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

Case No. ADJ3255403 (SDO 0310451) ADJ1056369 (SDO 0343450)
Regular
Feb 04, 2010

PERNELL PRYTHERCH vs. SEA WORLD, INC., PACIFIC EMPLOYERS INSURANCE, ACE PROPERTY AND CASUALTY INSURANCE COMPANY

This case involves an applicant who sustained two industrial injuries in 1992 and 1994, resulting in back, psyche, elbow, and upper extremity impairments. The original award found $25\%$ and $75\%$ permanent disability, respectively, with a May 18, 2006 permanent and stationary date. The defendant sought reconsideration, primarily contesting the attorney's fee calculation and the permanent and stationary date. The Appeals Board granted reconsideration to clarify the attorney's fee, ordering it to be commuted from the end of the permanent disability award in each case. The rest of the original award, including the permanent and stationary date, was affirmed.

Workers' Compensation Appeals BoardPernell PrytherchSea World Inc.Pacific Employers InsuranceACE Property and Casualty Insurance Companypermanent disabilityindustrial injurypsycheleft elbowupper extremities
References
0
Case No. ADJ1624472 (MON 0346823)
Regular
Jan 30, 2015

DANIEL QUARANTO vs. SANTA BARBARA HARLEY DAVIDSON, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and amended the award, deferring the determination of the applicant's permanent and stationary date. The original award of permanent disability and attorney's fees was based on an incorrect date, and the applicant did not have proper notice that this issue would be decided. The Board is returning the case to the trial level to gather medical evidence and properly determine the permanent and stationary date, which will then allow for recalculation of the permanent disability award and attorney's fees.

Permanent and stationary datePetition for ReconsiderationFindings of Fact and Awardattorney's feecommutationLabor Code section 4659(c)DEU commutationAgreed Medical Examinermedical evidenceadverse interest
References
1
Case No. SAL 097348
Regular
Jun 16, 2008

SHERRI BUSA vs. WILLIAM G. ANDERSON, D.D.S., ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and rescinded a previous award because the judge improperly relied on a medical expert's report that exceeded the scope of his retention. The expert was retained solely to assess the need for surgery, not to determine permanent disability or a permanent and stationary date. The case is remanded for further development of the record regarding permanent disability and the permanent and stationary date.

Workers' Compensation Appeals BoardReconsiderationPermanent DisabilityPermanent and Stationary DateAgreed Medical EvaluatorQualified Medical EvaluatorSurgical ConsultMedical-Legal ProcedureFurther Medical TreatmentIndustrial Injury
References
4
Case No. ADJ3566182 (SAL 0077480) ADJ2182459 (SAL 0064054) ADJ3789006 (SAL 0067540) ADJ3867926 (SAL 0067541) ADJ1537096 (SAL 0069548) ADJ3077033 (SAL 0090420) ADJ1445385 (SAL 0100034)
Regular
Nov 07, 2008

JOSE PADILLA vs. CAMPBELL'S FRESH, Permissibly SelfInsured and Adjusted By CONSTITUTION STATE SERVICE COMPANY; LIBERTY MUTUAL INSURANCE COMPANY; TRAVELERS INSURANCE COMPANY; ZURICH AMERICAN INSURANCE COMPANY

The Appeals Board granted reconsideration of the WCJ's decision, rescinding it due to an unresolved issue regarding permanent and stationary dates for the applicant's injuries. The WCJ's reliance on the *Benson* decision for separate permanent disability awards was questioned given that *Benson* was under appellate review. The case is returned to the WCJ to clarify whether the permanent and stationary dates for the various injuries are the same, and to await the appellate decision in *Benson* if they are.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings Award and OrdersPermanent DisabilityReconsiderationCumulative TraumaAgreed Medical EvaluatorApportionmentBenson v. The Permanente Medical GroupWilkinson v. Workers' Comp. Appeals Bd.
References
10
Case No. ADJ124002
Regular
Apr 21, 2011

RAMON RUIZ vs. DOLE FRESH VEGETABLES, SPECIALTY RISK SERVICES

The Appeals Board granted reconsideration and modified a prior award regarding temporary disability overpayments. Defendant sought credit for temporary disability paid during the applicant's off-season and after the permanent and stationary date. The Board denied credit for off-season payments, finding them inequitable. However, credit was allowed for temporary disability paid after the permanent and stationary date, recognizing these payments as advances against permanent disability.

