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

Case No. ADJ7825548
Regular
Nov 22, 2013

PERRY MASTAW vs. THE SPANOS CORPORATION, NATIONAL UNION FIRE INSURANCE COMPANY

The Applicant seeks reconsideration of a workers' compensation award, alleging fraud and duress in the stipulated settlement. The WCJ recommended granting reconsideration to allow for a hearing on these claims. However, the Appeals Board dismissed the petition as premature. The Board determined that allegations of fraud and duress require a factual hearing at the trial level to develop the record.

ADJ7825548Petition for ReconsiderationStipulations with Request for AwardFraudDuressSet Aside AwardDue ProcessFair HearingWCJ Report and RecommendationTrial Level Hearing
References
Case No. ADJ11075823 (MF); ADJ11130118; ADJ11703310
Regular
Sep 13, 2022

MICHAEL PERRY vs. S2 HR SOLUTIONS 1 D, LLC, BALANCE ENERGY, LLC, SECURITY NATIONAL INSURANCE COMPANY, AMTRUST NORTH AMERICA, INC., COSTCO WHOLESALE CORPORATION, HELSMAN MANAGEMENT SER

The Workers' Compensation Appeals Board (WCAB) denied Michael Perry's petitions for reconsideration, removal, and disqualification. The WCAB adopted the reasoning of the Workers' Compensation Judge (WCJ) who found the petitions lacked merit. Specifically, Perry's claims regarding the exclusion of evidence, reinstatement of a prior Labor Code section 132a petition, and disqualification of the WCJ were denied. The Board found the WCJ's rulings were based on proper legal grounds and that Perry failed to demonstrate substantial prejudice or irreparable harm.

Workers' Compensation Appeals BoardReconsiderationRemovalDisqualificationPetitionLabor Code § 132aLabor Code § 4553Serious and willful misconductVexatious litigantCompromise and release
References
Case No. ADJ3179043
Regular
Nov 12, 2008

TINA PERRY vs. LYONS OF CALIFORNIA, FIREMAN'S FUND INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Tina Perry's petition for reconsideration. The Board upheld the Administrative Law Judge's finding that Perry sustained an industrial injury only to her neck and upper extremities, not her lower body. This decision was based on the independent medical examiner's opinion, which the Board found to be substantial evidence despite applicant's contrary contentions.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardIndustrial InjuryWaitressNeck InjuryUpper ExtremitiesLow Back InjuryHips InjuryKnees Injury
References
Case No. ADJ10657949, ADJ10658047
Regular
Aug 26, 2019

LARRY DAVIS, JR. (Deceased), LYNDA DAVIS vs. PERRIS UNION HIGH SCHOOL DISTRICT, KEENAN & ASSOCIATES

The Workers' Compensation Appeals Board denied Lynda Davis's petition for reconsideration, affirming the finding that her deceased husband, Larry Davis Jr., did not sustain industrial injuries leading to his death. The Board found no industrial causation for death benefits, chest, shoulder, stress, or heart attack claims, despite the applicant's contention of error and request for a psychiatric QME panel. The Board agreed with the administrative law judge that the applicant failed to meet her burden of proving industrial causation by a preponderance of the evidence.

Workers' Compensation Appeals BoardADJ10657949ADJ10658047Lynda DavisLarry Davis Jr. (Deceased)Perris Union High School DistrictKeenan & AssociatesJoint Findings and OrderPetition for ReconsiderationWCJ
References
Case No. ADJ9381507
Regular
Jun 18, 2014

MICHAEL PERRY vs. KAPPL HEATING AND AIR CONDITIONING, CALIFORNIA INSURANCE COMPANY, APPLIED RISK SERVICES, INC.

The Workers' Compensation Appeals Board denied a Petition for Reconsideration filed by the defendant in the case of Michael Perry v. Kappl Heating and Air Conditioning. The denial was based on the defendant's violation of Appeals Board Rules regarding the attachment of extraneous documents and exceeding the page limit for their petition. Furthermore, the Board found no good cause to set aside the Compromise and Release agreement, leading to the petition's outright denial.

