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

Case No. ADJ7009322
Regular
Nov 17, 2015

PENNY VERDIN vs. HEALDSBURG SENIOR LIVING, LLC, dba, HEALDSBURG SENIOR LIVING COMMUNITY, CARE WEST INSURANCE

This case involved an applicant who alleged her termination constituted discrimination under Labor Code section 132a. The applicant argued her employer terminated her due to her permanent and stationary industrial injury, especially after withdrawing a modified duty position without an interactive process. While a prima facie case was established, the defendant successfully rebutted the claim by demonstrating no available permanent positions accommodated the applicant's work restrictions. The Appeals Board denied reconsideration, affirming the employer had a legitimate business reason for termination and the applicant failed to provide contradictory evidence.

Workers' Compensation Appeals BoardPenny VerdinHealdsburg Senior LivingLLCCare West InsuranceLabor Code Section 132aDiscriminationPermanent and Stationary InjuryModified DutyTemporary Disability
References
Case No. ADJ377932 (SRO 140247)
Regular
Sep 07, 2010

BARBARA PENNY vs. COMMUNITY ACTON PARTNERSHIP OF SONOMA COUNTY, STATE COMPENSATION INSURANCE FUND

In this case, the Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior award concerning applicant Barbara Penny's industrial injury. The WCAB rescinded the award and returned the matter for further proceedings. This decision was primarily based on the need to properly develop the record regarding the applicant's diminished future earning capacity (DFEC), specifically concerning the methodology for calculating lost earnings. The WCAB also noted that the applicant's claim for further medical treatment for body parts beyond the low back could be raised again at the trial level.

Workers Compensation Appeals BoardBarbara PennyCommunity Action Partnership of Sonoma CountyState Compensation Insurance FundADJ377932Opinion and Order Granting Petitions for ReconsiderationDecision After ReconsiderationFindings and AwardIndustrial InjuryCase Manager
References
Case No. ADJ7009305
Regular
Dec 19, 2010

PENNY MUNIAN vs. OAKDALE JOINT UNIFIED SCHOOL DISTRICT

This case affirms a prior award finding the applicant sustained industrial injuries to her spine and knees. The defendant school district appealed, arguing the judge failed to explain her decision, improperly combined permanent disability ratings, and should have reduced payments. The Appeals Board found the judge's reasoning adequate, particularly regarding the apportionment of disability from intertwined industrial injuries. The Board also rejected the 15% reduction argument, noting the defendant failed to present evidence of compliance with statutory requirements for offering suitable work. Therefore, the original award was affirmed.

Workers' Compensation Appeals BoardPenny MunianOakdale Joint Unified School DistrictJoint Findings and Awardpermanent disabilityapportionmentBenson v. The Permanente Medical GroupLabor Code section 4658Disability Evaluation UnitAgreed Medical Evaluator
References
Case No. ADJ7009305 ADJ6622776
Regular
Oct 01, 2010

PENNY MUNIAN vs. OAKDALE JOINT UNIFIED SCHOOL DISTRICT

Defendant Oakdale Joint Unified School District petitioned for reconsideration of a July 8, 2010 decision in this workers' compensation case. The Workers' Compensation Appeals Board (WCAB) has granted this petition to allow for further study of the factual and legal issues. This action is necessary for the WCAB to achieve a complete understanding of the record and issue a just decision. All further communications should be directed to the WCAB's Office of the Commissioners.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting PetitionDecision After ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionFurther ProceedingsOffice of the CommissionersSan Francisco
References
Case No. ADJ10420844
Regular
Oct 23, 2018

MARIO GARCIA vs. PENNY LANE CENTERS, YORK RISK SERVICES GROUP

The applicant filed a Petition for Removal challenging a trial setting order. Subsequently, the parties submitted a Compromise and Release agreement which was approved. Due to the settlement, the applicant's Petition for Removal became moot. Therefore, the Workers' Compensation Appeals Board dismissed the Petition for Removal.

