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

Case No. POM 0244323, POM 0260214
Regular
Jan 14, 2008

BERTHA KOCIAN vs. CLOUGHERTY PACKING dba FARMER JOHN

The Workers' Compensation Appeals Board granted reconsideration to correct a clerical error in the date of injury for applicant's bilateral hand and right knee cumulative trauma claim, changing it to 1980-March 22, 2001. The Board affirmed the original decision denying apportionment of permanent disability to pre-existing conditions, finding defendant failed to provide substantial medical evidence to support their claim. Applicant sustained industrial injury to her bilateral hands and right knee, resulting in 67 percent permanent disability.

KocianClougherty PackingFarmer JohnPOM 0244323POM 0260214Petition for ReconsiderationFindings and Awardssausage stufferindustrial injuryright knee
References
0
Case No. MISSING
Regular Panel Decision

Pom Wonderful LLC v. Organic Juice USA, Inc.

Plaintiff POM Wonderful LLC ("Pom") and defendant Organic Juice, Inc. ("Organic Juice") are competing purveyors of bottled pomegranate juice involved in a dispute over false advertising and deceptive marketing practices. Pom initiated the lawsuit, alleging Organic Juice violated federal and state laws by selling "adulterated" juice falsely labeled as "100% pure." Organic Juice counterclaimed, accusing Pom of deceptively marketing its juice made from concentrate and making unsubstantiated health claims, even adding elderberry juice concentrate from 2002 to 2008. The court considered three motions: Pom's motion for summary judgment on Organic Juice's counterclaims, Organic Juice's motion for partial summary judgment on the same, and Pom's motion to dismiss Organic Juice's amended counterclaims. The court denied all three motions, finding that despite alleged methodological flaws, consumer surveys demonstrating potential confusion regarding Pom's advertisements were admissible. Furthermore, the court ordered Pom to pay Organic Juice's costs and attorney's fees related to the motion to dismiss, deeming that particular motion frivolous.

False AdvertisingLanham ActSummary JudgmentConsumer ConfusionSurvey EvidenceBrand MarketingJuice LabelingConcentrateElderberryHealth Claims
References
23
Case No. POM 0289901, POM 0289902, POM 0289917, POM 0293022
Regular
Jan 07, 2008

KATHY YOUSEF vs. AMERICAN CANCER SOCIETY, ST. PAUL TRAVELERS

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the administrative law judge's decision to apply the 104-week limit to temporary disability indemnity. The Board clarified that this limit applies to each distinct industrial injury, even if multiple injuries cause concurrent periods of disability. Furthermore, the Board found that the applicant's June 8, 2006 surgery did not constitute a separate industrial injury, as the cited case law regarding new injuries is narrowly limited to vocational rehabilitation settings.

WCABPetition for Reconsideration104-week limitLabor Code section 4656(c)(1)temporary total disabilityindustrial injurieslumbar spinecervical spinecumulative injurysubsequent surgery
References
5
Case No. POM 0246071, POM 0246072, POM 0259445, POM 0259446
Regular
Mar 10, 2008

ROBERT SIMS vs. WEISS SHEET METAL COMPANY, INC., STATE COMPENSATION INSURANCE FUND, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, FREMONT INDEMNITY COMPANY, ARGONAUT INS. CO.

This case involves the State Compensation Insurance Fund (SCIF) seeking reconsideration of an arbitrator's decision that established a continuous trauma injury period for Robert Sims. The arbitrator determined SCIF was the liable carrier based on their policy covering the applicant's last day of employment, December 20, 2000. The Appeals Board affirmed the arbitrator's decision, finding SCIF received due process and that determining insurance coverage necessarily requires establishing the date of injury.

Workers' Compensation Appeals BoardContinuous Trauma InjuryDate of InjuryLabor Code Section 5500.5Labor Code Section 5412Insurance CoverageDue ProcessArbitrator's DecisionReconsiderationState Compensation Insurance Fund
References
0
Case No. POM 262948, POM 262949, POM 262950
Regular
Mar 17, 2008

JEFFREY STRAYER vs. SENCO CONSTRUCTION & INSPECTION MANAGEMENT, INC.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior award finding the applicant totally and permanently disabled, as the medical evidence regarding the extent of disability and apportionment was insufficient. The WCAB found the prior decision was not supported by substantial evidence, particularly concerning the physician's conclusory opinions and lack of recent evaluation. The case is returned to the trial level for further development of the record, likely with an agreed medical evaluator, to determine permanent disability and apportionment, and the prior joint award for multiple injuries is rescinded.

