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

Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ7373420
Regular
Oct 21, 2014

JAIME TORRES TAVERA vs. T AND P FARMS, ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) has granted the defendant's Petition for Reconsideration in the case of Jaime Torres Tavera v. T And P Farms; Zenith Insurance Company. This decision was made due to statutory time constraints and an initial review suggesting further study of the factual and legal issues is necessary. The WCAB aims to thoroughly understand the record to issue a just and reasoned decision after reconsideration. All future communications related to this case must be filed in writing with the WCAB Commissioners' office, not any district office or via e-filing.

Petition for ReconsiderationWorkers' Compensation Appeals BoardT and P FarmsZenith Insurance CompanyAugust 62014statutory time constraintsfactual issueslegal issuesjust and reasoned decision
References
Case No. ADJ564696
Regular
Mar 01, 2010

JESSE MILES (Deceased) vs. CALIFORNIA STATE DEPARTMENT OF CORRECTIONS, SCIF STATE EMPLOYEES COMMERCE

The Appeals Board denied the applicant's petition for reconsideration, which sought to retroactively change the permanent and stationary (P&S) date from October 16, 2006, to March 25, 2003, based on an industrial orthopedic injury. The Board affirmed the prior finding that the P&S date was October 16, 2006, as stipulated by the parties, and that the applicant was adequately compensated for temporary disability. While the applicant died before the reconsideration, Labor Code section 4700 does not mandate changing the P&S date for accrued benefits. Therefore, the Board found no good cause to disturb the stipulation regarding the P&S date.

Workers Compensation Appeals BoardJesse MilesCalifornia State Department of CorrectionsSCIF State Employees CommerceOpinion and Order Denying Petition for ReconsiderationPermanent Disability AwardPulmonary EmbolismNon-IndustrialPermanent and Stationary (P&S) DateIndustrial Orthopedic Injury
References
Case No. ADJ8641626
Regular
Oct 06, 2014

SYLVIA ESPINOZA vs. SALINAS VALLEY MEMORIAL HEALTHCARE

This case concerns whether an employer's offer of work triggers a decrease in permanent disability benefits. The applicant initially became permanent and stationary (P&S) in November 2012, and the employer made a timely offer of regular work. However, the applicant's condition later worsened, and she was declared P&S again in July 2013 with new restrictions. The Appeals Board found that while the applicant did not qualify for an increase in benefits, the employer could not rely on the prior offer for a decrease because her condition and restrictions had significantly changed. Therefore, no adjustment to the permanent disability rate was applied.

Workers' Compensation Appeals BoardSylvia EspinozaSalinas Valley Memorial HealthcareAcclamation Insurance Management ServicesPermanent and Stationary (P&S) reportLabor Code section 4658(d)(3)(A)Agreed Medical Examiner (AME)Robert SteinerM.D.permanent disability rate
References
Case No. FRE 214256
Regular
Aug 17, 2007

DARLENE MURILLO vs. COUNTY OF FRESNO

This case concerns whether the 1997 or 2005 Permanent Disability Rating Schedule applies to an applicant's foot injuries sustained while employed by the County of Fresno. The defendant sought reconsideration of the WCJ's decision to apply the 1997 Schedule, arguing a pre-2005 medical report did not establish permanent disability. The Appeals Board granted reconsideration, rescinded the prior award, and remanded the case for a new decision using the 2005 Schedule.

Workers' Compensation Appeals BoardCounty of FresnoDarlene MurilloFindings and AwardPermanent Disability1997 Schedule2005 ScheduleLabor Code section 4660(d)Qualified Medical EvaluatorMichael A. DiGiacomo
References
Case No. ADJ739750 (FRE 0217695) ADJ3422922 (FRE 0217696) ADJ4620151 (FRE 0217213)
Regular
Sep 23, 2010

JERRY P. WILLIAMS vs. GOLDEN STATE VINTNERS and STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) initially issued a Notice of Intention to Impose Sanctions against State Compensation Insurance Fund (SCIF) for failing to provide a computer printout of benefits. SCIF objected, asserting the printout was available at a prior Mandatory Settlement Conference (MSC) with a former attorney. Although the printout was not explicitly mentioned in the MSC pre-trial statement or offered at trial, the WCAB accepted SCIF's representation of its availability. Consequently, finding no willful failure to comply with a regulatory obligation, the WCAB dismissed the Notice of Intention to Impose Sanctions.

