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

Case No. ADJ7326084, ADJ7326039
Regular
May 10, 2013

THERESA GONZALES vs. STATE OF CALIFORNIA DEPARTMENT OF SOCIAL SERVICES

The Workers' Compensation Appeals Board granted reconsideration of a prior order that assigned the applicant an Occupational Group Number (OGN) of 251. The applicant, a Senior Special Investigator handling child abuse cases, argued her duties warranted a higher OGN due to integral law enforcement training and the potential for dangerous situations. The Board agreed that while not a sworn police officer (OGN 490), her quasi-law enforcement duties and required training placed her more appropriately in Group 390 (Security Officer), rescinding the prior finding and returning the case for further proceedings.

Occupational Group NumberSenior Special InvestigatorLaw enforcement trainingIntegral part of occupationSecurity OfficerPolice OfficerSworn officersPermanent Disabilities Rating ScheduleReconsiderationJoint Findings and Order
References
1
Case No. ADJ3712045 (LAO 0871065), ADJ3981215 (LAO 0752424)
Regular
May 20, 2013

MARY STONE vs. STATE OF CALIFORNIA DEPARTMENT OF SOCIAL SERVICES - IHSS, Legally Uninsured

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, finding no error in the original award regarding apportionment and average weekly wage. However, the Board granted the applicant's petition for reconsideration to correct a clerical error in the occupational group number (OGN). The Board amended the award to reflect an OGN of 35, which was utilized in the rating instructions and not disputed by the defendant until this appeal. The original award of 100% permanent disability, encompassing spine, upper extremity, and psychiatric injuries, was otherwise affirmed.

Workers' Compensation Appeals BoardOccupational Group NumberOGNFindings Award & OrderPetition for ReconsiderationAverage Weekly WagePermanent DisabilityApportionmentNurse AttendantSpine Injury
References
1
Case No. ADJ7873127
Regular
May 08, 2012

MICHAEL DE SANTIAGO vs. ST, JOHN'S COMPANY, FEDERAL INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a prior award finding 6% permanent disability for a lumbar spine injury. Applicant's counsel argued for 12% based on a stipulation classifying the applicant as a furniture mover (OGN 560), but the WCAB found the applicant's deposition testimony contradicted this, indicating an indoor salesperson role (OGN 212). The Board also issued a notice of intention to sanction applicant's attorney and law firm $400 for filing a petition with demonstrably false statements regarding trial necessity and misrepresented facts about the record.

WCABPetition for ReconsiderationFindings and AwardPermanent DisabilityOccupational Group NumberStipulationsSanctionsLabor Code 5813Rule 10561Bad Faith Actions
References
4
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