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

Case No. ADJ1631052 (ANA 0405611)
Regular
Oct 29, 2019

LUISA ISABEL RODRIGUEZ vs. KELLY SERVICES

This case concerns Kelly Services' challenge to lien claims filed by Comprehensive Outpatient Surgery Center and Technical Surgery Support. Kelly Services argued that the lien claimants' declarations, signed by Patrick Christoff, were untimely and that Mr. Christoff lacked personal knowledge of the services billed. The Workers' Compensation Appeals Board affirmed the WCJ's findings, ruling that the timeliness issue was waived as it was not raised at trial. The Board found Mr. Christoff competent to sign the declarations, relying on his extensive experience reviewing medical reports and billing, and the fact that the underlying medical reports were also signed under penalty of perjury.

Labor Code section 4903.8(d)declarant competencypersonal knowledgelien claimantsKelly ServicesESISComprehensive Outpatient Surgery CenterTechnical Surgery SupportFindings of FactReconsideration
References
Case No. LBO 0383984
Regular
Dec 27, 2007

PATRICK ESPOSITO vs. NORTHWEST AIRLINES, INC., LIBERTY MUTUAL INSURANCE

The Workers' Compensation Appeals Board denied reconsideration, affirming the finding that Patrick Esposito's injury sustained while falling from a hotel balcony to smoke was compensable. The Board adopted the reasoning that the act of smoking fell under the "personal comfort and convenience" and "commercial traveler" doctrines, making it incidental to his employment as a flight attendant on layover. The Court found that the employee's poor decisions after being locked out did not negate the compensability of the injury.

WORKERS' COMPENSATION APPEALS BOARDPATRICK ESPOSITONORTHWEST AIRLINESLIBERTY MUTUAL INSURANCEORDER DENYING RECONSIDERATIONworkers' compensation administrative law judgepersonal comfort and convenience doctrinecommercial traveler ruleon callper diem
References
Case No. ADJ10612569
Regular
Mar 12, 2018

Patrick Wilder vs. The Ryan Company, Old Republic Insurance Company

This case concerns a defendant's petition for reconsideration of an award of temporary total disability (TTD) benefits to the applicant, Patrick Wilder. The Workers' Compensation Appeals Board (WCAB) denied the petition, upholding the finding that Wilder sustained an injury to his left ankle and was temporarily totally disabled. The defendant failed to prove that Wilder was terminated for cause, which would have potentially ended his TTD benefits, and the WCAB found no credible evidence to support their allegations of misconduct or availability of modified duty. The WCAB also admonished the defendant and their counsel for making unsubstantiated factual claims in their petition, warning of potential sanctions.

Workers Compensation Appeals BoardPatrick WilderThe Ryan CompanyOld Republic Insurance CompanyGallagher Bassett ServicesInc.ADJ10612569Bakersfield District OfficePetition for ReconsiderationFindings Orders and Award
References
Case No. ADJ410642 (FRE 0218111)
Regular
Jul 21, 2009

PATRICK SLENDERS vs. JOSEPH GALLO FARMS, STATE COMPENSATION INSURANCE FUND, ALASKA NATIONAL INSURANCE COMPANY

This case concerns whether Patrick Slenders sustained a cumulative industrial injury to his right knee between July 14, 2002, and February 21, 2003, while employed by Joseph Gallo Farms. The defendant insurers, State Compensation Insurance Fund (SCIF) and Alaska National Insurance Company, sought reconsideration of a prior decision finding such an injury occurred. They argued the primary treating physician's opinion was not substantial evidence and did not meet the legal definition of cumulative trauma. The Appeals Board affirmed the finding, holding that the physician's opinion, detailing progressive deterioration of the knee due to work use, constituted substantial evidence of a compensable cumulative trauma injury.

Workers' Compensation Appeals BoardPatrick SlendersJoseph Gallo FarmsState Compensation Insurance FundAlaska National Insurance CompanyReconsiderationIndustrial InjuryRight KneeCumulative TraumaDr. David E. Taylor
References
Case No. ADJ843966 (SDO 0338705)
Regular
Dec 13, 2013

Reed Thomas Kirby vs. Arthur Gonzales, STATE FARM INSURANCE COMPANY, KEITH PATRICK DONNELLY, UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to amend a prior award. The WCAB affirmed the finding that the applicant sustained an injury while employed as a tree trimmer by an uninsured employer, Keith Patrick Donnelly. However, the WCAB amended the award to reflect that liability rests solely with the uninsured employer, not the Uninsured Employers Benefits Trust Fund (UEBTF), as UEBTF's liability is derivative. The WCAB rejected arguments that the City of San Diego was also responsible and confirmed the applicant is entitled to benefits from Donnelly.

