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

Case No. ADJ11147927
Regular
Oct 23, 2020

RAY SLAUGHTER vs. WALSH SHEA CORRIDOR CONSTRUCTORS, ESIS

The Workers' Compensation Appeals Board denied reconsideration of a decision that halted permanent disability (PD) advances. The applicant argued for continued advances due to ongoing temporary total disability and a lack of a definitive PD estimate, despite exhausting temporary disability benefits. The Board found no legal basis to order further PD advances and stated the applicant could conduct further discovery and present new evidence on the issue. The applicant failed to meet his burden of proof for continuing these advances.

Workers' Compensation Appeals BoardPermanent Disability AdvancesTemporary DisabilityPetition for ReconsiderationWCJ reportAdditional EvidenceLabor CodePermanent Disability IndemnityMedical OpinionPost-Surgical Condition
References
Case No. ADJ1819973 (AHM 0131097)
Regular
Jul 21, 2009

APOLINAR J. OVALLE vs. SHAW DIVERSIFIED SERVICES, INC., ZURICH AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the defendant improperly calculated permanent disability advances under a Compromise and Release (C&R). The Board determined the applicant is owed the remaining $3,910.00 balance from the C&R, plus interest. Furthermore, the defendant's delay in payment was deemed unreasonable, warranting a 10% Labor Code section 5814 penalty and a statutory attorney's fee for enforcing the award.

Compromise and ReleasePetition for ReconsiderationPermanent Disability IndemnityLabor Code section 5814Labor Code section 5814.5WCJOrder Approving Compromise and ReleasePD advancesAddendum AAmbiguity
References
Case No. ADJ13556297
Regular
Jun 06, 2025

BRIAN SPALDING vs. ELITE SHEET METAL AND DRAIN GUTTERS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board considered the Petition for Reconsideration filed by State Compensation Insurance Fund (SCIF) concerning a Compromise and Release (C&R) agreement. SCIF argued they forgot to take credit for permanent disability advances and sought to set aside the order approving the C&R. The WCAB adopted the Workers' Compensation Administrative Law Judge's (WCJ) report, which found no good cause, such as fraud or mutual mistake, to set aside the agreement, stating a unilateral mistake is insufficient. The Appeals Board timely acted on the petition within 60 days as mandated by Labor Code section 5909. Consequently, the Petition for Reconsideration is denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationLabor Code section 5909Electronic Adjudication Management SystemTransmission of CaseReport and RecommendationCompromise and ReleasePermanent Disability IndemnityPD advancesUnilateral Mistake
References
Case No. SAC 0359940
Regular
Aug 08, 2008

JENNIFER BLANAS vs. COUNTY OF SACRAMENTO, AIMS

This case affirmed an award of Labor Code section 4850 benefits to a deputy sheriff for an industrial neck injury. The Appeals Board held that section 4850 benefits are distinct from temporary disability benefits, and the applicant was entitled to claim them after receiving temporary disability indemnity. The court also ruled that the defendant employer was entitled to credit retirement advances against the section 4850 benefits.

Workers' Compensation Appeals BoardDeputy SheriffIndustrial InjuryNeck InjuryTemporary Disability IndemnityPermanent Disability AdvancesSection 4850 BenefitsSection 4850.3Retirement AdvancesSection 4458.2
References
Case No. AHM 96265
Regular
Jul 21, 2008

PHIL ULLOA vs. COUNTY OF LOS ANGELES FIRE DEPARTMENT, INTERCARE INSURANCE SERVICES

The defendant sought reconsideration of a Stipulated Findings and Award, arguing for credit of overpaid indemnity benefits. The Workers' Compensation Appeals Board dismissed the petition, finding the defendant was not aggrieved as the award already included provisions for asserting credit for permanent disability advances and TTD overpayments. The Board adopted the WCJ's report, which concluded the existing stipulations and award authorized the claimed credit.

