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Case Law Database

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

Case No. ADJ2244538 (LAO 0883304)
Regular
Jul 29, 2011

MELVIN ISAAC vs. PARAMOUNT PICTURES

This case involves the Workers' Compensation Appeals Board (WCAB) removing a matter on its own motion to review a Compromise and Release (C&R) order. The WCAB issued a Notice of Intention to approve the C&R with addenda, allowing parties 20 days to object. As no objections were received, the WCAB rescinded the WCJ's prior approval and entered a new order approving the C&R with the addenda. The cases are now returned to the trial level for further proceedings.

Workers' Compensation Appeals BoardRemovalCompromise and ReleaseAddendaWCJ OrderRescindedApprovedTrial LevelParamount PicturesMelvin Isaac
References
0
Case No. WCK0071378
Regular
Aug 07, 2008

KEN RYERSON vs. NESTLE COMPANY, Permissibly Self-Insured, adjusted by SEDGWICK

This case involves a worker's compensation appeal concerning temporary disability and vocational rehabilitation rates. However, the parties submitted a compromise and release agreement for $140,000.00 to settle all claims, including potential death benefits for dependents. The Board granted reconsideration, rescinded its prior decision, and approved the settlement as fair, reasonable, and in the applicant's best interest, considering the release of death benefits and the absence of specific vocational rehabilitation protections.

Compromise and ReleaseVocational Rehabilitation Delay RateThomas FindingRogers ReleaseDeath BenefitsCumulative Industrial InjuryBilateral Upper ExtremitiesNeckSpineBack
References
2
Case No. ADJ8350670
Regular
Jun 24, 2014

SALOMON LOPEZ vs. D & T FOODS, ILLINOIS MIDWEST INSURANCE CO.

This case involves a dispute over the approval of a Compromise and Release (C&R) in a workers' compensation claim. The applicant sustained injuries to his back, legs, and abdomen. The WCJ issued an order requiring further medical evaluation despite the parties filing an amended C&R. The defendant petitioned for removal, arguing the WCJ's order was inappropriate. The Appeals Board granted the petition, rescinded the WCJ's order, and approved the amended C&R, awarding the applicant a net recovery of $15,335.71.

Petition for RemovalCompromise and ReleaseWCJ OrderQME evaluationAME evaluationabdominal aspectsdriver unloaderindustrial injurypermanent disability advancesattorney's fee
References
0
Case No. ADJ10765191
Regular
May 18, 2018

LARHONISH CAREY vs. MOLINA HEALTHCARE, TRAVELERS PROPERTY CASUALTY COMPANY

Applicant's attorneys seek reconsideration of a $0.00 attorney's fee award where their Compromise and Release contemplated a $1,350.00 fee. The Board granted reconsideration, finding procedural errors in the attorney's fee disclosure forms and the signing of the C&R by a non-attorney representative. The Board will affirm the $0.00 fee award unless the attorneys correct these deficiencies within 15 days.

WCABPetition for ReconsiderationCompromise and ReleaseAttorney FeesLabor Code section 4906WCAB Rule 10773Non-attorney Hearing RepresentativeFee Disclosure StatementAttorney DisclosureExpedited Trial Hearing
References
2
Case No. ADJ6886930
Regular
Oct 11, 2010

MARIA TERESA RODRIGUEZ vs. MOUNTAIN F ENTERPRISES INC., STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration of an order that reduced the agreed-upon attorney's fee in a death benefit and serious and willful misconduct compromise and release. The Board found the WCJ's reasons for the reduction inadequate and intended to amend the order to approve the original $38,500 attorney's fee. This is being done after providing applicant's counsel an opportunity to comply with procedural requirements regarding fee increases, and applicant notice of her right to seek independent counsel.

AMENDED COMPROMISE AND RELEASESERIOUS AND WILLFUL MISCONDUCTPETITION FOR RECONSIDERATIONGUARDIAN AD LITEMATTORNEY'S FEE REDUCTIONINDUSTRIAL INJURYDEATH CLAIMDEPENDENTSWAGESLABOR CODE
References
6
Case No. ADJ8207322
Regular
Oct 27, 2020

GILBERT GONZALEZ vs. CITY OF PASADENA

The WCAB granted reconsideration of a WCJ's finding that the defendant employer's serious and willful misconduct caused the applicant's knee injury. The parties subsequently entered into a partial compromise and release agreement for $50,000 to settle the serious and willful misconduct claim. The WCAB found the settlement amount adequate and in the applicant's best interest. Consequently, the WCAB rescinded the WCJ's award and approved the compromise and release agreement for case ADJ8207322.

