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

Case No. SDO 0323941
Regular
Aug 20, 2007

CAPRICE SMITH vs. KINDERCARE LEARNING CENTER, SPECIALTY RISK SERVICES, AIG

This case concerns whether the old or new workers' compensation permanent disability rating schedule applies to an injury predating the 2005 schedule changes. The Board affirmed the WCJ's prior determination that the 1997 schedule applies due to a final, unchallenged finding on the matter. However, the Board granted reconsideration to amend the award, deferring the issue of permanent disability and attorney's fees for further proceedings at the trial level due to the WCJ's insufficient explanation of the disability rating and apportionment.

Workers' Compensation Appeals BoardKindercare Learning CenterSpecialty Risk ServicesAIGCaprice SmithSDO 0323941Petition for ReconsiderationAmended Findings and AwardPreschool TeacherIndustrial Injury
References
7
Case No. 2018 NY Slip Op 07419 [166 AD3d 599]
Regular Panel Decision
Nov 07, 2018

Khan v. Old Navy

In this personal injury action, plaintiff Asghar Khan sued Old Navy after a clothing rack allegedly fell on him in 2012. The parties entered a stipulation in 2016 requiring Khan to provide medical authorizations and records related to a prior 2008 accident, for which he had a workers' compensation claim, within 21 days. Failure to comply would result in preclusion of evidence. Khan failed to comply, leading Old Navy to move for summary judgment. The Supreme Court conditionally granted Old Navy's motion and Khan's cross-motion for summary judgment on liability. The Appellate Division reversed, holding that Khan failed to demonstrate a reasonable excuse for non-compliance with the so-ordered stipulation, making the conditional order of preclusion absolute. Consequently, the defendant's motion for summary judgment dismissing the complaint was granted, and the plaintiff's cross-motion for summary judgment on the issue of liability was denied.

Personal InjurySummary Judgment MotionConditional Order of PreclusionWorkers' Compensation ClaimDiscovery SanctionsStipulationAppellate DivisionMedical RecordsEvidence PreclusionNegligence Action
References
5
Case No. BAK 0142744
Regular
Apr 01, 2008

DARIN SLOAN vs. WASCO STATE PRISON, STATE COMPENSATION INSURANCE FUND

This case concerns whether the old or new permanent disability rating schedule applies. The Board affirmed the WCJ's decision to use the old schedule, finding that medical reports in 2004 indicated permanent disability, even if not explicitly stating the condition was permanent and stationary. This ruling aligns with the more recent *Zavala* precedent, superseding the stricter interpretation in *Vera*.

Workers' Compensation Appeals BoardDarin SloanWasco State PrisonState Compensation Insurance FundOpinion and Decision After ReconsiderationWCJindustrial injurypermanent disabilityapportionment1997 Schedule for Rating Permanent Disabilities
References
8
Case No. ADJ2239874 (STK 0170112) ADJ472994 (STK 0198041) ADJ3391005 (STK0208641)
Regular
Dec 15, 2008

MITCHELL PACHECO vs. INNOVATIVE STEEL SYSTEMS and CALIFORNIA INSURANCE GUARANTEE ASSOCIATION on behalf of FREMONT COMPENSATION INSURANCE COMPANY, in liquidation, LENNAR CORPORATION and OLD REPUBLIC INSURANCE COMPANY, RICHMOND AMERICAN HOMES and AMERICAN HOME ASSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration, rescinded the previous award, and returned the case to the trial level. The Board found that the WCJ erred by applying the wrong disability rating schedule and by issuing a combined award for three separate successive injuries. The matter is remanded for separate determinations of permanent disability for each injury, with the 2005 and 2006 injuries to be rated under the 2005 Schedule.

CIGAFremont Compensation Insurance CompanyliquidationInnovative Steel SystemsLennar CorporationOld Republic Insurance CompanyRichmond American HomesAmerican Home Assurance Companyindustrial injuriesneck
References
8
Case No. ADJ3291959 (VNO 0487238)
Regular
Feb 27, 2009

JOHNNY HERRERA vs. PEPSI BOTTLING GROUP, OLD REPUBLIC INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration, finding the 1997 Permanent Disability Rating Schedule applied. This decision reversed the trial judge's ruling that the 2005 Schedule was appropriate. The Board determined that the employer's obligation to provide notice under Labor Code section 4061 prior to January 1, 2005, triggered the application of the earlier schedule. Therefore, the case was returned for further proceedings and a new decision based on the 1997 Schedule.

