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

Case No. ADJ8642799
Regular
Nov 01, 2018

ARTURO LEDESMA vs. BARRETT BUSINESS SERVICES, INC.

The Appeals Board denied defendant's petition for reconsideration of an order finding applicant temporarily totally disabled. The Board affirmed that the Employment Development Department (EDD) is entitled to recover its lien for disability benefits paid during the period of temporary total disability. Temporary disability is not subject to apportionment, though liability for such benefits between carriers on successive injuries can be addressed through contribution proceedings. The Board found substantial evidence supported the temporary disability finding, including EDD records and QME Sofia's reports noting applicant was off work.

Workers' Compensation Appeals BoardArturo LedesmaBarrett Business ServicesInc.Corvel CorporationADJ8645906Employment Development DepartmentEDD lienQualified Medical ExaminerPeter J. Sofia
References
Case No. ADJ4350794
Regular
Jun 07, 2011

Harold J. Rucker vs. County of Sacramento

The Workers' Compensation Appeals Board (WCAB) denied Harold J. Rucker's Petition for Reconsideration in this case against the County of Sacramento. The WCAB adopted and incorporated the reasoning of the workers' compensation administrative law judge's report. They specifically acknowledged considering Rucker's supplemental petition. Therefore, the Petition for Reconsideration was officially denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law Judge ReportSupplemental PetitionDeny ReconsiderationCal.Code Regs. tit. 8 § 10848County of SacramentoHarold J. RuckerADJ4350794SAC 0361547
References
Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ3147799 (RIV 0080159)
Regular
Aug 19, 2010

PETER TORCELLINI vs. SATURN ELECTRIC INC.

The Workers' Compensation Appeals Board denied Saturn Electric's petition for reconsideration, affirming the finding that Peter Torcellini sustained an injury arising out of and occurring in the course of his employment. The Board found that the Qualified Medical Evaluator's opinion constituted substantial medical evidence supporting the conclusion that a work-related stressor, even if subjectively experienced by the applicant, triggered the plaque rupture causing his cardiac arrest. The Board reasoned that the applicant's testimony about finding the work stressful and the medical opinion linking the rupture to an immediate stress response provided a reasonable basis for the finding. Defendant failed to provide evidence to contradict this medical opinion.

Workers' Compensation Appeals BoardReconsideration DeniedFinding of FactSaturn Electric Inc.Peter TorcelliniCirculatory System InjuryHeart AttackHypoxic Brain InjuryUnderground Utility TechIndustrial Causation
References
Case No. ADJ8723363
Regular
May 22, 2014

PETER HEWITT vs. WHOLE FOODS MARKET, ACE AMERICAN INSURANCE COMPANY

In ADJ8723363, Peter Hewitt, the applicant, filed a Petition for Removal. The petitioner subsequently withdrew the petition. Consequently, the Workers' Compensation Appeals Board has dismissed the Petition for Removal, and no further action will be taken.

Petition for RemovalDismissedWithdrawnWorkers' Compensation Appeals BoardWhole Foods MarketACE American Insurance CompanyGallagher Bassett ServicesPeter HewittADJ8723363Sacramento District Office
References
Case No. ADJ8661529
Regular
Dec 23, 2016

PETER HANSEN vs. PAR ELECTRICAL CONTRACTORS, INC.; GALLAGHER BASSETT SERVICES

This case involves a workers' compensation claim by Peter Hansen for injuries sustained on October 1, 2012. The administrative law judge initially found the injury not compensable, concluding applicant's intoxication was the substantial and proximate cause. On reconsideration, the Board affirmed this decision, finding the employer met its burden of proof. Medical evidence, including a toxicologist's opinion, established that applicant's blood alcohol level at the time of the fall, estimated to be 0.165 or higher, caused significant impairments leading to the injury.

