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

Case No. SRO 0134752
Regular
Nov 27, 2007

KARA LORD vs. JOHN & DONNA SKEEN, STATE FARM INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration of the September 5, 2007 award as untimely. The Board also denied the applicant's petition for reconsideration of the September 25, 2007 commutation order, finding no evidence to support the requested $20,000.00 commutation for a Social Security debt. Applicant may seek future commutation if she provides supporting evidence.

Workers' Compensation Appeals BoardPetition for ReconsiderationStipulationsPermanent DisabilityAttorney's FeeCommutationSocial Security DebtUntimely PetitionJurisdictional Time LimitWCJ Order
References
2
Case No. ADJ162531 (SFO 0487527)
Regular
May 10, 2010

ELIZABETH REIERSTAD vs. VSC SPORTS, CASUALTY RECIPROCAL EXCHANGE, In Liquidation, Administered By CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

The Workers' Compensation Appeals Board denied defendant's petition for reconsideration, upholding the initial award of 100% permanent disability and medical treatment for the applicant's industrial injury. The Board also granted the applicant's petition for reconsideration regarding an attorney fee dispute. The prior order concerning the commutation of attorney fees to a lien claimant was vacated and remanded for further proceedings to clarify the settlement agreement between the applicant's former and current attorneys. The Board cautioned the defendant regarding procedural rule violations in their lengthy petition.

California Insurance Guarantee AssociationVSC Sportsindustrial injuryskating instructorleft ankleright foottoepermanent disabilitypermanent total disabilityearning capacity
References
5
Case No. ADJ2969875
Regular
Nov 16, 2012

ROBERTA FRANCINE YOUNG vs. COUNTY OF MONTEREY, LIBERTY MUTUAL INSURANCE GROUP

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the WCJ's denial of her petition for commutation. The WCJ found that commuting benefits to allow the applicant to purchase a home would result in a net monthly loss of income, based on projected expenses exceeding her reduced income. Applicant argued the WCJ failed to consider future income increases and the stabilization benefits of homeownership. The Board agreed with the WCJ's findings and suggested a new petition could be filed in the future, addressing cognitive disability and financial assistance resources.

Petition for CommutationFindings and OrderWCJ ReportMonthly ExpensesRent PaymentsStorage UnitPG&EHomeowners InsuranceProperty TaxesWorkers' Compensation Payments
References
0
Case No. ADJ19302164
Regular
Oct 13, 2025

CHRISTOPHER GOWEN vs. CITY OF LOS ANGELES POLICE DEPARTMENT; permissibly SELF-INSURED

The Workers' Compensation Appeals Board denied the Petition for Reconsideration filed by the City of Los Angeles Police Department. The petition challenged an arbitrator's decision to grant a partial commutation of permanent disability payments to applicant Christopher Gowen, which was intended to cover costs for building his home in Missouri after a significant income loss due to industrial injury. The Appeals Board adopted the arbitrator's reasoning, finding the commutation was within discretion and based on legitimate need, particularly for building materials and construction overruns not covered by the original loan. The decision affirmed the partial commutation of approximately $66,334.98 from the applicant's outstanding permanent disability award.

Workers' Compensation Appeals BoardPetition for ReconsiderationLabor Code section 5909Arbitrator's ReportElectronic Adjudication Management SystemEAMSTransmission DateNotice of TransmissionPetition for CommutationPermanent Disability
References
4
Case No. ADJ2837987 (SFO 0412465)
Regular
Feb 11, 2011

KEVIN COOK vs. INDEPENDENT CONSTRUCTION, REPUBLIC INDENMITY SAN FRANCISCO

The Workers' Compensation Appeals Board (WCAB) dismissed defendants' petitions for reconsideration because the Workers' Compensation Judge's (WCJ) order to develop the record was not a final determination of any substantive issue. The WCAB also denied the defendants' petitions for removal, finding that the WCJ acted within their authority to ensure due process. The WCJ's order allowed for the development of the record, including potential testimony from a realtor, Mr. Bonafede, to address the applicant's request for commutation. This action aimed to preserve defendants' rights and did not preclude them from seeking rebuttal evidence.