Permanent disability rating scheduleLabor Code section 4061 notice1997 Schedule2005 Scheduletemporary disability indemnitycessation of benefitsnotice exceptionPendergrass v. Duggan PlumbingPTPQME
References
3
Case No. ANA 0388502
Regular
Aug 15, 2007

MICHAEL BELTRAN vs. REESE CONCRETE, CLARENDON NAT'L. INSURANCE COMPANY, AMERICAN ALL RISK LOSS ADMINISTRATORS

The Appeals Board granted reconsideration, overturning the WCJ's decision to apply the old permanent disability rating schedule. The Board found that the presence of multiple fractures alone did not constitute a report indicating permanent disability under Labor Code section 4660(d), thus the new 2005 Schedule must apply. The case is returned to the trial level for a new rating and decision regarding permanent disability and attorney's fees.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardPermanent Disability1997 Schedule2005 ScheduleQualified Medical EvaluatorTreating PhysicianLabor Code section 4660(d)Pendergrass II
References
8
Case No. FRE 0222374
Regular
Sep 20, 2007

JAMES ZERNIAL vs. PEPSI BOTTLING COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board granted reconsideration to address a dispute over which permanent disability rating schedule applied to the applicant's 2003 injury. The defendant argued the WCJ erred by using the old 1997 Schedule instead of the new 2005 Schedule. The Board rescinded the prior award and returned the case for a new decision after the WCJ reevaluates the schedule's applicability in light of a recent Court of Appeal ruling.

Permanent Disability Rating Schedule1997 Schedule2005 ScheduleLabor Code § 4660(d)Vera v. Workers' Comp. Appeals Bd.Industrial InjuryReconsiderationFindings and AwardRescindedReturned to Trial Level
References
1
Case No. ADJ3416937 (SRO 0141443) ADJ4476347 (SRO 0118020)
Regular
Apr 25, 2011

TIMOTHY ROBINSON vs. COUNTY OF SONOMA, Permissibly Self-Insured

This case concerns apportionment of permanent disability for an injured correctional officer. The applicant sustained an admitted industrial injury to his neck, resulting in a 12% permanent disability after initial apportionment. The WCJ calculated a total permanent disability of 43%, then apportioned 20% to non-industrial factors under Labor Code section 4663. Further apportionment occurred for a prior low back injury under Labor Code section 4664, using a converted rating from the old schedule to the new AMA Guides. The Appeals Board affirmed the WCJ's decision, finding no prohibition against applying both section 4663 and section 4664 apportionment, and deeming the prior injury properly converted and subtracted. A dissenting opinion argued that the older rating schedule's "overlap" concept is incompatible with the current AMA Guides method, and that the defendant failed to prove overlap for the prior injury.

Workers' Compensation Appeals BoardCounty of SonomaTimothy RobinsonCorrectional OfficerIndustrial InjuryNeck InjuryPermanent DisabilityApportionmentLabor Code Section 4663Labor Code Section 4664
References
6
Case No. MISSING
Regular Panel Decision

Old Country Iron Works, Inc. v. Iron Workers Locals 40, 361 & 417 of the International Ass'n of Bridge, Structural & Ornamental Iron Workers Union Security Funds

This labor-management dispute began with Old Country Iron Works, Inc. seeking to stay arbitration initiated by Local 361, claiming its collective bargaining agreement was solely with Local 40. After the case was removed to federal court, Old Country moved for remand, while the unions cross-moved for summary judgment to compel arbitration. The District Court denied Old Country's remand motion, asserting federal jurisdiction due to the dispute's reliance on interpreting the collective bargaining agreement under the Taft-Hartley Act. However, the court also denied the unions' summary judgment motions without prejudice, citing uncertainties regarding the need for an arbitration order and the scope of the arbitration agreement concerning potential jurisdictional issues. The parties were subsequently directed to engage in settlement discussions.

Labor LawCollective Bargaining AgreementArbitrationRemoval JurisdictionTaft-Hartley ActSection 301Summary JudgmentMotion to RemandFederal Common LawJurisdictional Dispute
References
20
Case No. OAK 0313422
Regular
Oct 18, 2007

JOHN SILVA vs. BMD PLUMBING, INC., STATE COMPENSATION INSURANCE FUND

This case concerns which permanent disability rating schedule applies to an injury sustained in September 2004. The Appeals Board rescinded the trial judge's decision to apply the old (1997) schedule, finding no pre-January 1, 2005 report explicitly stating the applicant was permanent and stationary. The matter was returned for a new decision using the current (2005) schedule, requiring further proceedings to determine the applicant's permanent disability.

Workers' Compensation Appeals BoardPermanent Disability Rating Schedule (PDRS)Labor Code Section 4660(d)Aldi v. CarrBaglione v. HertzCostco Wholesale v. WCABVera v. WCABtreating physician's reportmedical-legal reportpre-2005 injury
References
9
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