Workers' Compensation Appeals BoardPar Electrical ContractorsGallagher Bassett ServicesPeter Hansenlinemanintoxicationsubstantial and proximate causeblood alcohol testQualified Medical EvaluatorDr. Mummaneni
References
Case No. ADJ3590098 (AGO 0012985) ADJ1209123 (AGO 0012984) ADJ3901810 (AGO 0012983)
Regular
Apr 07, 2009

GERALDINE UMBENHAUER vs. J.C. PENNEY, LIBERTY MUTUAL INSURANCE COMPANY

This case involves Geraldine Umbenhauer's claims for industrial injuries sustained while working for J.C. Penney. The administrative law judge (WCJ) found three injuries to the back, knees, and hands, but denied claims for psychological, internal, and fibromyalgia conditions. The WCJ awarded 53% permanent disability, apportioning 50% to non-industrial causes, and a ten-year period of temporary disability. The Appeals Board granted reconsideration due to a lack of support in the record for the WCJ's 50% apportionment of bilateral knee disability, ordering the matter returned for a new determination on apportionment and further proceedings regarding temporary disability indemnity.

WORKERS' COMPENSATION APPEALS BOARDGERALDINE UMBENHAUERJ.C. PENNEYLIBERTY MUTUAL INSURANCE COMPANYADJ3590098ADJ1209123ADJ3901810OPINION AND ORDERSGRANTING RECONSIDERATIONDECISION AFTER RECONSIDERATION
References
Case No. ADJ7731222
Regular
Apr 29, 2014

J. MICHAEL DEVROOM (Deceased), PAMELA FELCHER (Widow) vs. DEPARTMENT OF CONSUMER AFFAIRS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration, affirming the WCJ's decision except for specific amendments. The applicant's widow, Pamela Felcher, was awarded a $250,000 death benefit for her deceased husband, J. Michael Devroom, with payments commencing June 23, 2010. This award is subject to credit for CALPERS payments and attorney fees, and the deceased was found to be a safety-classified employee exempting him from certain statutory limitations. Additionally, Ms. Felcher is entitled to $2,109.02 for burial expenses, and attorney fees of $37,500 are awarded.

Workers' Compensation Appeals BoardPamela FelcherJ. Michael DevroomDepartment of Consumer AffairsState Compensation Insurance FundPetition for ReconsiderationDecision After ReconsiderationDeath BenefitCALPERS CreditLabor Code Section 4707(b)
References
Case No. ADJ8235335 ADJ10301846
Regular
Dec 23, 2019

JACK KESSLER vs. E&J GALLO WINERY

This case involves a Petition for Reconsideration filed by E&J Gallo Winery that was dismissed as untimely. The petition was filed on October 28, 2019, exceeding the 25-day jurisdictional deadline for filing after the WCJ's September 30, 2019 decision. The Appeals Board emphasized that filing proof of mailing within the deadline is insufficient; the petition must be received by the Board. Furthermore, the Board noted that the same issues raised had been previously addressed, warranting potential sanctions for frivolous conduct.

Workers' Compensation Appeals BoardPetition for ReconsiderationUntimely FilingJurisdictional Time LimitMailing vs. FilingWCJ DecisionSanctionsFrivolous ConductReconsideration DenialAdministrative Law Judge
References
Case No. ADJ1575513 (ANA 0339482) ADJ4199991 (ANA 0342546)
Regular
Jun 16, 2017

ELIZABETH ORTEGA vs. REMEDY TEMPORARY SERVICES, RELIANCE NATIONAL INSURANCE, In Liquidation, Adjusted By INTERCARE INSURANCE COMPANY, J.C. PENNEY, LIBERTY MUTUAL INSURANCE COMPANY

This case involves Applicant Elizabeth Ortega's workers' compensation claim against Remedy Temporary Services, Reliance National Insurance, J.C. Penney, and Liberty Mutual Insurance Company. The Workers' Compensation Appeals Board reviewed the petition for reconsideration filed by one of the parties. After careful consideration of the record and the report of the workers' compensation judge, the Board denied the petition.

Workers Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law Judgedenial of reconsiderationRemedy Temporary ServicesReliance National InsuranceIntercare Insurance CompanyJ.C. PenneyLiberty Mutual Insurance CompanyElizabeth Ortega
References
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