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Case Law Database

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

Case No. GRO 0032261
Regular
Jul 16, 2008

RAYMUNDO ARREOLA vs. JLG HARVESTING, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) reconsidered a decision that denied injury to the applicant's left arm and hand, awarding 33% permanent disability. The WCAB affirmed the original decision regarding the injury and disability rating, noting that the 2005 Permanent Disability Rating Schedule was deemed valid in prior en banc decisions. However, the WCAB amended the award of costs for applicant's expert witness, increasing reimbursement for report preparation and testimony preparation, while reducing the hourly rate for travel time, resulting in a total award of $1,625.00. Finally, the WCAB corrected a technical heading error in the original decision to accurately reflect the Appeals Board's authority.

Workers' Compensation Appeals BoardReconsiderationPermanent Disability Rating Schedule (PDRS)Diminished Future Earning Capacity (DFEC)Expert Witness TestimonyReimbursement of CostsWCJ DecisionEn Banc DecisionApportionmentLaborer
References
5
Case No. ADJ7594334
Regular
Dec 28, 2012

JOSEPHINE PARKER vs. HENRY MAYO NEWHALL MEMORIAL HOSPITAL, THE HARTFORD

In this case, the Workers' Compensation Appeals Board granted reconsideration of a previous decision. The Board rescinded the original decision and returned the matter to the trial level for further proceedings. This action was taken following the parties' filing of Stipulations with Request for Award on December 11, 2012. The decision emphasizes that if the settlement is not approved by the judge, the original decision may be reinstated.

Workers' Compensation Appeals BoardStipulations with Request for AwardReconsiderationRescinded DecisionTrial LevelAdministrative Law JudgePetition for ReconsiderationDecision After ReconsiderationFurther ProceedingsJosephine Parker
References
0
Case No. ADJ4444900 (GOL 0088920)
Regular
Dec 22, 2020

JACQUELIN NORTON vs. PRICE, POSTEL & PARMA, LLP, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for HIH INSURANCE COMPANY in liquidation

The Workers' Compensation Appeals Board (WCAB) is returning the case of Jacquelin Norton v. Price, Postel & Parma, LLP to the trial level. This action is to allow the judge to review a proposed settlement reached by the parties. The original decision is rescinded, and if the settlement is not approved, the original decision can be reinstated. This decision is not a final determination on the merits.

ReconsiderationRescinded DecisionReturned to Trial LevelProposed SettlementWorkers' Compensation Appeals BoardWCJFindings of Fact and AwardLiquidationInsurance Guarantee AssociationCC&R 10961
References
0
Case No. ADJ6641822
Regular
Aug 30, 2018

ROBERT PELAYO vs. QUALITY CARRIER, INC., STATE COMPENSATION INSURANCE FUND CMS MONTEREY PARK

The Workers' Compensation Appeals Board granted reconsideration of a prior decision in the case of Robert Pelayo v. Quality Carrier, Inc. Subsequently, the parties reached a settlement. The Board rescinded its original decision and returned the matter to the trial level for the Workers' Compensation Administrative Law Judge to review the settlement. If the settlement is not approved, the original decision can be reinstated.

ADJ6641822Pelayo v. Quality CarrierInc.Workers' Compensation Appeals BoardReconsideration grantedSettlement reviewTrial level returnRescinded decisionAdministrative Law JudgeFindings of Fact
References
0
Case No. ADJ13604184
Regular
Aug 21, 2025

JOSE MARTINEZ vs. TAYLOR FRESH FOODS, ZURICH NORTH AMERICA

While this matter was pending reconsideration, the parties reached a proposed settlement. To allow the workers' compensation administrative law judge (WCJ) to review the settlement, the Appeals Board has rescinded the original decision. The case is returned to the trial level for the WCJ to consider the proposed settlement. This is not a final decision on the merits; if the settlement is not approved, the WCJ may reinstate the original decision, from which further reconsideration can be sought.

Workers' Compensation Appeals BoardReconsiderationSettlementRescindedReturned to Trial LevelWCJAdministrative Law JudgeProposed SettlementFurther ProceedingsDecision After Reconsideration
References
1
Case No. ADJ11414789
Regular
Oct 02, 2020

MARK FREITAS vs. MC CAFFREY CONSTRUCTION &FRAMING INC., REDWOOD FIRE AND CASUALTY INSURANCE CO.

