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

Case No. ADJ2719991 (VNO 0485134) ADJ1334047 (VNO 0428744)
Regular
Aug 20, 2009

Catalina Barajas vs. WELLPOINT HEALTH NETWORK, INC., ZURICH LOS ANGELES

This case involves an applicant who initially sustained a cumulative trauma injury to her upper extremities during a period covered by one insurer. After returning to work with modified duties, she experienced a recurrence and worsening of symptoms, necessitating further treatment and surgery, which the Board now recognizes as a separate cumulative trauma injury. The Workers' Compensation Appeals Board granted reconsideration, reversing the prior finding of a single cumulative trauma injury. The Board held that distinct periods of compensable temporary or permanent disability, as established by medical evidence and treatment, demarcate separate cumulative trauma injuries, aligning with the *Rodarte* precedent. Consequently, the applicant was found to have sustained two separate cumulative trauma injuries, each attributed to different insurance coverage periods.

cumulative traumaanti-merger doctrineLabor Code sections 3208.25303Rodartecompensable temporary disabilitypermanent disabilitywage lossmodified workbilateral upper extremities
References
3
Case No. ADJ1557376 (RIV 0052354) ADJ3175359 (RIV 0053956)
Regular
Oct 20, 2008

RENEE WORLEY vs. NORCO DAISY KART FLORIST, EMPLOYERS COMPENSATION INSURANCE COMPANY

This case consolidated two workers' compensation claims for Renée Worley. The Board affirmed the original findings that she sustained no permanent disability and required no further treatment for her right hand, while awarding 14% permanent disability and further medical treatment for her bilateral upper extremities and low back for a separate injury period. The applicant's petition for reconsideration, arguing for a different disability rating schedule and additional treatment for her hand, was denied.

Workers' Compensation Appeals BoardRenee WorleyNorco Daisy Kart FloristEmployers Compensation Insurance CompanyADJ1557376RIV 0052354ADJ3175359RIV 0053956ReconsiderationFindings and Award
References
0
Case No. MISSING
Regular Panel Decision

In Re Texaco Inc.

Texaco Inc. and its two subsidiaries, Texaco Capital Inc. and Texaco Capital N.V., filed for Chapter 11 bankruptcy. Texaco sought to extend the exclusive periods for filing a reorganization plan, citing the massive size of the case, over 300,000 creditors, and the pending appeal of a $10.3 billion judgment against it by Pennzoil Company. Pennzoil, a leading general unsecured creditor, moved to reduce these exclusivity periods to propose its own creditor's plan. The court, presided over by Bankruptcy Judge Howard Schwartzberg, considered the unprecedented size and complexity of Texaco's bankruptcy case, which is the largest ever filed in the U.S., and the unresolved multi-billion dollar Pennzoil judgment. The court found that Texaco had established sufficient cause for an extension, while Pennzoil failed to demonstrate cause for reduction. Consequently, Texaco's motion to extend the exclusivity periods by another 120 and 180 days was granted, and Pennzoil's motion to shorten them was denied.

BankruptcyChapter 11Exclusivity PeriodPlan of ReorganizationCorporate DebtorsComplex LitigationDebtor-Creditor DisputeJudgment AppealSouthern District of New YorkCorporate Restructuring
References
12
Case No. ADJ401125 (LAO 0843257)
Regular
Dec 24, 2010

ORETHA BOYD vs. SERVICE CRAFT LOGISTICS, COLONIAL RISK

The Workers' Compensation Appeals Board granted reconsideration to reverse the finding of temporary total disability and the need for future medical treatment for the applicant's heart condition and hypertension. The Board found insufficient substantial medical evidence to support that these pre-existing conditions, aggravated by work stressors, caused the claimed period of disability. Applicant's prior carpal tunnel injury and its ongoing treatment were identified as the primary cause of her absence from work. The award was modified to remove temporary disability and future medical treatment for the heart/hypertension, and attorney fees were adjusted accordingly.

Workers' Compensation Appeals BoardOretha BoydService Craft LogisticsColonial RiskAmended Findings and Awardindustrial injuryheart conditionhypertensiondiabetestemporary total disability
References
8
Case No. ADJ3640816 (SBR 0317873) ADJ1343688 (SBR 0317874)
Regular
Apr 10, 2009

ROBERT W. LEE vs. LAEGER'S INC., EVEREST NATIONAL INSURANCE CO., ACCA/BHHC, MID-CENTURY INSURANCE COMPANY

This case concerns a workers' compensation claim for cumulative injury where the liability period for employer Everest National Insurance Company (ENIC) was at issue. The Appeals Board granted reconsideration, amending the previous order to establish the cumulative injury ended on March 6, 2003, aligning with the applicant's first date of disability. Consequently, ENIC is now ordered to reimburse Mid-Century Insurance Company for 61% of benefits paid during the preceding one-year liability period. The Board affirmed the finding of a single cumulative injury, distinguishing it from prior cases with separate periods of disability and continued medical treatment.