Workers' Compensation Appeals BoardGilbert GonzalezCity of PasadenaSerious and Willful MisconductFindings and AwardReconsiderationPartial Compromise and ReleaseLabor Code Section 5001Labor Code Section 5002WCAB Rule 10700
References
0
Case No. ADJ3589318
Regular
Dec 17, 2018

ESTELA CAMBEROS vs. DEPARTMENT OF SOCIAL SERVICES OF THE STATE OF CALIFORNIA, IN HOME SUPPORTIVE SERVICES, YORK RISK SERVICES GROUP

The Workers' Compensation Appeals Board granted reconsideration to review a WCJ's award for applicant's 2001 industrial injury. The defendant disputed findings of additional temporary disability and denial of credit for overpayments. The parties subsequently entered into a partial Compromise and Release, settling the disputed issues for $72,846.52, while reserving applicant's right to future medical treatment for specific body parts. The Board approved the Compromise and Release, rescinded the original award, and substituted a new award in accordance with the agreement.

Workers' Compensation Appeals BoardReconsiderationFindings Award and OrderTemporary DisabilityPermanent Partial DisabilityCompromise and ReleaseMedical TreatmentAttorney FeesLabor CodeStipulations
References
0
Case No. ADJ3255721 (SFO 0500284) ADJ1045902 (SFO 0500285)
Regular
Jan 23, 2012

Ronald S. Verna vs. City of Los Altos Police Department

The Workers' Compensation Appeals Board denied the City of Los Altos Police Department's petition for reconsideration. The Board affirmed the finding that the applicant sustained a compensable sleep disorder as a consequence of industrial injuries, necessitating a CPAP machine. This decision was based on the treating physician's opinion and applicant's credible testimony, and the partial compromise and release agreement explicitly preserved future medical care. The Board found the defendant's arguments regarding substantial evidence, the compromise and release, and the need for a petition to reopen to be without merit.

Workers' Compensation Appeals BoardCity of Los Altos Police DepartmentRonald S. VernaPetition for ReconsiderationFindings and AwardSleep DisorderCompensable ConsequenceCPAP MachineSelf-Procured ExpenseCompromise and Release
References
1
Case No. ADJ7467133 ADJ8989155
Regular
Dec 23, 2016

MITCHELL MCCONNELL vs. UNIVERSITY OF CALIFORNIA LOS ANGELES

This case involves an applicant seeking reconsideration of a Workers' Compensation Appeals Board (WCAB) decision regarding his claims of permanent partial disability. The applicant appealed the WCJ's findings of $64\%$ and $17\%$ disability, contending he was permanently and totally disabled. However, following the WCAB granting reconsideration, the parties successfully engaged in a settlement conference and executed a Compromise and Release agreement. The WCAB reviewed this agreement, found the settlement amount adequate and in the applicant's best interest, and therefore rescinded the prior award and approved the Compromise and Release.

Workers' Compensation Appeals BoardReconsiderationFindings Award OrdersCompromise and ReleaseLabor Code Section 5001Labor Code Section 5002WCAB Rule 10882Permanent Partial DisabilityLumbar Spine InjuryPsyche Injury
References
0
Case No. ADJ10239095
Regular
Apr 03, 2025

FRED DAVIS vs. SOUTHERN CALIFORNIA EDISON

Defendant, Southern California Edison, petitioned for reconsideration of the August 17, 2022 Findings of Fact, Award and Orders, which found applicant Fred Davis sustained a work-related low back, neck, and hypertension injury resulting in 76% permanent partial disability. The Workers' Compensation Appeals Board granted reconsideration. Subsequently, the parties filed a Compromise and Release. Therefore, the Appeals Board rescinded the August 17, 2022 decision and returned the matter to the WCJ for further proceedings to consider the Compromise and Release, without ruling on the merits of the reconsideration petition.

Workers' Compensation Appeals BoardReconsiderationFindings of FactAward and OrdersPermanent Partial DisabilityCompromise and ReleaseOpen Medical TreatmentRescinded DecisionReturned to Trial LevelAdministrative Law Judge
References
0
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