Petition for ReconsiderationStipulated Findings and AwardPermanent DisabilityTemporary Total Disability OverpaymentCredit for AdvancesWCJ ReportAggrieved PartyWorkers' Compensation Appeals BoardIndustrial InjurySupervisor Fire Dispatcher
References
Case No. FRE 0233278
Regular
Dec 31, 2007

DELIA G. WILSON vs. BEEF PACKERS, INC, ZURICH INSURANCE

The Appeals Board granted reconsideration to address penalties and attorney's fees awarded by the WCJ. While affirming the WCJ's decision that the defendant could not deduct permanent disability advances made before April 8, 2006, the Board reversed the penalties and attorney's fees. The Board found that ambiguities in the Compromise and Release agreement regarding deductions created reasonable doubt, thus precluding penalties for delayed payment.

Workers' Compensation Appeals BoardDelia G. WilsonBeef PackersInc.Zurich InsuranceGallagher Bassett ServicesInc.Compromise and ReleaseOrder Approving Compromise and ReleasePermanent Disability Advances
References
Case No. ADJ7736993, ADJ8633868
Regular
Jul 29, 2016

HUGO IBARRA vs. COSTCO WHOLESALE CORPORATION

The Workers' Compensation Appeals Board denied the applicant's Petition for Reconsideration of the Joint Findings and Award. The applicant's argument focused on alleged errors in the WCJ's Opinion on Decision regarding advances, not the Findings and Award itself. The Board clarified that reconsideration is only available for final orders determining substantive rights or liabilities. Since the Findings and Award did not address advances or offsets, and no final order on that issue exists, the petition was denied. Any dispute regarding advances must first be litigated at the trial level.

Workers' Compensation Appeals BoardPetition for ReconsiderationJoint Findings and AwardPermanent DisabilityDisability IndemnityAttorney's FeesOpinion on DecisionAdvancesOffsetsTrial Level
References
Case No. ADJ2747954 (LAO 0820830) ADJ1942372 (LAO 0822123) ADJ2627431 (LAO 0820831)
Regular
Aug 15, 2016

ROSARIO GUTIERREZ vs. ADVANCE PAPER BOX, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

The Workers' Compensation Appeals Board (WCAB) has dismissed a petition for reconsideration in the case of Rosario Gutierrez versus Advance Paper Box and its insurer, the California Insurance Guarantee Association. The dismissal is due to the petitioner voluntarily withdrawing their request for reconsideration of the June 3, 2016 decision. This administrative order formally closes the reconsideration process as requested.

Petition for ReconsiderationDismissedWithdrawnWorkers' Compensation Appeals BoardAdvance Paper BoxCalifornia Insurance Guarantee AssociationSedgwickUS Fidelity & GuaranteeLiquidationCase Numbers
References
Case No. ADJ9942080 ADJ10381122 ADJ10260028
Regular
Apr 07, 2017

MARIO PADILLA vs. RIO FARMS, LLC, NATIONAL UNION FIRE INS. CO.

The Workers' Compensation Appeals Board granted reconsideration to address whether the defendant was entitled to a credit for $11,020 in permanent disability advances. The applicant argued against the credit, citing that the Compromise and Release explicitly stated "0.00" permanent disability indemnity paid and did not include any deductions for such advances. The Board found the defendant's interpretation of the addendum ambiguous and against the explicit language of the settlement agreement. Therefore, the Board amended the award to permit credit only for permanent disability advances made *after* the date of the Compromise and Release.

Permanent disability advancesCompromise and ReleasePetition for ReconsiderationJoint Findings and Awardcreditaddendumsettlement negotiationscontract interpretationmutual intentionWCJ
References
Case No. ADJ7111686
Regular
Apr 14, 2010

DANIEL AVENDANO, JR. vs. RAYDON, INC., ENDURANCE INS. CO., FIRSTCOMP.

The defendant sought reconsideration of an approved Compromise and Release agreement, arguing the WCJ erred by not allowing a credit for permanent disability advances due to mutual mistake. The agreement settled the applicant's industrial injuries for $\$12,797.50$. However, the Compromise and Release form contained an ambiguous clause regarding permanent disability advances, with blanks left unfilled by the defendant. Because the defendant drafted the agreement and the applicant was unrepresented, any ambiguity is construed against the defendant. Therefore, the petition for reconsideration was denied, and the defendant is not entitled to a credit for permanent disability advances.

Permanent disability advancesCompromise and ReleaseMutual mistake of factWCABLabor Code section 5003AmbiguityUnrepresented applicantContract interpretationCreditIndustrial injury
References
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