ADJ124002Findings Order AwardPermanent DisabilityTemporary DisabilityCredit for OverpaymentOff-Season EmploymentPermanent and Stationary DateLabor Code 4909Equitable PrinciplesDouble Recovery
References
1
Case No. ADJ4328990
Regular
Sep 21, 2010

JUAN MANUEL VARGAS vs. LINROZ MANUFACTURING, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, BROADSPIRE, SUPERIOR NATIONAL INSURANCE COMPANY

The Appeals Board granted reconsideration to address errors in the original award. The primary issue was the applicant's permanent and stationary date, which the trial judge incorrectly determined based on payment advances rather than the agreed medical evaluator's findings. The Board rescinded the award and returned the case for further proceedings to properly determine the permanent and stationary date and subsequent permanent disability benefits. Outstanding issues regarding other alleged injuries will also be addressed on remand.

Workers' Compensation Appeals BoardLinroz ManufacturingCalifornia Insurance Guarantee AssociationBroadspireSuperior National Insurance CompanyliquidationJuan Manuel Vargaspermanent disabilityvocational rehabilitationagreed medical evaluator
References
5
Case No. POM 0278734
Regular
May 01, 2008

PATRICIA MENDOZA vs. DEPARTMENT OF CORRECTIONS/CALIFORNIA INSTITUTE FOR MEN, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration, rescinded the prior Findings and Award, and remanded the case for further proceedings. This decision addresses conflicting information regarding temporary and permanent disability payments and the permanent and stationary date, and dismisses the lien claimant's petition as premature. The matter will be returned to the WCJ to clarify payment periods, address lien issues, and issue a new decision based on a February 23, 2005 permanent and stationary date.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardPermanent DisabilityApportionmentLien ClaimantDue ProcessCredit for OverpaymentTemporary Disability IndemnityPermanent and Stationary Date
References
0
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
3
Case No. ADJ2564772
Regular
Jun 24, 2010

JUANITA MORALES vs. FRALOCK INDUSTRIES, STATE COMPENSATION INSURANCE FUND, CIGA

This case involved an applicant seeking reconsideration of a Workers' Compensation Appeals Board (WCAB) decision. The original ruling awarded 52% permanent disability for upper extremity injuries but set the payment commencement date at July 31, 2006. The applicant argued this date was not supported by medical evidence. The WCAB granted reconsideration, finding that permanent disability payments should commence on October 8, 2004, the date of the primary treating physician's permanent and stationary report. The original award was otherwise affirmed.

Juanita MoralesFralock IndustriesLockwoodState Compensation Insurance FundCIGALegion InsuranceliquidationADJ2564772VNO 0508264Reconsideration
References
0
Case No. ADJ8386503
Regular
Feb 15, 2019

KENNETH MORRIS vs. COUNTY OF RIVERSIDE

This case involves a deputy sheriff seeking reconsideration of a Workers' Compensation Appeals Board (WCAB) decision. The applicant was awarded an increased permanent disability rating of 83% from his prior 50% award. The defendant sought reconsideration arguing the increased disability payments were not retroactive to the original permanent and stationary date. The WCAB granted reconsideration, amending the findings to acknowledge two maximum medical improvement dates but affirming the applicant's entitlement to increased permanent disability payments retroactive to the earlier date. The WCAB also upheld the penalty for unreasonable delay in payments.

Workers' Compensation Appeals BoardCounty of Riversidedeputy sheriffpermanent disabilitypermanent and stationary datelife pensioncost of living adjustmentCOLALabor Code section 5814agreed medical evaluator
References
7
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