Supplemental Job Displacement (SJDB) voucher. The Board found that the WCJ intended to settle the SJDB voucher claim at the time of the original order but failed to explicitly record this finding. Therefore, the nunc pro tunc order corrected a clerical omission to reflect the court's prior decision, rather than altering the substance of the original judgment.

Workers' Compensation Appeals BoardEvelyn MendozaVintage Senior LivingSafety National Casualty CorporationAthens AdministratorsADJ10579672Opinion and Decision After ReconsiderationFindings of Fact and OrdersCompromise and ReleaseNunc Pro Tunc
References
Case No. ADJ1003980 (SFO 0430815)
Regular
Jun 06, 2011

ROBERT WYNNE vs. LUMEND, INC., HARFORD INSURANCE COMPANY, AMERICAN MANUFACTURERS INSURANCE COMPANY (KEMPER)

This case involved a clerical error in the caption of a previous Workers' Compensation Appeals Board decision. The Board granted reconsideration to amend the April 4, 2011 decision nunc pro tunc. The amendment corrected the caption to include only the relevant case number, ADJ1003980 (SFO 0430815). No objections were received from the parties. The case is now returned to the trial level for further proceedings.

Workers' Compensation Appeals BoardNunc Pro TuncReconsiderationAmend DecisionClerical ErrorCase CaptionAdministrative Law JudgePetition to ReassignTrial Level ProceedingsInsurer
References
Case No. ADJ1541863 (SBR 0317921) ADJ1955130 (SBR 0318072)
Regular
Oct 24, 2008

CAROL TELIZYN vs. BRASWELL'S COLONIAL CARE, STATE COMPENSATION INSURANCE FUND

The Appeals Board dismissed Arrowback Medical Group's (AMG) petition for reconsideration because it was successive and not taken from a final order, as the prior decision remanded the case for further proceedings. The Board also corrected the caption of its August 8, 2008 decision nunc pro tunc to include both relevant case numbers. AMG's core argument regarding the applicability of an expired fee schedule was previously addressed and found to be without merit.

Nunc Pro TuncPetition for ReconsiderationSuccessive PetitionFinal OrderInterim OrderRemandCaption CorrectionRepackaged PharmaceuticalsOfficial Medical Fee ScheduleLien Claimant
References
Case No. ADJ6525207
Regular
Aug 28, 2009

MICHAEL GRAY vs. WATSON ROOFING, INC., NATIONAL UNION FIRE INSURANCE COMPANY, AIG DOMESTIC CLAIMS, INC.

This case concerns a clerical error in a previous Workers' Compensation Appeals Board decision where the applicant's injury and temporary disability dates were mistakenly listed as 2009 instead of 2008. The Board issues an order correcting these specific dates nunc pro tunc across multiple pages of the prior opinion. This ensures the record accurately reflects the true year of the applicant's injury and the commencement of his temporary disability benefits. The correction is effective as of the original decision date.

Nunc pro tuncClerical errorReconsiderationTemporary disabilityDate of injuryAppeals BoardWorkers' Compensation Appeals BoardWatson RoofingNational Union Fire Insurance CompanyAIG Domestic Claims
References
Case No. ADJ3070416 (LAO 0707238) ADJ3611048 (LAO 0707239)
Regular
Mar 09, 2009

ALBERTO MACIAS vs. GUSTAFSON MANUFACTURING CORP., REVCON MOTOR COACH MFG., UNINSURED EMPLOYERS BENEFITS TRUST FUND, PACIFIC EMPLOYER INSURANCE CO. (ESIS)

The Workers' Compensation Appeals Board granted removal and rescinded a WCJ's order that declared an arbitrator's finding regarding employment dates unenforceable. The Board found a clear clerical error in the arbitrator's finding, which stated employment was from "August, 1985 through May 8, 1985," an impossibility. The Board held that a WCJ has authority to correct such a clerical error nunc pro tunc. The case was returned to the WCJ to correct this error and address the defendant's appeal from the Vocational Rehabilitation Unit's decision.

Workers' Compensation Appeals BoardGustafson Manufacturing Corp.Revcon Motor Coach Mfg.Uninsured Employers Benefits Trust FundPacific Employer Insurance Co. (ESIS)Alberto MaciasArbitrator's DecisionCumulative TraumaVocational Rehabilitation BenefitsCompromise and Release
References
Case No. ADJ2834079 (SDO 0293027) ADJ2839895 (SDO 0358837)
Regular
Jun 25, 2009

THUAN CRIM-ROLFE vs. LA COSTA RESORT AND SPA, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for LEGION INSURANCE COMPANY, BROADSPIRE, SAFETY NATIONAL CASUALTY INSURANCE COMPANY

This case involves a clerical error in a prior Workers' Compensation Appeals Board (WCAB) decision. The WCAB previously ordered Safety National Casualty Insurance Company (SNCC) to reimburse the California Insurance Guarantee Association (CIGA) a specific amount for bill review charges. CIGA requested clarification, noting the amount ordered was incorrect. The WCAB affirmed its earlier decision that CIGA is entitled to reimbursement for bill review costs but amended the order nunc pro tunc. The corrected order now states SNCC must reimburse CIGA for bill review charges, with the exact amount to be determined by the parties or the arbitrator.

California Insurance Guarantee AssociationLegion Insurance CompanySafety National Casualty Insurance Companynunc pro tuncclerical errorbill review chargesliquidationcovered claimsreimbursementpetition for reconsideration
References
Case No. ADJ6659926, ADJ6659223
Regular
Feb 10, 2012

MICHELLE JIMENEZ vs. DENCO SALES COMPANY, ACE PROPERTY AND CASUALTY COMPANY, ARGONAUT INSURANCE COMPANY

This case involves a nunc pro tunc order by the Workers' Compensation Appeals Board (WCAB) to correct a clerical error in a prior January 6, 2012 decision. The error was the inclusion of "days" alongside "weeks" when specifying the duration of additional temporary disability indemnity. The WCAB clarified that the award was for up to 35 weeks of temporary disability, not weeks and days. While defendants raised issues about their respective liabilities and payments, the WCAB confirmed that the January 6, 2012 decision only addressed the total amount of temporary disability owed to the applicant and did not resolve inter-defendant contribution claims.

Nunc Pro Tunc OrderClerical ErrorTemporary Disability IndemnityFindings and AwardReconsiderationContributionReimbursementCumulative Trauma InjuryWorkers' Compensation Appeals BoardWCJ
References
Case No. ADJ2738004
Regular
Nov 24, 2014

RONALD PAYTON vs. KLEINFELDER GROUP, AIG CLAIMS

The Workers' Compensation Appeals Board denied Ronald Payton's petition for reconsideration of a prior decision. The Board adopted the administrative law judge's report, which found that Payton's claims of injury were not supported by substantial evidence. The judge detailed how Payton, proceeding pro se, failed to present new or relevant evidence and misrepresented existing medical opinions. Therefore, the Board affirmed the original denial of the claim.

Petition for ReconsiderationSubstantial EvidenceAgreed Medical EvaluatorPro PerDWC-1MMIAgreed Medical EvaluatorPro SeNon-industrial PneumoniaToxicology
References
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