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

Case No. OXN 0134891; OXN 0134895 OXN 0134908; OXN 0147440 OXN 0147441; OXN 0147444
Regular
Jun 06, 2008

CRYSTAL BROWN vs. OXNARD SCHOOL DISTRICT, Permissibly Self-Insured, Administered By SOUTHERN CALIFORNIA RISK MANAGEMENT ASSOCIATES

The Workers' Compensation Appeals Board denied reconsideration of a decision finding no delay in payment of a compromise and release (C&R). The applicant argued that payment was delayed because she received the settlement check after the 30-day deadline, but the Board found that payment was timely tendered when the check was issued and mailed on the 30th day. Therefore, the defendant is not liable for penalties, interest, or attorney's fees.

Workers' Compensation Appeals BoardOxnard School DistrictSouthern California Risk Management AssociatesOrder Approving Compromise and ReleaseChild Nutrition WorkerUpper Extremities InjuryKnee InjuryLow Back InjuryDelay in PaymentMailbox Rule
References
4
Case No. OXN 0128150, OXN 0128151, OXN 0128152
Regular
Sep 17, 2007

PEGGY A. RICO vs. AQUARIA, INC., CHUBB GROUP OF INSURANCE COMPANIES, CIGA, For RELIANCE INSURANCE, In Liquidation

The Workers' Compensation Appeals Board granted reconsideration to determine if applicant Peggy Rico sustained separate cumulative trauma injuries. The WCAB found that the applicant's return to work with a different insurer, involving distinct injurious exposures and new medical symptoms, constituted a separate industrial injury from her earlier cumulative trauma. Consequently, the case was remanded for a new determination of liability for benefits based on these separate injuries.

Workers' Compensation Appeals BoardCIGAReliance InsuranceChubb GroupCumulative Trauma InjurySeparate Industrial InjuryMedical EvidenceDate of InjuryLabor Code Section 5412Labor Code Section 5500.5
References
9
Case No. VEN 0121765, OXN 0126302, OXN 0126303, OXN 0126304
Regular
Jan 29, 2008

WILLIAM STARR vs. TOM'S AWNINGS & PATIO ENCLOSURES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration of a decision that consolidated multiple injuries and awarded 81 percent permanent disability. The Board rescinded the decision and returned the case for further proceedings, citing a recent en banc decision that limited the application of the *Wilkinson* principle for combining disabilities from separate injuries. This decision impacts how combined permanent disability and apportionment are determined under current statutory requirements.

Workers' Compensation Appeals BoardPetition for ReconsiderationJoint Findings and AwardCommutationWCJIndustrial InjuryRight Major ShoulderCarpenter InstallerNeck InjuryBilateral Lower Extremities/Knees
References
5
Case No. ADJ4055531 (OXN 0131530) ADJ1549173 (OXN 0137643) ADJ2511069 (OXN 0139174)
Regular
Jan 11, 2011

DAWN MESSI vs. STEPHEN MITNICK, STATE FARM FIRE & CASUALTY, CUNNINGHAM & LANDSEN, STATE COMPENSATION INSURANCE FUND, VAN SICKLE & ROWLEY, EMPLOYERS COMPENSATION INSURANCE COMPANY

This case involves a lien claimant, Westlake Spine & Outpatient Surgery Center, seeking reconsideration of an order denying its lien and imposing sanctions on its attorney. The Appeals Board rescinded the original findings, finding that the lien claimant may not have received adequate notice of the hearing and was thus denied due process. The matter is returned to the WCJ for a new hearing on the merits of the lien claim and the sanctions issue, with proper notice and opportunity to be heard for all parties.

Workers' Compensation Appeals BoardLien claimantReconsiderationJoint Findings & OrdersNotice of Intent to SubmitSanctionsBad faith tacticsObjection to NOIMinutes of HearingCompromise and Release
References
8
Case No. ADJ3269661 (OXN 0142587) ADJ4389164 (OXN 0147019) ADJ4133913 (OXN 0147111)
Regular
Nov 07, 2013

ANNE HOVANESSIAN vs. BIG LOTS STORES, INC., SENTRY INSURANCE

This case involves a dispute over payment for Armenian interpreter services provided by Santana Lopez to an injured worker. The Appeals Board rescinded the trial judge's decision and returned the case for further proceedings. The Board found the lien claimant met its burden of proof for payment but requires further development of the record regarding two-hour minimum billing for interpreter services. Additionally, more evidence is needed to determine entitlement to payment increases and interest under Labor Code sections 4622 and 4603.2(b), specifically concerning bill submission and receipt dates.