The Workers' Compensation Appeals Board (WCAB) rescinded its prior decision in *Freitas v. McCaffrey Construction* due to a proposed settlement reached by the parties while the case was pending reconsideration. The matter has been returned to the trial level for the Workers' Compensation Judge (WCJ) to review the settlement. If the WCJ approves the settlement, the case will proceed accordingly; otherwise, the original decision may be reinstated. This order does not constitute a final decision on the merits of the issues originally under reconsideration.

Workers' Compensation Appeals BoardMark FreitasMcCaffrey Construction & Framing Inc.Redwood Fire and Casualty Insurance Co.Berkshire Hathaway Homestate CompaniesADJ11414789Sacramento District OfficeOpinion and Decision After ReconsiderationProposed SettlementRescinded Decision
References
0
Case No. ADJ976256 (VNO 0481345) ADJ363311 (VNO 0481346)
Regular
Jun 15, 2009

MARYALICE MERRITT vs. UNICO AMERICAN CORPORATION, EXPLORER INSURANCE COMPANY, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to address the defendant's challenges to the original decision. The Board rescinded the original decision, finding a need for further development of the record regarding apportionment. Specifically, the Board requires clarification from Dr. Konstat on whether the applicant sustained both a specific injury and a cumulative injury, and if so, how apportionment applies per *Benson v. Workers' Comp. Appeals Bd.* The case is remanded for further proceedings and a new decision addressing all of the defendant's contentions.

Workers' Compensation Appeals BoardReconsiderationSupplemental ReportSpecific InjuryCumulative TraumaApportionmentLabor Code Sections 46634664Permanent DisabilitySubstantial Evidence
References
1
Case No. SFO 0481391, SFO 0489565
Regular
Jun 18, 2008

LEANNA LEE vs. SOURCECORP, INC., ST. PAUL TRAVELERS/TRAVELERS PROPERTY CASUALTY CO. OF AMERICA

This case returns to the trial level for further proceedings and a new decision after the Appeals Board found the original decision inconsistent with recent case law regarding the combination of separate injuries. The Board rescinded the previous award, highlighting the need to re-evaluate permanent disability based on current apportionment principles and to address the issue of overlap in the applicant's disabilities. The original decision also failed to address specific claims like copy service charges, which the WCJ must now consider.

Workers' Compensation Appeals BoardReconsiderationFindings Award OrderIndustrial InjuryCumulative TraumaTemporary Disability IndemnityPermanent DisabilityApportionmentLabor Code section 4664Labor Code section 4663
References
10
Case No. ADJ8720882
Regular
May 29, 2014

Marcia Machado vs. Crown Plaza Hotel, Employer's Compensation Insurance Fund

The Workers' Compensation Appeals Board granted reconsideration of a prior decision due to a settlement notification from the defendant. The Board rescinded the original March 25, 2014 decision and returned the case to the trial level. This allows a Workers' Compensation Judge to review and approve the settlement. If the settlement is not approved, the original decision can be reinstated.

WORKERS' COMPENSATION APPEALS BOARDMARCIA MACHADOCROWN PLAZA HOTELEMPLOYER'S COMPENSATION INSURANCE FUNDADJ8720882Oxnard District OfficeOPINION AND ORDER GRANTING RECONSIDERATIONDECISION AFTER RECONSIDERATIONPetition for ReconsiderationRESCINDED
References
0
Case No. ADJ10387780
Regular
Mar 05, 2019

ANGELA CONTRERAS vs. CENTRAL CALIFORNIA CHILD DEVELOPMENT SERVICES, CYPRESS INSURANCE COMPANY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES/STAR INSURANCE COMPANY, ILLINOIS MIDWEST INSURANCE AGENCY

The Workers' Compensation Appeals Board granted reconsideration, rescinded the original decision, and returned the case to the WCJ for further proceedings. The original decision denied the applicant's claim for bilateral knee injury AOE/COE. This decision was based on conflicting medical opinions from Dr. Achackzad regarding whether the applicant's current knee symptoms were due to a prior specific injury or subsequent cumulative trauma. The Board found Dr. Achackzad's testimony lacked substantial evidence due to inconsistencies and ordered the record to be further developed.

Cumulative traumaAOE/COEQualified medical examiner (QME)Medical opinionSubstantial evidenceFindings of FactOrder (F&O)Petition for ReconsiderationCompromise and ReleaseSpecific injury
References
4
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