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Case Law Database

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

Case No. ADJ8991440

Regular

ELSA CERVANTES vs. OPTIONS FOR YOUTH, FIREMAN'S INSURANCE COMPANY FOR AMERICAN INSURANCE COMPANY

This case involves a Petition for Removal filed by Elsa Cervantes. The Workers' Compensation Appeals Board (WCAB) reviewed the petition and the administrative law judge's report. Finding no grounds for removal, the WCAB adopted the judge's report and issued an order dismissing the petition.

Petition for RemovalWorkers' Compensation Appeals BoardDismissalWorkers' Compensation Administrative Law JudgeOptions for YouthFireman's Insurance CompanyLos Angeles District OfficeADJ8991440Marguerite SweeneyMick Dietrich

References

Case No. OAK 294681

Regular

Nov 14, 2007

SCOTT SIMPSON vs. GEO OPTIONS, INC., EARTFORD INSURANCE COMPANY

The Workers' Compensation Appeals Board affirmed the WCJ's decision regarding permanent disability apportionment, finding substantial medical evidence supported a 50% apportionment to pre-existing conditions. The Board also upheld the WCJ's finding of unreasonable delay in medical treatment, justifying a penalty against the defendant. A minor clerical error in the award regarding penalty references was corrected.

Workers' Compensation Appeals BoardScott SimpsonGeo Options Inc.Hartford Insurance CompanyOAK 294681Opinion and Decision After Reconsiderationpermanent disabilityapportionmentspondylolisthesisqualified medical examiner

References

Case No. ADJ2425610 (STK 0180003)

Regular

Oct 26, 2011

STEVE ADAMS vs. PRESTON YOUTH AUTHORITY, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration of a prior decision filed August 16, 2011. The Board found it necessary to grant reconsideration to allow further study of the factual and legal issues. This action is intended to ensure a complete understanding of the record and enable a just decision. Pending the Decision After Reconsideration, all communications should be directed to the Board's Office of the Commissioners.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionDecision After ReconsiderationOffice of the CommissionersPreston Youth AuthorityState Compensation Insurance Fund

References

Case No. ADJ2425610 (STK 0180003), ADJ3704258 (STK 0181637), ADJ6883666

Regular

Aug 27, 2012

STATE ADAMS vs. STATE OF CALIFORNIA, CALIFORNIA YOUTH AUTHORITY, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board affirmed prior findings awarding applicant cumulative industrial injuries to his circulatory and respiratory systems, and subsequent psychiatric injury. Applicant sought to reopen a stipulation for a 5% non-industrial apportionment based on a claimed change in law or mutual mistake of fact regarding Labor Code section 4663(e). The Board found no good cause to reopen, as section 4663(e) was declaratory of existing law and the defendant did not share applicant's asserted mistake. Therefore, the previous awards and stipulations, including the apportionment, remain valid.

Workers' Compensation Appeals BoardPetition for ReconsiderationSupplemental Findings and AwardCorrectional Youth CounselorCumulative Industrial InjuryCirculatory SystemRespiratory SystemPsychiatric InjuryPetition to ReopenNew and Further Disability

References

Case No. ADJ2444225 (GRO 0016225) ADJ811699 (GRO 0016226) ADJ4137711 (GRO 0016352)

Regular

Aug 04, 2009

DWIGHT SMITH vs. STATE OF CALIFORNIA, CALIFORNIA YOUTH AUTHORITY, legally uninsured, STATE COMPENSATION INSURANCE FUND, STATE CONTRACT SERVICES, adjusting agency

This case involves a California Supreme Court decision that reversed an award of attorney's fees to the applicant's counsel. The Court found that Labor Code section 4607 did not authorize such fees, overturning previous decisions by the WCJ and the Appeals Board. Consequently, the Appeals Board reinstated its original order denying reconsideration and attorney's fees.

Workers' Compensation Appeals BoardRemittiturAttorney's feesLabor Code section 4607ReconsiderationDenying ReconsiderationCalifornia Supreme CourtCourt of AppealLegally uninsuredAdjusting agency

References

Case No. ADJ6921831, ADJ9093989

Regular

May 02, 2016

KISCHA LOVING vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION VENTURA YOUTH CORRECTIONAL FACILITY, STATE COMPENSATION INSURANCE FUND

This order denies Kischa Loving's petition for reconsideration in two workers' compensation cases against the California Department of Corrections and Rehabilitation. The Workers' Compensation Appeals Board adopted the reasoning of the administrative law judge's report. No new evidence or arguments were presented to warrant overturning the original decision. Therefore, the petition for reconsideration was denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportCalifornia Department of Corrections and RehabilitationVentura Youth Correctional FacilityState Compensation Insurance Fundadministrative law judgedenial of reconsiderationADJ6921831ADJ9093989

References

Case No. ADJ8181938; ADJ8702275

Regular

Apr 10, 2023

KAREN MILLER vs. STATE OF CALIFORNIA, VENTURA YOUTH CORRECTIONAL FACILITY, STATE COMPENSATION INSURANCE FUND, STATE CONTRACT SERVICES

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The defendant argued against the statutory 15% increase, the method of evaluating spine impairment, and the inclusion of a sleep disorder. The Board adopted the WCJ's report, finding no error in the application of the 15% increase or the evaluation of the spine impairment using the ROM method as deemed appropriate by the agreed medical examiner. Furthermore, the Board upheld the finding of an industrially caused sleep disorder, noting that formal sleep studies are not always required for diagnosis and that the physician's rating falls within the AMA Guides.