WORKERS' COMPENSATION APPEALS BOARDReconsiderationFindings and OrderMarket RateSantana LopezBig Lots StoresSentry InsuranceLien ClaimantLabor CodePayment Increase
References
4
Case No. ADJ4055531 (OXN 0137643) ADJ1549173 (OXN 0131530) ADJ2511069 (OXN 0139174)
Regular
May 09, 2012

DAWN MESSI vs. STEPHEN MITNICK, STATE FARM FIRE & CASUALTY, CUNNINGHAM & LANDSEN, STATE COMPENSATION INSURANCE FUND, VAN SICKLE & ROWLEY, EMPLOYERS COMPENSATION INSURANCE COMPANY

Attorney M. Francesca Hannan petitioned for the disqualification of WCJ Morgan, alleging a conspiracy among Oxnard District Office WCJs to dismiss her clients' liens and sanction her due to her medical issues. The Appeals Board denied the petition, finding it untimely and unsupported by sufficient factual evidence. Hannan failed to provide timely declarations from alleged witnesses to substantiate her claims of bias and conspiracy. Therefore, the case is returned to the trial level without the disqualification of WCJ Morgan.

Workers' Compensation Appeals BoardPetition for DisqualificationAdministrative Law JudgeBiasSanctionsLiensCompromise and ReleaseReconsiderationADA accommodationTimeliness
References
1
Case No. ADJ683696 (OXN 0130382) ADJ2849597 (OXN 0135814) ADJ2954957 (OXN 0136101)
Regular
Nov 25, 2009

JORGE BARBOZA vs. MICROPULSE, INC., STATE COMPENSATION INSURANCE FUND, GAB ROBINS for CALIFORNIA INDEMNITY INS. CO., ANDREW CORPORATION, ZURICH NORTH AMERICA

Defendant California Indemnity Insurance Company sought reconsideration of an arbitrator's award concerning liability apportionment among multiple insurers. The arbitrator had assigned specific percentages of responsibility to State Compensation Insurance Fund and Zurich for benefits paid. The defendant argued the arbitrator erred by disregarding medical evidence, ignoring liability percentages, and improperly inferring liability. The Appeals Board granted reconsideration to clarify that miscoded medical treatment expenses, erroneously labeled VRMA, should be considered as benefits paid for contribution purposes. The original award was otherwise affirmed with amendments clarifying what constitutes "moneys paid to and on behalf of the Applicant."

Workers' Compensation Appeals BoardReconsiderationAmended Findings and AwardContributionLiabilityMedical EvidenceVRMABenefits PaidMedical Treatment ExpensesTemporary Total Disability
References
0
Case No. ADJ1030732 (OXN 0137440) ADJ503798 (OXN 0137441) ADJ3788329 (OXN 0137713)
Regular
Jul 07, 2008

TERESITA C. DOMINGO vs. HONEYWELL, INC., ZURICH NORTH AMERICA, FINLAY FINE JEWELRY CO., CHUBB GROUP OF INSURANCE COMPANIES

This case involves applicant's counsel, Olive Richards, seeking attorney fees. The WCJ initially denied her petition for fees due to a lack of specific legal actions and a Bill of Particulars. While counsel has now filed a Bill of Particulars, the Board dismissed her Petition for Reconsideration as it was not taken from a final order. The Petition for Removal was also denied, as counsel failed to demonstrate substantial prejudice or irreparable harm, allowing the matter to return to the trial level for a ruling on fees.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalAttorney FeesBill of ParticularsFinal OrderInterlocutory DecisionSubstantive RightWCJ Report and RecommendationApplicant Counsel
References
10
Case No. OXN 0125163, OXN 0125194
Regular
Apr 04, 2008

ALEJANDRO HERNANDEZ vs. SCARBOROUGH FARMS, INC., STATE COMPENSATION INSURANCE FUND, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, BROADSPIRE, SUPERIOR NATIONAL INSURANCE CO.

This case involves a dispute over reimbursement between the California Insurance Guarantee Association (CIGA) and the State Compensation Insurance Fund (SCIF) concerning workers' compensation benefits paid to an applicant for knee injuries sustained at different times. The Court of Appeal ruled that SCIF is jointly and severally liable for the benefits and must reimburse CIGA for 100% of its outlay, totaling $43,505.53. This decision reverses the Board's prior determination that SCIF was only liable for 25% of the benefits.

Workers' Compensation Appeals BoardRemittiturCalifornia Insurance Guarantee AssociationState Compensation Insurance FundSuperior National Insurance Co.liquidationspecific injurycumulative injuryagreed medical evaluatorapportionment
References
2
Case No. OXN 0128545 OXN 0132143
Regular
Mar 28, 2008

DONALD GEORGE vs. KAISER AIR CONDITIONING AND SHEET METAL, GAB ROBINS NORTH AMERICA

The Workers' Compensation Appeals Board denied Kaiser Air Conditioning's petition for reconsideration. The Board previously rescinded a dismissal of a lien claim, favoring a hearing on the merits despite the lien claimant's non-appearance and the defense's sympathetic arguments. The Board reiterated that the decision was limited to the specific facts of this case, allowing for separate proceedings against the lien claimant's counsel for their conduct.

Workers' Compensation Appeals BoardKaiser Air Conditioning and Sheet MetalGAB Robins North AmericaPetition for ReconsiderationDecision after ReconsiderationOrder Dismissing LienLien ClaimantFailure to AppearGood CauseCompromise and Release
References
1
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