WORKERS' COMPENSATION APPEALS BOARDRepublic Indemnity San FranciscoIndependent Construction CompanyOrder to Vacate SubmissionDevelop the Recordcommutationhearsay rulecross examineMandatory Settlement Conferenceexpert witness
References
1
Case No. ADJ15495436
Regular
Feb 18, 2025

Calvin Grigsby vs. Grigsby and Associates, State Farm Fire and Casualty Company

The Workers' Compensation Appeals Board considered two petitions from the applicant, Calvin Grigsby: a December 9, 2024 Petition for Reconsideration and/or Removal, and a December 24, 2024 Petition for Removal. The Board dismissed the reconsideration aspect of the December 9th petition as it pertained to non-final orders and denied removal, finding no demonstration of irreparable harm. The subsequent December 24th petition was also dismissed as it challenged the same December 4, 2024 orders. The Board also noted the applicant's failure to comply with page limits for the petition.

Petition for ReconsiderationPetition for RemovalNonfinal OrdersLabor Code Section 5909Electronic Adjudication Management SystemFinal OrderInterlocutory DecisionsSubstantial PrejudiceIrreparable HarmSupplemental Pleadings
References
15
Case No. ADJ7768905
Regular
Sep 13, 2016

TRACEY LOMBARDI vs. SCRIPPS MEMORIAL HOSPITAL, SEDGWICK CMS

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition, which sought disqualification of the administrative law judge, removal, and reconsideration. The disqualification petition was denied as untimely, filed after the swearing of the first witness. The removal petition failed to demonstrate substantial prejudice or irreparable harm. Finally, the reconsideration petition was dismissed because it did not seek review of a final order, but rather an interlocutory procedural decision.

Workers' Compensation Appeals BoardPetition for DisqualificationPetition for RemovalPetition for ReconsiderationLabor Code Section 5311Appeals Board Rule 10452Untimely PetitionExtraordinary RemedySubstantial PrejudiceIrreparable Harm
References
6
Case No. SFO 495568
Regular
Nov 26, 2007

State OF PAUL MARINO vs. ROSSI COMMERCIAL CONSTRUCTION, REDWOOD FIRE AND CASUALTY

The Workers' Compensation Appeals Board denied the estate's petition to receive a death benefit, adhering to precedent that Labor Code section 4702(a)(6)(B) is unconstitutional. However, the Board granted the employer's petition to amend the award to reflect the requirement of commuting and adjusting the $125,000.00 payment to the Department of Industrial Relations, Death Without Dependents Unit, at a 3% annual interest rate as mandated by Labor Code section 5101. The employer is thus required to pay this adjusted sum to the Department as the deceased had no dependents.

Workers' Compensation Appeals BoardEstate of Paul MarinoRossi Commercial ConstructionRedwood Fire and Casualtydeath benefitLabor Code section 4702Labor Code section 5101Six Flags v. Workers' Comp. Appeals Bd. (Bunyanunda)City and County of San Francisco v. Workers' Comp. Appeals Bd. (Weibe)Death Without Dependents Unit
References
2
Case No. ADJ6716371
Regular
Apr 16, 2012

ANDREW WEITNAUER vs. SACRAMENTO COUNTY SHERIFF'S DEPARTMENT

This case involves an applicant seeking to commute his permanent disability award and life pension into a lump sum to purchase a motor home. The administrative law judge denied the commutation, citing the applicant's history of poor financial judgment and the risk of him being unable to meet future expenses. The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, agreeing with the judge's findings. The Board also admonished the applicant's counsel for filing a poorly drafted petition and a confusing letter that failed to comply with procedural rules.

Commutation of awardLife pensionIndustrial injuryCardiovascular systemPermanent disabilityFinancial judgmentForeclosureBest interestsUsurious interestEconomic downturn
References
0
Case No. ADJ3808038 (LAO 0819022)
Regular
Feb 11, 2010

NICOLAS F. BENINKOFF (Deceased), LORENA BENINKOFF (Widow) vs. DARCO METAL SURFACING, INC.; and STATE COMPENSATION INSURANCE FUND

The Appeals Board denied petitions for removal and reconsideration from lien claimants and the defendant, and denied the applicant's reconsideration petition. Lien claimants Kan and Ace's petition for removal was denied as they failed to show substantial prejudice, and their reconsideration petition was dismissed as the prior order was not final. The applicant's reconsideration petition was denied because her claim for home healthcare services was deemed an untimely lien claim under Labor Code section 4903.5.

Workers' Compensation Appeals BoardRemovalReconsiderationLien ClaimantsUntimely LienLabor Code section 4903.5Labor Code section 5405Home Healthcare ServicesMedical TreatmentTransportation Expenses
References
5
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