WCABPetition for ReconsiderationDeniedVentura Youth Correctional FacilityAdjudication NumbersOccupational Group 214Cervical SpineLumbar SpineBilateral ShouldersGastrointestinal System

References

Case No. ADJ2192153 (OXN 0130828) ADJ710643 (VEN 0118981)

Regular

Jan 21, 2011

Shelley Moran vs. DEPARTMENT OF YOUTH AUTHORITY, Legally Uninsured STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration, upholding its prior decision that the Department of Youth Authority failed to meet its burden of proof for apportionment. The defendant argued the WCJ's decision regarding overlapping disabilities should have been given greater weight, but the Board found the defendant did not establish sufficient evidence of overlap. Based on *Kopping v. Workers' Comp. Appeals Bd.*, the Board affirmed that the defendant retains the burden to prove both the existence of a prior award and the extent of overlap. Therefore, the applicant is entitled to an unapportioned award of 100% permanent disability.

Workers' Compensation Appeals BoardPermanent DisabilityReconsiderationLabor Code section 4664ApportionmentOverlapCumulative TraumaBurden of ProofMedical RecordWCJ

References

Case No. ADJ8448254, ADJ8448256

Regular

Feb 18, 2014

MARTIZA PENALOZA vs. CITY OF HOPE, ADMINSURE

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration of an Order Approving a Compromise and Release Agreement. The applicant sought to set aside the settlement, claiming the $\$25,000$ was inadequate and she was misled about her options. The Board found no evidence of mistake, fraud, duress, or undue influence, noting the applicant's own initials on the agreement and her failure to exercise due diligence in understanding the settlement terms or her options. The Board concluded the settlement amount was reasonable given the Agreed Medical Examiner's findings and the applicant's occupation and age.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Approving Compromise and ReleaseAgreed Medical ExaminerPost-termination claimCumulative traumaPsyche claimDuressUndue influenceMutual mistake

References

Case No. ADJ1974548

Regular

Mar 28, 2011

CHARLES ABERNATHY vs. WHITWOOD BAPTIST CHURCH, FARMERS WESTLAKE VILLAGE

The Workers' Compensation Appeals Board granted reconsideration, affirming the administrative law judge's finding of total permanent disability for applicant's 1981 industrial injury. The Board upheld most of the original award, including compensation for household services, medical care costs, and a significant penalty for unreasonable delays in payments. However, the Board reversed two specific sanctions previously imposed against the defendant for bad faith related to the format of nurse's notes and caregiver staff meetings.

Workers' Compensation Appeals BoardAssistant Youth CounselorIndustrial InjurySpine InjuryTotally Permanently DisabledGardener MaintenanceSpouse ServicesHome Health Care ProvidersStaff MeetingsSelf-Procured Expenses

References

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Updated Daily

Case Law Database

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

Case No. ADJ8991440

Regular

ELSA CERVANTES vs. OPTIONS FOR YOUTH, FIREMAN'S INSURANCE COMPANY FOR AMERICAN INSURANCE COMPANY

References

Case No. OAK 294681

Regular

Nov 14, 2007

SCOTT SIMPSON vs. GEO OPTIONS, INC., EARTFORD INSURANCE COMPANY

References

Case No. ADJ2425610 (STK 0180003)

Regular

Oct 26, 2011

STEVE ADAMS vs. PRESTON YOUTH AUTHORITY, STATE COMPENSATION INSURANCE FUND

References

Case No. ADJ2425610 (STK 0180003), ADJ3704258 (STK 0181637), ADJ6883666

Regular

Aug 27, 2012

STATE ADAMS vs. STATE OF CALIFORNIA, CALIFORNIA YOUTH AUTHORITY, STATE COMPENSATION INSURANCE FUND

References

Case No. ADJ2444225 (GRO 0016225) ADJ811699 (GRO 0016226) ADJ4137711 (GRO 0016352)

Regular

Aug 04, 2009

DWIGHT SMITH vs. STATE OF CALIFORNIA, CALIFORNIA YOUTH AUTHORITY, legally uninsured, STATE COMPENSATION INSURANCE FUND, STATE CONTRACT SERVICES, adjusting agency

Workers' Compensation Appeals BoardRemittiturAttorney's feesLabor Code section 4607ReconsiderationDenying ReconsiderationCalifornia Supreme CourtCourt of AppealLegally uninsuredAdjusting agency

References

Case No. ADJ6921831, ADJ9093989

Regular

May 02, 2016

KISCHA LOVING vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION VENTURA YOUTH CORRECTIONAL FACILITY, STATE COMPENSATION INSURANCE FUND

References

Case No. ADJ8181938; ADJ8702275

Regular

Apr 10, 2023

KAREN MILLER vs. STATE OF CALIFORNIA, VENTURA YOUTH CORRECTIONAL FACILITY, STATE COMPENSATION INSURANCE FUND, STATE CONTRACT SERVICES

WCABPetition for ReconsiderationDeniedVentura Youth Correctional FacilityAdjudication NumbersOccupational Group 214Cervical SpineLumbar SpineBilateral ShouldersGastrointestinal System

References

Case No. ADJ2192153 (OXN 0130828) ADJ710643 (VEN 0118981)

Regular

Jan 21, 2011

Shelley Moran vs. DEPARTMENT OF YOUTH AUTHORITY, Legally Uninsured STATE COMPENSATION INSURANCE FUND

Workers' Compensation Appeals BoardPermanent DisabilityReconsiderationLabor Code section 4664ApportionmentOverlapCumulative TraumaBurden of ProofMedical RecordWCJ

References

Case No. ADJ8448254, ADJ8448256

Regular

Feb 18, 2014

MARTIZA PENALOZA vs. CITY OF HOPE, ADMINSURE

References

Case No. ADJ1974548

Regular

Mar 28, 2011

CHARLES ABERNATHY vs. WHITWOOD BAPTIST CHURCH, FARMERS WESTLAKE VILLAGE

References

Showing 1-10 of 52 results

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