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

Case No. ADJ1115532 (SAC 0347195)
Regular
May 09, 2011

PAUL RIGGS vs. SACRAMENTO RIVER CATS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and amended the original Findings and Award. The Board found that the applicant met the six-month employment threshold for a compensable psychiatric injury, reversing the prior finding that he did not. Issues regarding permanent disability and attorney's fees were deferred for further proceedings. The matter was returned to the trial judge for a new decision consistent with this opinion.

Workers' Compensation Appeals BoardPaul RiggsSacramento River CatsState Compensation Insurance FundOpinion and Order Granting ReconsiderationFindings and AwardPsychiatric InjurySix-Month Employment RuleLabor Code Section 3208.3Sudden and Extraordinary Injury
References
Case No. ADJ 2497207
Regular
Sep 02, 2008

PAUL MARTINEZ vs. HERITAGE FOODS, ST. PAUL FIRE & MARINE INSURANCE COMPANY

Reconsideration granted; WCJ's decision rescinded due to uncertainty in permanent disability rating; matter returned to WCJ for further proceedings and new decision.

Workers Compensation Appeals BoardPaul MartinezHeritage FoodsSt. Paul Fire & Marine Insurance CompanyADJ 2497207POM 0277661Opinion and Order Granting ReconsiderationDecision After ReconsiderationFindings and AwardIndustrial Injury
References
Case No. GRO 27301, GRO 28637
Regular
Feb 11, 2008

HERMAN DENNLER vs. TIMEC CO., INC., ST. PAUL TRAVELERS, OPEN WAVES SYSTEMS, LUMBERMAN'S MUTUAL CASUALTY COMPANY

This Workers' Compensation Appeals Board opinion corrects a clerical error in a previous decision, specifically removing the incorrect statement that St. Paul Travelers was adjusted by Broadspire. The case involves two injuries sustained by Herman Dennler in 2002, with awards of permanent disability indemnity and future medical treatment granted against Timec Co., Inc. (insured by St. Paul Travelers) and Open Wave Systems (insured by Lumberman's Mutual Casualty Company). The correction clarifies that St. Paul Travelers was the insurance carrier for Timec Co., Inc. and was not adjusted by Broadspire.

Workers' Compensation Appeals Boardclerical errorreconsiderationaward correctionpermanent partial disabilitytemporary disability indemnitymedical treatmentattorney's feeslienTimec Co.
References
Case No. ADJ3523217 (OAK 0271650)
Regular
Apr 20, 2010

PAULINE ROACH ARREDONDO vs. MAJOR LEGAL SERVICES AND ST. PAUL TRAVELERS INSURANCE, American Protection/Broadspire

The Workers' Compensation Appeals Board granted applicant's petition for removal, rescinding the prior orders. The Board allowed the applicant's election against St. Paul Travelers Insurance, finding its prior liability res judicata. Discovery by newly-joined defendant American Protection/Broadspire was stayed pending resolution of the claim against St. Paul. This decision supports the applicant's right to elect against a carrier with established liability.

Petition for RemovalElection Against CarrierLabor Code 5500.5(c)Res JudicataInterim Findings Award and OrderSt. Paul Travelers InsuranceAmerican Protection/BroadspireWCJ Report and RecommendationDiscovery StayWorkers' Compensation Appeals Board
References
Case No. ADJ4532675
Regular
Sep 29, 2010

PAUL BLADEN vs. LUMEI OPTOELECTRONICS CORP.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to further study the case of Paul Bladen v. Lumei Optoelectronics Corp. After reviewing the record and the WCJ's report, the WCAB has decided to deny the petition for reconsideration. The WCAB adopted the factual and legal reasoning of the WCJ's report in its decision. Therefore, the petition for reconsideration was denied.

