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

Case No. ADJ1329489
Regular
Sep 06, 2011

CHAVA COHEN vs. SHERIDAN ASSISTED LIVING, INC., STATE COMPENSATION INSURANCE FUND

This case concerns vocational consultant Judie Fogel's request for reconsideration of a prior Workers' Compensation Appeals Board (WCAB) decision. The WCAB previously rescinded an order for defendants to pay Fogel $1,700.00 for "medical legal expense for issues relating to the Ogilvie case," finding her testimony deficient and thus non-recoverable costs. Fogel argued her testimony addressed more than just Ogilvie issues, including average weekly wages, and that it was not necessary for her to independently calculate wage loss. The WCAB denied reconsideration, reiterating that Fogel was retained specifically for Ogilvie issues and her testimony remained deficient, citing precedent.

Vocational consultantReconsiderationOpinion and OrderMedical legal expenseOgilvie caseWage lossAverage weekly wagesPermanent disability ratingReimbursementEn banc decisions
References
4
Case No. MISSING
Regular Panel Decision

American Fur Liners Contractors Ass'n v. Lucchi

The court considered whether Civil Practice Act section 882-a typically permits framing issues for a contempt proceeding. It was determined that under ordinary circumstances, it does not. However, the appellants, having themselves objected to proceeding without framed issues, were precluded from raising an objection on that ground. The court found the framed issues sufficient to address the questions presented in the case. Consequently, the order under appeal was unanimously affirmed, with associated costs and disbursements.

contempt of courtframing issuesappellate procedurecivil practice actunanimous affirmationprocedural objectionappellate costsjudicial review
References
0
Case No. ADJ3417556 (OAK328205)
Regular
Feb 02, 2012

, Matney A. Guillory, Jr. vs. , City College of San Francisco,

The Workers' Compensation Appeals Board granted reconsideration, rescinding a prior award and remanding the case for further development of the record. The primary issue was whether vocational experts should have the opportunity to revise their opinions on diminished future earning capacity in light of a recent appellate court decision (*Ogilvie III*) issued just before trial. The Board found that the vocational reports, based on older law, were outdated and remanding would allow experts to re-evaluate consistent with the new precedent. The Board did not address the applicant's other contentions, including the exclusion of a QME report and the admission of sub rosa video, but noted the WCJ could revisit these issues after further record development.

Workers' Compensation Appeals BoardMatney A. GuilloryJr.City College of San FranciscoADJ3417556OAK328205Opinion and OrderGranting ReconsiderationDecision After ReconsiderationPermanent Disability
References
2
Case No. ADJ2079252
Regular
Jan 25, 2010

JON SHINI vs. PACIFIC COAST AUTO BODY & TRUCK, FARMERS SANTA ANA

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded the prior award due to the administrative law judge's (WCJ) failure to fully analyze the issues presented in *Ogilvie I* and *Ogilvie II*. Specifically, the WCJ improperly applied the diminished future earning capacity (DFEC) rebuttal formula without sufficient evidentiary development regarding the applicant's post-injury earnings and potential for malingering. The Board remanded the case for further proceedings to conduct a complete *Ogilvie* analysis, including weighing the scheduled rating against the adjusted DFEC factor and considering factors such as the applicant's credibility. The defendant's contention regarding industrial injury to the psyche was not addressed, with the Board allowing it to be raised in further proceedings.

OgilvieDiminished Future Earning CapacityDFECReconsiderationRebuttalPermanent Disability Rating SchedulePost-injury earningsEarning capacityAgreed Medical EvaluatorMalingering
References
3
Case No. MISSING
Regular Panel Decision
Feb 09, 1995

Hickey v. C. D. Perry & Sons, Inc.

Plaintiff Roland E. Hickey, a labor supervisor, was injured after falling from a plank across a sluiceway at a dam construction site. He and his wife sued the owner, New York State Electric and Gas Corporation (NY-SEG), and the general contractor, C. D. Perry & Sons, Inc., alleging violations of Labor Law §§ 200, 240 (1), and 241 (6). The defendants then filed a third-party action against Hickey's employer, Prepakt Concrete Company, for contribution and indemnification. Plaintiffs moved for partial summary judgment on the issue of strict liability under Labor Law § 240 (1), while defendants cross-moved to dismiss this claim, asserting the "recalcitrant worker" defense. The Supreme Court denied both motions, finding unresolved factual questions. The appellate court affirmed the denial of the plaintiffs' motion, agreeing that factual issues persisted regarding whether adequate safety devices were provided and whether the plaintiff refused to use them, or if the plank itself was unauthorized and its use prohibited.

