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

Case No. OAK 240649 OAK 240651 OAK 279879
Regular
Jan 15, 2008

BUNNIE ORANGE vs. HILTON HOTEL CORPORATION, SPECIALTY RISK SERVICES

The Appeals Board granted reconsideration because the administrative law judge incorrectly used the 1997 Permanent Disability Rating Schedule instead of the 2005 Schedule for the applicant's cumulative trauma injury. The Board also found the calculation of permanent disability indemnity was improper and remanded the case for re-rating under the 2005 Schedule. Upon remand, any overlap between the current award and a prior stipulated award must be identified and subtracted before calculating the final indemnity.

WORKERS' COMPENSATION APPEALS BOARDBUNNIE ORANGEHILTON HOTEL CORPORATIONSPECIALTY RISK SERVICESOAK 240649OAK 240651OAK 279879OPINION AND ORDERGRANTING RECONSIDERATIONDECISION AFTER RECONSIDERATION
References
Case No. ADJ732035 (OAK 0345537), ADJ2680658 (OAK 0348118)
Regular
Nov 14, 2011

ROBERT ASMEGA vs. E LOAN, GALLAGHER BASSETT SERVICES, INC.

In this Workers' Compensation Appeals Board matter, the Board has issued an Order Denying Reconsideration. The Board adopted and incorporated the reasoning of the Workers' Compensation Judge's report. Therefore, the applicant's petition for reconsideration has been denied.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationWCJ reportdeny reconsiderationADJ732035ADJ2680658OAK 0345537OAK 0348118Oak District OfficeROBERT ASMEGA
References
Case No. ADJ2135528 (VNO 0550980)
Regular
May 22, 2015

NUREN KARTAL vs. THREE HANDS CORPORATION, OAK RIVER INSURANCE COMPANY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES

This case involves a petition for reconsideration filed by the defendants, Three Hands Corporation and Oak River Insurance Company. The Workers' Compensation Appeals Board (WCAB) has dismissed the petition. This dismissal is based on the WCJ's report, which found the petition moot because the WCJ issued a corrected award superseding the original one. Therefore, the WCAB adopted the WCJ's reasoning and dismissed the reconsideration.

Petition for ReconsiderationWorkers' Compensation Appeals BoardWCJ reportmootSecond Amended Supplemental FindingsFirst Amended Joint FindingsApplicantDefendantInsurance CompanyAdministrative Law Judge
References
Case No. ADJ10946930, ADJ10946848, ADJ10902572
Regular
Jan 13, 2020

Angelica Ruiz vs. Charter Oak Unified School District, York Risk Services

This case involves a Petition for Removal filed by the applicant, Angelica Ruiz, against Charter Oak Unified School District and York Risk Services. The Workers' Compensation Appeals Board (WCAB) denied the petition, finding that Ruiz failed to demonstrate substantial prejudice or irreparable harm would result from denial. The WCAB also determined that reconsideration would be an adequate remedy should an adverse decision issue later. Furthermore, the Board noted that sufficient time had passed for either party to place the matter back on the calendar.

Petition for RemovalWorkers' Compensation Appeals BoardSubstantial PrejudiceIrreparable HarmReconsiderationWCJ ReportAdministrative Law JudgeExtraordinary RemedyFinal DecisionDeclaration of Readiness
References
Case No. OAK 216926, OAK 207971
Regular
Nov 09, 2007

JAMES SHERRY vs. CONNELLEY'S FINE FURNITURE, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior award of 100% permanent disability. The Board found that the administrative law judge erred by failing to apply apportionment principles under Labor Code sections 4663 and 4664 to the applicant's permanent disability. The case is returned to the trial level for further proceedings to determine permanent disability considering apportionment based on causation and prior awards.