Appeals BoardReconsiderationDeniedOpinion and DecisionWCJ ReportPetition for ReconsiderationFactual and Legal IssuesWorkers' CompensationAdministrative Law JudgePaul Bladen
References
Case No. ADJ1924707
Regular
May 29, 2009

JOHN PAUL vs. NAPA VALLEY PACKAGING, INC., STATE COMPENSATION INSURANCE FUND

This Workers' Compensation Appeals Board order denies John Paul's Petition for Reconsideration. The Board adopts and incorporates the reasoning of the Workers' Compensation Judge's report. The petition is denied based on the review of the record.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportdeny reconsiderationNapa Valley PackagingState Compensation Insurance FundADJ1924707SRO 0139678John Pauladministrative law judge
References
Case No. ADJ2623515 (SJO 0244721) ADJ1776322 (SJO 0250018)
Regular
Feb 10, 2010

THU-HA TRAN vs. THERMO LASER SCIENCE, ST. PAUL TRAVELERS, MATRIX ABSENCE MANAGEMENT

This case concerns Matrix Absence Management's petition for reconsideration of a workers' compensation decision regarding cost reimbursement for applicant Thu-Ha Tran's lumbar spine treatment. The arbitrator previously found insufficient evidence to compel reimbursement between Matrix and St. Paul Travelers. Matrix's petition lacked verification, a requirement under Labor Code section 5902. The Board dismissed the petition because Matrix failed to cure this defect despite notice. Even if verified, the Board would have denied the petition based on the original arbitrator's reasoning.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalVerificationLabor Code Section 5902Lucena v. Diablo Auto BodyFindings and OrderReimbursementLumbar SpineMatrix Absence Management
References
Case No. GRO 27301 GRO 28637
Regular
Jan 25, 2008

HERMAN DENNLER vs. TIMEC CO., INC.; ST. PAUL TRAVELERS, Adjusted By BROADSPIRE; OPEN WAVES SYSTEMS; LUMBERMAN'S MUTUAL CASUALTY COMPANY, Adjusted By BROADSPIRE

This case involves two industrial injuries to the applicant's spine sustained while employed by different employers. The Workers' Compensation Appeals Board granted reconsideration to overturn a prior joint award, ruling that recent legislative changes require separate permanent disability ratings for each injury. Consequently, the Board issued separate awards for each injury and clarified that St. Paul Travelers is responsible for administering future medical care.

Wilkinson ruleSB 899apportionmentcausationcombined disabilitypermanent stationaryseparate awardsfuture medical careSt. Paul TravelersLumberman's Mutual Casualty Company
References
Case No. ADJ3672958 (ANA 0348289)
Regular
Aug 08, 2011

JUAN FLORES vs. KENDALL MCGAW LABORATORIES, REMEDY TEMP, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, INTERCARE INSURANCE, For RELIANCE INSURANCE COMPANY, In Liquidation

The WCAB rescinded the dismissal of Braun Medical and St. Paul, returning the case for further proceedings. CIGA, responsible for benefits from the insolvent Reliance, sought reimbursement from St. Paul, Braun Medical's insurer, alleging St. Paul's coverage constituted "other insurance." The WCAB found the previous dismissal lacked a clear basis and adequate record, necessitating a new decision by the WCJ after proper stipulation and evidentiary presentation. The decision emphasizes the importance of a complete record for review.

CIGAReliance Insurance CompanyIntercare InsuranceBraun MedicalSt. Pauljoinderreimbursementother insuranceinsolvent insurerspecial employer
References
Case No. ADJ7816692
Regular
Dec 07, 2012

PAUL GEER vs. GALLO SALES COMPANY

In this workers' compensation case, the defendants notified the Board of a settlement. Consequently, the Board granted reconsideration, rescinded the prior decision, and remanded the matter to the trial level. This action allows the Workers' Compensation Administrative Law Judge to review and approve the settlement. If the settlement is not approved, the original decision may be reinstated.

Workers' Compensation Appeals BoardReconsiderationRescinded DecisionTrial LevelWorkers' Compensation Administrative Law JudgeSettlementPermissibly Self-InsuredGallo Sales CompanyPaul GeerADJ7816692
References
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