Labor Code § 5500.5cumulative injuryspecific injurycompromise and releasetemporary total disabilitypermanent disability advancedate of injurylast day of workemployer liabilityapportionment
References
6
Case No. ADJ586942, ADJ687483
Regular
May 24, 2013

CHARLES KINDELBERGER vs. CITY OF LOS ANGELES

Here's a summary for a lawyer: The Workers' Compensation Appeals Board granted reconsideration, rescinded the judge's decision, and returned the case for further proceedings. The judge had disallowed a lien claimant's services from March 19, 1999, to April 14, 2007, finding it barred by the statute of limitations under Labor Code §4903.5(a). The Board disagreed, noting that the claimant continued to provide treatment and receive payments over a twelve-year period, and that the "date services were provided" in the context of ongoing treatment refers to the last date of service. The Board found the defendant's interpretation would create a statute of limitations for each individual date of treatment, which is not supported by the statute's wording and would lead to an impractical flood of liens.

Workers Compensation Appeals BoardLien ClaimantStatute of LimitationsLabor Code Section 4903.5Petition for ReconsiderationFindings of Fact and OrdersAdministrative Law JudgeDate of ServiceCumulative Trauma InjuryPolice Officer
References
1
Case No. ADJ3292672
Regular
Nov 08, 2012

SUSAN VIRDIER vs. CONCENTRA MANAGED CARE, ATLANTIC MUTUAL INSURANCE COMPANY (in liquidation), CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, TRAVELERS INDEMNITY INSURANCE COMPANY

This case concerns Travelers Indemnity Insurance Company's petition for reconsideration regarding its liability for applicant Susan Verdier's medical treatment. Travelers argued it should not be responsible for medical care in ADJ4661775, as it did not insure the employer at the time of the specific left wrist injury in ADJ3701452, and the cumulative trauma injury in ADJ4661775 involved different body parts. The Board denied the petition, holding that medical treatment expenses are not apportionable and that Travelers' coverage for the cumulative trauma period constitutes "other insurance" when the primary insurer is insolvent. The Board found no medical evidence distinguishing the need for treatment between the upper extremities and the wrist, thus upholding the finding that Travelers is available coverage for the award.

Workers Compensation Appeals BoardConcentra Managed CareAtlantic Mutual Insurance CompanyCalifornia Insurance Guarantee AssociationTravelers Indemnity Insurance CompanyreconsiderationFindings and Ordersother coveragemedical treatmentcumulative trauma
References
4
Case No. ADJ6693720
Regular
Mar 15, 2010

KERRY NECHODOM vs. CITY OF GROVER BEACH

The Workers' Compensation Appeals Board granted reconsideration to amend the date of injury for Kerry Nechodom's right shoulder injury in case ADJ6693720 from February 3, 2007 - September 10, 2009 to August 12, 2008 - September 10, 2009. This amendment acknowledges a separate cumulative trauma injury due to distinct periods of disability and lack of continuous treatment between injuries. The Board affirmed the original award, finding that the applicant sustained two separate cumulative trauma injuries causing distinct periods of temporary disability. The employer's arguments regarding the cumulative trauma period and Labor Code $\S 4656$ limitations were addressed and resolved by this clarification.

Workers' Compensation Appeals BoardKerry NechodomCity of Grover BeachADJ6693720ADJ5791464ReconsiderationJoint Findings and AwardIndustrial InjuryRight ShoulderCumulative Injury
References
11
Case No. MISSING
Regular Panel Decision

In re the Claim of Friedman

This case examines whether claimants are eligible for unemployment benefits for a week in July during which they received vacation pay from their employer. The court references a previous decision, *Matter of Miranda* (Catherwood), which allowed such benefits under certain conditions. However, the court highlights that subdivision 3 of section 591 of the Labor Law was amended in 1963 specifically to correct inequities and prevent employees from receiving both vacation pay and unemployment benefits for the same period. Despite the board's finding that the union agreement did not designate a vacation period, the court interpreted the agreement's clauses as designating the first week in July for vacation. The court concluded that upholding the board's original decision would undermine the legislative intent of the 1963 amendment. Consequently, the court reversed the board's decision and remitted the matter for further proceedings.

Unemployment Insurance BenefitsVacation PayLabor LawStatutory InterpretationLegislative IntentCollective Bargaining AgreementBoard Decision ReversalRemandWorkers' RightsEmployer Obligations
References
3
Case No. MISSING
Regular Panel Decision
Nov 10, 1982

American Broadcasting Companies, Inc. v. Roberts

ABC, a telecommunications company, was cited for violating Labor Law § 162(3) for not providing a second meal period to employees working specific shifts. ABC challenged the violation, arguing the law did not apply to their industry or skilled workers, and that their collective bargaining agreement waived or substantially complied with the requirement. The Industrial Board of Appeals affirmed the violation, but Special Term annulled this decision, concluding that employees could waive the statutory meal period benefit through their labor contracts. The current court's majority affirmed Special Term's judgment. A dissenting opinion argued that Labor Law § 162(3) is a public policy health measure designed for worker protection and therefore cannot be waived by private agreements or collective bargaining, emphasizing that the statute's 'every person' language applies broadly.

Labor LawMeal PeriodsWaiver of Statutory RightsCollective Bargaining AgreementPublic PolicyTelecommunications IndustryIndustrial CommissionerIndustrial Board of AppealsAppellate ReviewDissenting Opinion
References
19
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