Petition for ReconsiderationAppeals Board Rule 10842Appeals Board Rule 10845Compromise and Releaseapplicant fails to state good causedeny reconsiderationWCABADJ9381507Van Nuys District Office
References
Case No. ADJ18890787; ADJ10622598; ADJ10936287; ADJ11180688
Regular
Apr 01, 2025

Kevin Perry vs. Asset Protection and Security Services L.P., Insurance Company of the State of PA

The applicant, Kevin Perry, sought reconsideration of a prior Order Dismissing Case with Prejudice, which was based on the doctrine of res judicata. The Workers' Compensation Appeals Board (WCAB) acknowledged that the petition was timely filed within the 60-day statutory period. However, due to the absence of a complete evidentiary record from the lower tribunal, the WCAB was unable to adequately review the applicant's contentions. Consequently, the Petition for Reconsideration was dismissed as premature, and the matter was returned to the Presiding Workers' Compensation Judge (PWCJ) with a recommendation to treat the original petition as one to set aside the initial Order Dismissing, allowing for further proceedings and a new decision that can then be subject to reconsideration.

Res judicataVexatious litigantPetition for reconsiderationOrder dismissing case with prejudiceLabor Code section 5909Cumulative traumaAsset Protection and Security ServicesGallagher Bassett ServicesAIG ClaimsApplication for Adjudication of Claim
References
Case No. ADJ11075823
Regular
Apr 02, 2018

MICHAEL PERRY vs. S2 HR SOLUTIONS 1D, LLC, BALANCE ENERGY, LLC, SECURITY NATIONAL INSURANCE COMPANY, AMTRUST NORTH AMERICA, INC.

The Workers' Compensation Appeals Board (WCAB) dismissed Michael Perry's Petition for Reconsideration because he failed to serve adverse parties and file a proof of service. This procedural defect alone is grounds for dismissal under Labor Code section 5905. Furthermore, any new issues raised in the petition were untimely and waived because they were not raised in the prior Petition for Disqualification. Therefore, the WCAB dismissed the Petition for Reconsideration.

Petition for ReconsiderationPetition for DisqualificationProof of ServiceAdverse PartiesDismissalLabor Code section 5905Cal. Code Regs tit. 8 § 10850Untimely IssuesWaiverPetition for Removal
References
Case No. ADJ9383421
Regular
Oct 26, 2016

MARIA ZAMORA DE RAMIREZ vs. HOSPITALITY STAFFING SOLUTIONS, LLC, ACE INSURANCE

This case involved an applicant seeking reconsideration of a Workers' Compensation Appeals Board (WCAB) decision. The applicant's new attorney argued that prior counsel, the Law Offices of Robin Jacobs, engaged in bad faith by filing a frivolous attorney's fee lien. The WCAB agreed that while the prior counsel's conduct wasn't entirely frivolous, they were not entitled to an attorney's fee. This was because the services provided were minimal, not performed by a licensed attorney, and lacked proper disclosure of non-attorney staff involvement, thus failing to meet statutory requirements for a reasonable fee.

Workers' Compensation Appeals BoardHospitality Staffing SolutionsAce InsurancePetition for ReconsiderationAttorney Fee LienFrivolous ConductBad FaithLabor Code Section 5813WCAB Rule 10773Reasonable Attorney Fee
References
Case No. ADJ12533356
Regular
Feb 15, 2023

PERRY MOREFIELD vs. COUNTY OF VENTURA

This case was remanded by the Court of Appeal due to an error in the applicant's permanent disability rating. The Appeals Board's prior decision has been amended to reflect a corrected permanent disability rating of 47%. This amended rating warrants an award of $72,500.00 in permanent disability indemnity, payable over 250 weeks. Attorney's fees have also been adjusted accordingly, totaling $12,181.13.

Workers' Compensation Appeals BoardRemandCourt of AppealPermanent Disability RatingPermanent Disability IndemnityAttorney's FeesFindings of FactAwardReconsiderationAnnulment
References
Case No. ADJ9589226
Regular
Feb 16, 2016

MICHAEL PERRY, vs. DIRECTV; ZURICH AMERICAN,

The Workers' Compensation Appeals Board granted reconsideration and rescinded the WCJ's award of temporary disability benefits. The Board found that the issue of whether the employer's offer of modified work was valid and reasonable, considering transportation limitations and the provision of a company vehicle, requires further factual development. The case is returned to the trial level for additional proceedings and a new decision by the WCJ on these complex issues.

Petition for ReconsiderationTemporary DisabilityModified Work OfferTransportationCompany VehicleCommuting DistanceGood FaithReassignmentAverage Weekly WageWCJ Decision
References
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