Labor LawWorkplace SafetySummary JudgmentRecalcitrant WorkerFall from HeightSubcontractor LiabilityGeneral Contractor LiabilityOwner LiabilityIndemnificationContribution
References
2
Case No. ADJ7469391
Regular
Apr 22, 2013

DANIEL DIAZ NEGRON vs. CLEAR WATER HANDWASH dba MARINA CLASSIC CAR WASH, STATE FARM

This case involves a lien claimant, Best of California Business Promotions, whose petition for reconsideration was dismissed because it was based on an assumed dismissal of their lien that had not actually occurred. The lien claimant failed to appear at a scheduled lien trial and did not provide good cause for their absence. Furthermore, the Appeals Board is issuing a notice of intention to impose sanctions up to $1,000 against the lien claimant and its representatives for filing a frivolous petition and wasting judicial resources by arguing an issue not supported by the record. The Board is also removing the case on its own motion.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder of RemovalSanctionsLabor Code 5813Lien ClaimantNotice of Intention to Dismiss LienNon-Appearance at TrialLien Activation FeeUnconstitutional
References
1
Case No. ADJ4141215 (MON 0288595) ADJ4160601 (MON 0288596) ADJ2249717 (MON 0300098)
Regular
Dec 27, 2011

DOREEN LABOY vs. STATE OF CALIFORNIA, DEPARTMENT OF MENTAL HEALTH, Legally Uninsured; STATE COMPENSATION INSURANCE FUND / STATE CONTRACT SERVICES, Adjusting Agency

The Workers' Compensation Appeals Board (WCAB) denied the defendant's Petition for Reconsideration, finding their argument regarding AMA Guidelines irrelevant due to a prior stipulation to the 1997 Rating Schedule. The WCAB granted removal to issue notices of intention to impose sanctions and award attorney's fees/costs against the defendant and their counsel. This action is based on the defendant's frivolous and bad-faith tactics in raising an issue for the first time on reconsideration that was not previously litigated or argued. The defendant's petition is deemed without merit and solely intended to cause unnecessary delay.

LABOYDOREENSTATE OF CALIFORNIADEPARTMENT OF MENTAL HEALTHSTATE COMPENSATION INSURANCE FUNDJOINT FINDINGS AND AWARDPETITION FOR RECONSIDERATIONREMOVALNOTICES OF INTENTIONORDER TO PAY EXPENSES
References
6
Case No. ADJ6487859
Regular
Feb 08, 2012

Carlos Lopez vs. All American Asphalt, Seabright Insurance

This case was remanded by the California Court of Appeal for reconsideration of the defendant's Petition for Reconsideration in light of the *Ogilvie* decision. The Appeals Board granted reconsideration, rescinded the prior Findings and Award and Order of February 17, 2011, and returned the matter to the trial level. The Workers' Compensation Judge will now issue a new decision after further proceedings, applying the *Ogilvie* precedent.

Workers' Compensation Appeals BoardREMANDOgilvie v. Workers' Comp. Appeals Bd.Petition for ReconsiderationFindings and AwardWorkers' Compensation JudgeRESCINDEDtrial levelfurther proceedingsnew decision
References
1
Case No. MISSING
Regular Panel Decision
Oct 14, 1999

Claim of Williams v. New York State Department of Transportation

The claimant, who suffered a work-related injury in 1988, initially received permanent partial disability benefits at a mild rate in May 1996. Dissatisfied with this assessment, the claimant appealed, presenting medical evidence suggesting a more severe disability. This led the Workers’ Compensation Board to restore the case to the trial calendar for further development of the record concerning the degree of disability post-May 6, 1996. Although two physicians testified, with one indicating a moderate disability and another a total disability, the Workers’ Compensation Law Judge (WCLJ) ultimately awarded benefits at a moderate partial disability rate. Upon the claimant's subsequent appeal, the Board ruled that the claimant was precluded from raising the issue of their degree of disability, citing regulatory provisions. The appellate court found that the Board had abused its discretion, as the issue was explicitly remanded by the Board previously, and the claimant was still aggrieved by the WCLJ's award despite an increase in benefits. Consequently, the court reversed the Board's decision and remitted the matter for further proceedings.

Workers' CompensationDisability AssessmentAppellate ReviewAbuse of DiscretionProcedural ErrorMedical EvidenceDegree of DisabilityRemittalNew York LawAdministrative Appeal
References
0
Case No. ADJ4313424 (SJO 0269593)
Regular
Jul 13, 2011

SUSAN GRACE vs. SANTA CLARA COUNTY HEALTH, COUNTY OF SANTA CLARA

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, rescinding the WCJ's order that allowed the applicant to obtain expert evidence on the "Ogilvie" issue after the mandatory settlement conference (MSC). The Board found the applicant failed to demonstrate due diligence in identifying and retaining an expert witness for this issue prior to the MSC. Consequently, discovery was closed as of the MSC date, and the case was returned to the trial level for further proceedings.

Ogilvie evidenceGrupe casePetition for RemovalMandatory Settlement ConferenceLabor Code section 5502(e)(3)due diligencePermanent Disability Rating ScheduleDREC adjustment factorWCJAppeals Board
References
2
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