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

Case No. ADJ10256108, ADJ10255968, ADJ10256212, ADJ10256223, ADJ10489875
Regular
Sep 23, 2022

JOSEPH RYAN vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

The Appeals Board affirmed the finding of permanent and total disability for the applicant, Joseph Ryan, stemming from industrial injuries sustained while employed as a correctional captain. However, the Board remanded the matter for further proceedings to specifically address apportionment of the permanent disability under Labor Code section 4663, considering the Agreed Medical Evaluator's opinion on pre-existing spinal disease. The Board found that the applicant's specific and cumulative trauma injuries to his spine resulted in intertwined disabilities, justifying a combined award, but that Dr. Hasday's apportionment findings require further development and determination at the trial level.

Workers' Compensation Appeals BoardJoseph RyanCalifornia Department of CorrectionsLegally UninsuredState Compensation Insurance FundADJ10256108ADJ10255968ADJ10256212ADJ10256223ADJ10489875
References
Case No. MON 0316585
Regular
Jun 27, 2008

GUY AZOLAY vs. ARM CONTRACTORS FIRST/STONE TILE, ACE FIRE UNDERWRITERS INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and increased the allowed lien claim for S&B Surgery Center from $\$ 1,361.70$ to $\$ 3,100.00$. This decision was based on evidence showing that $\$ 3,100.00$ was a reasonable fee for the surgical services rendered, considering comparable geographic facility fees and PacMed's review. The Board also clarified the penalty and interest provisions applicable if the defendant fails to pay the adjusted amount within 60 days.

Workers' Compensation Appeals BoardLien claimantReconsiderationFindings and OrderLabor Code section 4603.2Arthroscopic partial synovectomyArthroscopic chondroplastyArthroscopic partial lateral meniscectomyArthroscopic debridementOpen removal of plate and screw
References
Case No. ADJ1305514
Regular
Dec 13, 2010

JOSE OROZCO vs. AMERICAN BOLT AND SCREWS MFG, LWP CLAIMS SOLUTIONS

Defendant sought removal, arguing the WCJ erred by setting the case for trial on all issues and denying due process. Defendant claimed their discovery rights were terminated at the Mandatory Settlement Conference before they received psychiatric reports or could obtain a rebuttal. The Appeals Board granted removal, rescinded the trial setting order, and took the case off calendar. This action was based on insufficient clarity regarding the issues defendant was prepared to litigate and the missing documentation.

Petition for removalDiscovery rightsPsychiatric reportsRebuttal reportApplication for Adjudication of ClaimPetition for DismissalDeclaration of Readiness to ProceedMandatory settlement conferenceTaken off calendarRescinded order
References
Case No. ADJ8308149
Regular
Apr 18, 2014

MILVIA RODAS vs. OAK VIEW CONVALESCENT, CARE WEST PEGASUS

Here is a summary of the case for a lawyer, in four sentences: The Workers' Compensation Appeals Board denied reconsideration of a decision that found Milvia Rodas sustained an injury arising out of and in the course of employment. The Board adopted the WCJ's report, which found the applicant's testimony credible regarding an incident where a trapeze lift's screws loosened, causing her to hold a patient. The WCJ also relied on medical reports that were not refuted by defense evidence. Finally, the Board upheld the finding that a post-termination defense was inapplicable as the applicant was suspended, not terminated.

Workers' Compensation Appeals BoardPetition for ReconsiderationInjury AOE/COECertified Nursing AssistantTrapeze LiftCredibility FindingMedical EvidenceDr. RubanenkoGlendale Memorial HospitalPost-Termination Defense
References
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