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Case Law Database

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

Case No. ADJ4126995 (AHM 0136454)

Regular

Jan 29, 2010

MOHAMMED TADAIE vs. FARWEST INSULATION CONTRACTING, ZURICH NORTH AMERICA

This case concerns an applicant who sustained industrial injuries to his right knee, back, and neck. The defendant sought reconsideration of a prior award, primarily disputing the calculation of permanent disability advances (PDAs) and attorney fees. The Appeals Board granted reconsideration to address the attorney fees, deferring that issue for further proceedings. However, the Board affirmed the original finding of 15% permanent disability and the credit for $2,090.00 in overpaid PDAs, as the defendant failed to establish good cause to overturn the prior stipulation on PDA amounts or present newly discovered evidence.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardIndustrial InjuryRight KneeBackNeckPermanent DisabilityPermanent Disability Advances (PDAs)Credit

References

Case No. ADJ7301844, ADJ7301845

Regular

Sep 15, 2017

SONIA WASHINGTON vs. DEPARTMENT OF SOCIAL SERVICES IHSS, YORK RISK SERVICES

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the WCJ's decision to deny the defendant credit for an undisclosed $16,879.75 permanent disability advance (PDA). The Board found the stipulation agreement, which stated "less credit for such payments previously made," was ambiguous regarding the amount of PDAs to be credited. Crucially, the defendant's counsel had represented to the applicant that only $2,343.00 in PDAs had been paid at the time of the stipulation, and the Board determined the parties intended to settle based on this known amount. Therefore, the defendant was held to its bargain and denied the subsequent claim for a larger credit.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrdersStipulations with Request for AwardPermanent Disability Advances (PDAs)Credit for PaymentsContract InterpretationPre-trial Conference StatementStipulated AwardWCJ Opinion

References

Case No. ADJ3850792 (ANA 0340016)

Regular

Dec 23, 2009

RAUL ROSALES SORIA vs. SELECT PERSONNEL SERVICES/REMEDY TEMP, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for LEGION INSURANCE COMPANY (In Liquidation), SEDGWICK CMS (Servicing Facility)

The Appeals Board granted reconsideration and rescinded the order directing CIGA to pay PDAs, but denied removal of the order taking the matter off calendar. CIGA's petition for reconsideration was based on its dispute of liability and the order's vagueness.

CIGAPetition for ReconsiderationPetition for RemovalPermanent Disability Advances (PDAs)Off Calendar (OTOC)Final OrderInterlocutory DecisionGeneral AppearanceJoinderMandatory Settlement Conference (MSC)

References

Case No. ADJ7238916

Regular

Jul 01, 2013

DESIREE SOLIS vs. ADP TOTALSOURCE FL XXIX, INC., LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The Board adopted the WCJ's report, which recommended denial based on the defendant's unreasonable delay in paying permanent disability benefits. The parties stipulated that no permanent disability had been paid despite a qualified medical examiner's opinion rating the disability. The WCJ's report also addressed and cured any technical defects in the original decision.

WCABPetition for ReconsiderationLabor Code section 5313Smales v. Workers' Comp. Appeals Bd.ADJ7238916Alvin R. Webberunreasonable delaypermanent disabilityL.C. section 5814penalty

References

Case No. ADJ4157637

Regular

Mar 18, 2010

BEATRICE WEISS vs. TECHNOLOGY FUNDING, LUMBERMEN'S MUTUAL CASUALTY COMPANY, BROADSPIRE, a CRAWFORD COMPANY

This case involves an applicant who sustained a spinal injury in 2000 and was awarded permanent total disability and ongoing medical treatment, including assisted living. The Workers' Compensation Appeals Board (WCAB) clarified that the applicant is entitled to full reimbursement for assisted living costs incurred after exhausting long-term care insurance, as medical treatment for industrial injuries is not apportionable, even if concurrent non-industrial conditions exist. However, the WCAB reversed an award for personal duty aides, finding insufficient evidence of their necessity due to the industrial injury, and denied claims for interest on unpaid bills and guardianship costs. The WCAB affirmed reimbursement for dental expenses necessitated by medication for the industrial injury, while excluding attorney fees for enforcing treatment denials.

Workers' Compensation Appeals BoardBeatrice WeissTechnology FundingLumbermen's Mutual Casualty CompanyBroadspireCrawford CompanyADJ4157637SFO 0445495Opinion and Decision After Reconsiderationpermanent total disability

References

Case No. ADJ8427623, ADJ8580402, ADJ8944197

Regular

Oct 05, 2016

DANNY MCCARTY vs. DC CONCRETE, INSURANCE COMPANY OF THE WEST

In this workers' compensation case, the defendant sought reconsideration of an order approving a Compromise and Release (C&R), alleging mutual mistake regarding the calculation of permanent disability advances (PDAs). The Appeals Board denied reconsideration, finding no mutual mistake as the parties agreed to the settlement amount and the PDA offset was explicitly stated in the C&R. The Board determined that the defendant's later discovery of a miscalculation constituted a unilateral mistake, not a mutual one, and therefore did not warrant setting aside the approved C&R.

Compromise and ReleasePetition for ReconsiderationMutual MistakeUnilateral MistakePermanent Disability AdvancesPDA OffsetAdministrative Law JudgeWCJ ReportMeeting of the MindsNegotiate Settlement

References

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MOHAMMED TADAIE vs. FARWEST INSULATION CONTRACTING, ZURICH NORTH AMERICA

Workers' Compensation Appeals BoardReconsiderationFindings and AwardIndustrial InjuryRight KneeBackNeckPermanent DisabilityPermanent Disability Advances (PDAs)Credit

SONIA WASHINGTON vs. DEPARTMENT OF SOCIAL SERVICES IHSS, YORK RISK SERVICES

RAUL ROSALES SORIA vs. SELECT PERSONNEL SERVICES/REMEDY TEMP, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for LEGION INSURANCE COMPANY (In Liquidation), SEDGWICK CMS (Servicing Facility)

DESIREE SOLIS vs. ADP TOTALSOURCE FL XXIX, INC., LIBERTY MUTUAL INSURANCE COMPANY

WCABPetition for ReconsiderationLabor Code section 5313Smales v. Workers' Comp. Appeals Bd.ADJ7238916Alvin R. Webberunreasonable delaypermanent disabilityL.C. section 5814penalty

BEATRICE WEISS vs. TECHNOLOGY FUNDING, LUMBERMEN'S MUTUAL CASUALTY COMPANY, BROADSPIRE, a CRAWFORD COMPANY

DANNY MCCARTY vs. DC CONCRETE, INSURANCE COMPANY OF THE WEST

Compromise and ReleasePetition for ReconsiderationMutual MistakeUnilateral MistakePermanent Disability AdvancesPDA OffsetAdministrative Law JudgeWCJ ReportMeeting of the MindsNegotiate Settlement