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Case Law Database

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

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. 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. 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. 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. 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
Case No. ADJ1639321 (SDO 0277670) ADJ933626 (SDO 0277671)
Regular
Jan 21, 2014

SOOK JA DAVIS vs. KAISER FOUNDATION HOSPITALS

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The applicant sought to overturn the judge's decision to allow credits for temporary disability indemnity (TDI) paid after the Agreed Medical Examiner (AME) determined the applicant was permanent and stationary. The Board adopted the judge's report, finding that the AME's report, even with a delay in signing, provided substantial medical evidence of the applicant's P&S status on the examination dates. The credits were deemed permissible under Labor Code § 4909 as they were not disruptive to the applicant's benefits.

Workers' Compensation Appeals BoardPetition for ReconsiderationTemporary Disability IndemnityAgreed Medical ExaminerPermanent and StationaryMedical-Legal EvaluationLabor Code § 4909Credit for OverpaymentJoint Findings Award and OrdersSubstantial Medical Evidence
References
Case No. ADJ2053200 (SFO 0448615)
Regular
Oct 04, 2010

ALLAN LAU vs. MARRIOTT INTERNATIONAL RITZ-CARLTON SAN FRANCISCO

The Appeals Board reversed the WCJ's decision, finding that the applicant's condition became permanent and stationary (P&S) on February 17, 2009, as reported by Dr. Tse. Despite recommendations for further conservative treatment and the applicant's eventual decision to undergo knee replacement surgery, the Board found no medical evidence of temporary disability after February 17, 2009. They concluded the WCJ erred in awarding temporary disability between February 17, 2009, and October 6, 2009, and again from November 30, 2009, granting the defendant's petition to terminate temporary disability as of February 17, 2009.

Permanent and Stationary (P&S)Temporary Total Disability (TTD)ReconsiderationFindings and OrderPetition to Terminate LiabilityMedical EvidenceViscosupplementationKnee Replacement SurgeryIndustrial InjuryTreating Physician
References
Case No. ADJ11233967
Regular
Feb 07, 2019

DANIEL AIKIN vs. COUNTY OF ORANGE SHERIFF'S DEPARTMENT

The defendant, County of Orange Sheriff's Department, sought reconsideration of an award granting full salary in lieu of temporary disability benefits to a supervising deputy coroner, Daniel Aikin, for a knee injury. The department argued Aikin's position is not explicitly listed in Labor Code section 4850 and his duties do not clearly constitute active law enforcement. However, the Appeals Board affirmed the award, finding that Aikin, as a sworn peace officer with P.O.S.T. certification, engages in hazardous duties at crime scenes, carries law enforcement emblems, and has performed arrests, thus his functions fall within the scope of active law enforcement service. Therefore, the petition for reconsideration was denied.

Labor Code section 4850Supervising Deputy CoronerActive Law EnforcementSworn Peace OfficerP.O.S.T. CertificationCumulative Trauma InjuryLeft KneeTemporary DisabilitySalary ContinuationPetition for Reconsideration
References
Case No. ADJ9076626
Regular
Jul 17, 2015

CIPRIANO NIETO ROJAS vs. METALS, U.S.A., INC.; ACE U.S.A., Administered by GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration of a prior decision. This was done to allow the Board further opportunity to study the factual and legal issues presented. All future filings related to the petition for reconsideration must be submitted directly to the WCAB's Office of the Commissioners, not district offices or e-filed. This order ensures a thorough review for a just decision, and prohibits WCJs from acting on settlements while reconsideration is pending.

Petition for ReconsiderationWorkers' Compensation Appeals BoardADJ9076626Metals U.S.A. Inc.Ace U.S.A.Gallagher Bassett Services Inc.Opinion and OrderStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned Decision
References
Case No. ADJ9389953
Regular
Mar 08, 2019

IGNACIO BARRON vs. PAK’S CABINETS, SOUTHERN INSURANCE

The Workers' Compensation Appeals Board granted reconsideration and amended its prior decision regarding Ignacio Barron's claim against Pak's Cabinets. The amended decision affirmed the original award of permanent disability at 40%, payable at $230.00 per week for 201 weeks, totaling $46,230.00, less attorney fees. Crucially, the amendment acknowledged that the Employment Development Department paid unemployment benefits during the period of indemnity and allowed a lien for overlapping payments, to be determined by a workers' compensation judge.

Petition for ReconsiderationWCJ reportAMENDED decisiontemporary disability indemnitypermanent disability indemnityEmployment Development Departmentunemployment compensation disability benefitsoverlapping paymentslien claimaward
References
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