Workers' Compensation Appeals BoardNotice of Intention To Impose SanctionsWCAB Rule 10607computer printout of benefitsMandatory Settlement Conference (MSC)Declaration of Desiree A. Mercadopre-trial conference statementproposed exhibitsEAMSwillful failure to comply
References
Case No. ADJ4086603 (LAO 0829698) ADJ4469358 (LAO 0829699)
Regular
May 01, 2009

ADA ROZENBLAT vs. CEDARS SINAI HEALTH SYSTEM

This Workers' Compensation Appeals Board notice addresses a dispute over attorney's fees and costs awarded as sanctions. The defense seeks $800.50 for opposing a petition for reconsideration, while applicant's counsel, Daniel Escamilla, concedes only $540.00. The Board finds $800.50 reasonable and proposes to award this amount to defense counsel, Pearlman, Borska & Wax, L.L.P. This award is separate from any other sanctions payable to the General Fund.

WORKERS' COMPENSATION APPEALS BOARDADA ROZENBLATCEDARS SINAI HEALTH SYSTEMADJ4086603ADJ4469358ATTORNEY'S FEESCOSTSSANCTIONSLABOR CODE § 5813PETITION FOR RECONSIDERATION
References
Case No. OAK 313422
Regular
Mar 11, 2008

JOHN SILVA vs. BMD PLUMBING, INC., STATE FARM

The Appeals Board granted reconsideration to clarify the applicability of the 2005 Permanent Disability Rating Schedule. The Board affirmed its prior decision rescinding the original award and remanding for new findings using the 2005 schedule, concluding that no report pre-dating 2005 indicated the existence of permanent disability. This ruling aligns with recent appellate court decisions holding that specific P&S statements are not required if a report indicates permanent disability.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardPermanent DisabilityPDRSVera v. Workers' Comp. Appeals Bd.Genlyte Group v. Workers' Comp. Appeals Bd.Zenith Insurance Co. v. Workers' Comp. Appeals Bd.Labor Code Section 4660(d)Medical-Legal Report
References
Case No. ADJ6786389
Regular
Aug 14, 2013

LORENZO CASTILLO vs. Controlled Health Management Inc FRONTLINE MEDICAL ASSOCIATES STATE COMPENSATION INSURANCE FUND

This Workers' Compensation Appeals Board case involves a Petition for Reconsideration filed by Controlled Health Management, Inc. for lien claimant Frontline Medical Associates. Frontline's lien was dismissed for failure to pay the lien activation fee. The Board denied the petition, finding that Frontline was properly served with notice of the hearing despite claims of mail delivery issues. The Petitioner's contention that they did not receive notice due to a missing P.O. Box number was also rejected.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ClaimOrder Dismissing Lien ClaimLien Activation FeeCompromise and ReleaseProof of ServiceDeclarationNotice of HearingService Address
References
Case No. SRO 0132302 SRO 0137260 SRO 0137261
Regular
Apr 25, 2008

ROMAN BELTRAN vs. PIEDMONT LUMBER & MILL COMPANY, STATE COMPENSATION INSURANCE FUND

This case concerns the application of Labor Code section 4658(d) to an injury occurring on May 10, 2004, after Senate Bill 899's enactment. The Appeals Board affirmed the WCJ's finding that because the employer did not offer a return-to-work plan for at least 12 months, the permanent disability indemnity payable from 60 days after the P&S date must be increased by 15%. This ruling clarifies that SB 899's provisions apply prospectively from its enactment date to injuries not specifically excluded by the legislation.

Labor Code section 4658(d)SB 899permanent disability awardpermanent and stationary datereturn to workjob offerweekly conversion schedulemedical-legal reporttreating physician's reporttemporary disability indemnity
References
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