Workers' Compensation Appeals BoardConnelley's Fine FurnitureState Compensation Insurance FundOAK 216926OAK 207971Findings Award Orderindustrial injurieskneesnecklow back
References
Case No. OAK 216926 OAK 207971
Regular
Jun 27, 2008

JAMES SHERRY vs. CONNELLEY'S FINE FURNITURE, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration of a finding of 100% permanent disability for applicant James Sherry. Although the Board found the presumption of total disability under Labor Code section 4662(d) inapplicable, they affirmed the 100% permanent disability award based on vocational evidence and medical opinions regarding the applicant's severe psychological impairments and constant headaches. The Board also determined that the defendant failed to establish apportionment to a prior disability award, as the current psychological impairments were solely attributed to the industrial injuries.

Workers' Compensation Appeals BoardConnelley's Fine FurnitureState Compensation Insurance FundOAK 216926OAK 207971Opinion and Order Denying Reconsiderationindustrial injurieskneesnecklow back
References
Case No. OAK 0279116, OAK 0323541
Regular
May 02, 2008

BARBARA MCMILLER vs. COUNTY OF ALAMEDA, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Appeals Board granted the defendant's petition for reconsideration and rescinded the prior order approving a Compromise and Release. This action was taken because the defendant contested the validity of the settlement, alleging the applicant died prior to signing the agreement and that the signature was not authentic. The case is remanded to the trial level for further proceedings to determine the legitimacy of the settlement agreement.

McMillerCounty of AlamedaSedgwick Claims Management ServicesOAK 0279116OAK 0323541Petition for ReconsiderationOrder Approving Compromise and ReleaseWCJsettlementapplicant died
References
Case No. ADJ3578571
Regular

RONALD FUDALA vs. CONTRA COSTA ELECTRIC, INC., CNA INSURANCE CORPORATION

The Workers' Compensation Appeals Board dismissed Ronald Fudala's Petition for Removal against Contra Costa Electric, Inc. and CNA Insurance Corporation. The dismissal was based on the mediator's report, which indicated the disputed issue of entitlement to ankle surgery had been resolved. Consequently, the matter before the Board became moot.

Petition for RemovalAnkle SurgeryMoot IssueWorkers' Compensation Appeals BoardDismissalContra Costa ElectricCNA Insurance CorporationADJ3578571OAK 0266336Mediator Report
References
Case No. OAK 0337799; OAK 0337800
Regular
May 19, 2008

LI-PING LI vs. WAL-MART ASSOCIATES, INC., AMERICAN HOME ASSURANCE/AIG

The Workers' Compensation Appeals Board granted reconsideration to amend factual findings and the case caption. The Board affirmed the finding of temporary total disability for the applicant, Li-Ping Li, due to an industrial injury sustained while employed by Wal-Mart Associates, Inc., insured by American Home Assurance. The decision was amended to correct the employer's name, identify the correct insurance carrier, and exclude a specific period from the temporary total disability award.

Workers Compensation Appeals BoardLi-Ping LiWal-Mart AssociatesInc.American Home AssuranceFrank Gates Service CompanyOAK 0337799OAK 0337800Opinion and Order Granting ReconsiderationDecision After Reconsideration
References
Case No. ADJ547219 (OAK 0284707) ADJ2031085 (OAK 0291936)
Regular
Apr 15, 2010

SHARON TAKAHASHI vs. COUNTY OF ALAMEDA (C/O SEDGWICK) and AIG (C/O TRISTAR)

The Workers' Compensation Appeals Board denied Tristar's petition for reconsideration while granting those of the applicant and Sedgwick. The Board affirmed the original Joint Findings and Award, but with specific amendments. These amendments clarify responsibility for Dr. Carr's medical-legal evaluation, assigning sole liability to Tristar. The decision also clarifies the administration of future medical treatment, delineating responsibilities between Tristar and Sedgwick for upper extremity versus lower extremity injuries.

ADJ547219ADJ2031085OAK 0284707OAK 0291936ReconsiderationJoint Findings and AwardIndustrial InjuryUpper ExtremitiesLeft KneeRight Ankle
References
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