Uninsured Employers Benefits Trust FundUEBTFKeith Patrick DonnellyTarzan Tree SpecialistsArthur GonzalesState Farm Insurance Companytree trimmerderivative defendantLabor Code section 3352(h)City of San Diego
References
Case No. ADJ7944481
Regular
Aug 22, 2013

IGNACIO PAZ vs. BENIHANA, INC., ZURICH LOS ANGELES

In this workers' compensation case, multiple lien claimants' liens were dismissed for failure to pay the required activation fee or appear at a lien conference. Their attorney claimed they lacked notice of the conference, but evidence indicates their representative initiated the conference and was served with notice. The Appeals Board granted reconsideration to consider sanctions against the attorney for filing a petition for reconsideration that appears indisputably without merit, potentially based on misrepresentation or failure to investigate facts. The Board intends to impose sanctions on the attorney for alleged bad faith actions under Labor Code Section 5813.

Lien activation feeLabor Code section 5813WCAB Rule 10561Declaration of ReadinessNotice of Hearinglien conferencepetition for reconsiderationbad faith actionfrivolous petitiondue process violation
References
Case No. ADJ9148470
Regular
Nov 21, 2014

PATRICK CONNOLLY vs. SOUTHERN CALIFORNIA EDISON

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award of attorney's fees. The Board found that applicant's counsel was not entitled to a fee from the employer's reimbursement of loss of income benefits. This decision was based on the fact that the employer actively litigated its claim for credit and applicant's counsel's services were not instrumental in securing that credit. Therefore, the conditions for awarding fees against a lien claimant under Labor Code section 4903.2 were not met.

Workers' Compensation Appeals BoardSouthern California EdisonPatrick ConnollyPetition for ReconsiderationFindings and AwardApplicant's CounselAttorney's FeeLoss of Income BenefitsComprehensive Disability PlanTemporary Total Disability
References
Case No. ADJ7441132
Regular
Jul 20, 2012

Patrick O'Brien vs. COUNTY OF SAN DIEGO

The Workers' Compensation Appeals Board granted reconsideration to amend the original award. The Board found that the applicant's skin cancer was not an insidious progressive disease, reversing the prior reservation of jurisdiction over permanent disability. This decision aligns with previous rulings that such reservation is only appropriate for diseases with a demonstrable likelihood of future progression or recurrence. Consequently, the finding of injury was amended to specify the exact locations and types of skin damage.

Workers' Compensation Appeals BoardPatrick O'BrienCounty of San DiegoSheriff Sergeantindustrial injuryskin damagesolar skin damagecancerinsidious progressive diseasepermanent disability
References
Case No. ADJ1804234
Regular
May 26, 2009

Patrick MacAULEY vs. COUNTY OF VENTURA, CORVEL OXNARD

The Workers' Compensation Appeals Board granted reconsideration and rescinded a previous award finding the applicant sustained 66% permanent disability. The defendant employer argued the original award relied on an incorrect permanent and stationary date provided by the Agreed Medical Examiner (AME), who later admitted his initial report was in error. The Board agreed that the medical record needed further development due to the AME's admitted error and the resulting inaccurate permanent and stationary date. The case is returned to the trial level for further proceedings, including the defendant's opportunity to challenge the impairment rating under AMA Guidelines and diminished future earning capacity.

Workers' Compensation Appeals BoardPatrick MacAuleyCounty of VenturaCorvel Oxnardcumulative trauma injuryheart and circulatory systemdeputy sheriffpermanent disabilityAgreed Medical Examiner (AME)Dr. Ira Monosson
References
Case No. ADJ8336161
Regular
Dec 31, 2012

Patrick Despres vs. Pacific Titan, Inc., Seabright Insurance Company

The Workers' Compensation Appeals Board granted reconsideration and amended a previous award. The applicant, a painter injured in 2011, was found to have unreasonably refused modified work offered by the defendant. Consequently, the applicant is not entitled to temporary total disability indemnity from May 12, 2012, to September 19, 2012, and no attorney's fees can be awarded from this period.

Workers' Compensation Appeals BoardPatrick DespresPacific Titan Inc.Seabright Insurance Companyindustrial injuryleft kneepaintertemporary total disabilityaverage weekly earningsindemnity rate
References
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