ApportionmentPermanent Total DisabilitySubstantial EvidenceMedical ReportingVocational RehabilitationAgreed Medical EvaluatorIndustrial InjuryCausationLabor Code Section 4663Joint Findings and Award
References
14
Case No. POM 171820, POM 221222, POM 221224
Regular
Oct 01, 2007

MAGGIE M. WHITEHAIR vs. COUNTY OF SAN BERNARDINO

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration regarding an award of $5,000.00 in attorney fees. The defendant argued the award was improper as Labor Code section 4607 does not apply to enforcement of awards and a specific finding under Labor Code section 5313 was missing. The Board rescinded the award and returned the matter to the trial level pending a California Supreme Court decision on relevant attorney fees issues.

ReconsiderationStipulationAwardOrderLabor Code 4607Petition to Terminate BenefitsLabor Code 5313Rule 10775WCAB Policy and Procedural Manual 1.140Smith v WCAB
References
2
Case No. ADJ4120534 (POM 0297037), ADJ2862914 (POM 0298490), ADJ4622170 (POM 0298730), ADJ1753517 (POM 0058454), ADJ3646011 (POM 0249199)
Regular
Dec 19, 2013

SANDRA GREGORY vs. COVINGTON CROWE, LLP, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed Sandra Gregory's Petition for Reconsideration. The Board adopted the administrative law judge's Report and Recommendation, finding no grounds for reconsideration. To the extent the petition was deemed a request for removal, that request was also denied. The case involves multiple claim numbers and parties, including Covington Crowe, LLP and State Compensation Insurance Fund.

Petition for ReconsiderationPetition for RemovalDismissedDeniedWorkers' Compensation Appeals BoardAdministrative Law JudgeReport and RecommendationADJ4120534ADJ2862914ADJ4622170
References
0
Case No. ADJ1441841 (POM 0301138) (MF), ADJ4486822 (POM 0301139), ADJ2562913 (POM 0302016), ADJ3620272 (POM 0301137)
Regular
Sep 14, 2022

CATARINO MARTIN vs. J&L RV REPAIR, EMPLOYERS COMPENSATION INSURANCE COMPANY, OAK RIVER INSURANCE COMPANY c/o BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a Joint Findings and Award. Subsequently, the parties submitted a Compromise and Release agreement, leaving applicant's future medical treatment open. As the WCAB cannot approve settlements while a case is pending reconsideration, it rescinded the prior award and remanded the matter to the WCJ. The WCJ is now tasked with considering the settlement and conducting further proceedings as necessary. This action does not rule on the merits of the reconsideration petitions; if the settlement is not approved, the prior decision can be reinstated.

WCABReconsiderationCompromise and ReleaseRescindRemandWCJJoint Findings and AwardMedical TreatmentSettlementAdjudication Numbers
References
0
Case No. ADJ1117539 (POM 0217890) ADJ2570937 (POM 0217901) ADJ1684492 (POM 0236525)
Regular
Feb 23, 2009

Rose Marie Nuno vs. DEPARTMENT OF PUBLIC SOCIAL SERVICES; Permissibly Self-Insured

The Workers' Compensation Appeals Board denied the employer's petition for reconsideration, upholding the judge's award of continuing temporary disability benefits and penalties for unreasonable delays in payment. The judge relied on the Agreed Medical Examiner's finding that the applicant was not yet permanent and stationary. The Board affirmed the judge's decision, adopting the judge's report which addressed the employer's arguments regarding insufficient findings, inadmissible evidence, and penalty awards. The employer's request for additional briefing was also denied.

Rose Marie NunoDEPARTMENT OF PUBLIC SOCIAL SERVICESPermissibly Self-InsuredADJ1117539ADJ2570937ADJ1684492Joint Findings Award and OrdersDecember 4 2008permanent and stationarytemporary disability benefits
References
0
Case No. ADJ1664505 (POM 0274441) ADJ632498 (POM 0296796) ADJ3567911 (POM 0275380)
Regular
Jun 08, 2012

ROSEMARIE ARIAS vs. MONTCLAIR ROYALE, GALLAGHER BASSETT SERVICES, INC.

This case involves Applicant Rosemarie Arias's petition for reconsideration of a previous workers' compensation award. The administrative law judge had previously issued findings on three separate claims, denying injury for several conditions in two claims and awarding compensation for back and hip injury in a third claim. The Workers' Compensation Appeals Board dismissed Arias's petition for reconsideration because it was impermissibly skeletal, lacking specific references to the record or legal arguments as required by California Code of Regulations. Therefore, the Board dismissed the petition without reviewing its merits.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJDismissalSkeletal PetitionDWC/WCAB Form 45California Code of RegulationsMaterial EvidenceSpecific ReferencesOfficial Address Record
References
2
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