Petition for RemovalCompromise and ReleasemootdismissedWorkers' Compensation Appeals BoardWCJtrialADJ10420844ApplicantDefendants
References
Case No. ADJ1099822 (LAO 0828806)
Regular
Jan 20, 2010

CLAUDIO SOTO vs. RAMON VERDIN

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior award finding serious and willful misconduct by the employer, Ramon Verdin. The Board determined that the applicant failed to meet the burden of proof required by Labor Code section 4553.1. Specifically, the evidence did not sufficiently establish that the absence of a miter saw guard was the proximate cause of the applicant's injury. Furthermore, the employer's knowledge of the safety violation or the obviousness of the dangerous condition, as required by statute, was not adequately proven on this record.

Workers' Compensation Appeals BoardSerious and Willful MisconductLabor Code Section 4553.1Safety Standard ViolationMiter Saw GuardProximate CauseIndustrial InjuryFindings and AwardReconsiderationOpinion and Order
References
Case No. ADJ9440770 ADJ8897603
Regular
Nov 02, 2016

LEE WOOLEVER (Deceased); PENNY WOOLEVER; DEPARTMENT OF INDUSTRIAL RELATIONS DEATH WITHOUT DEPENDENTS UNIT vs. CITY OF LONG BEACH

This case concerns a claim for workers' compensation death benefits by Penny Woolever, the ex-wife of deceased employee Lee Woolever. Ms. Woolever argued she was a total dependent despite their divorce due to ongoing financial support and a close relationship. The Workers' Compensation Appeals Board affirmed the finding that she was not a dependent, as their divorce was final and they never resumed cohabitation. The Board distinguished this case from precedent allowing dependency claims based on reconciliation. Consequently, the death benefit was awarded to the Department of Industrial Relations, Death Without Dependents Unit.

Esophageal cancerDeath benefitsDependency claimLabor Code section 3502Reconciliation of marriageSpousal supportTotal dependentDivorce decreeWCJ ReportLloyd Corporation
References
Case No. ADJ1676007 (LBO 0350636) ADJ585219 (LBO 0364031)
Regular
May 17, 2011

SUSAN STONE vs. JC PENNY, CHARTIS INSURANCE COMPANY

A lien claimant sought reconsideration, arguing their lien for medical-legal services was not addressed by the WCJ's findings. The WCJ recommended denial, stating the lien was not at issue. However, the lien claimant subsequently withdrew their petition after resolving the claim with the defendant. Therefore, the Workers' Compensation Appeals Board dismissed the petition for reconsideration.

Lien claimantPetition for reconsiderationWorkers' Compensation Appeals BoardFurther Findings and Award & OrderFurther Findings and OrderMedical-legal servicesWCJDismissedResolved lien claimFriedman Psychiatric Medical Group
References
Case No. OAK 304523
Regular
Aug 16, 2007

SHERRYL ENOS vs. J.C. PENNY, AMERICAN HOME ASSURANCE

The Workers' Compensation Appeals Board granted reconsideration to reverse a finding of 50% apportionment of permanent disability. The Board found that the Agreed Medical Examiner's apportionment opinion lacked substantial medical evidence, specifically failing to explain the causation in terms of reasonable medical probability. Consequently, the Board awarded 44% permanent disability with no apportionment and deferred the EDD lien.

Workers' Compensation Appeals BoardIndustrial InjuryHairdresserRight Foot InjuryPermanent DisabilityApportionmentSubstantial Medical EvidenceAgreed Medical ExaminerPes PlanusObesity
References
Case No. MON 0358052
Regular
May 05, 2008

PENNY HINES vs. RITE AID CORPORATION, TRAVELERS PROPERTY CASUALTY

The Workers' Compensation Appeals Board dismissed Rite Aid Corporation's petition for reconsideration because it was unverified and lacked specific legal and factual support. The petition failed to meet the verification requirement of Labor Code section 5902, and the defendant did not cure this defect or provide a compelling reason for its absence. Even if the petition had been procedurally sound, the Board would have denied it based on the WCJ's report.

Petition for ReconsiderationUnverified PetitionSkeletal PetitionLabor Code Section 5902Verification DefectLucena v. Diablo Auto BodyWCJ ReportDismissalStipulationsAward Approving Stipulations
References
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