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

Case No. ADJ9211017
Regular
Mar 28, 2017

JOSE MENDOZA vs. KINGSLEY COMPANIES; SAMSUNG FIRE AND MARINE c/o BROADSPIRE

The Workers' Compensation Appeals Board (WCAB) denied the defendant's petition for reconsideration regarding the denial of a credit for benefits paid. The WCAB found that the administrative law judge's decision not to grant the credit was within their discretion and not an abuse of discretion, considering the lack of wrongdoing by the applicant. The applicant's petition for reconsideration was dismissed as skeletal and unsupported by specific references to the record and legal principles, as required by statute and board rules. Therefore, the WCAB upheld the original denial of the credit and dismissed the applicant's petition.

WCABPetition for ReconsiderationDenying PetitionDismissing PetitionLabor Code section 4909CreditDiscretionary AuthorityEquitable PrinciplesSkeletal PetitionAppeals Board Rules
References
10
Case No. ADJ7318098, ADJ7318105
Regular
Jun 16, 2015

ERLENE ROCHA vs. FIDELITY NATIONAL FINANCIAL, HARTFORD INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of an order denying the defendant's petition for credit. The defendant sought credit for an alleged overpayment of temporary disability benefits. The Board found the initial denial to be a final order, thereby allowing for reconsideration. However, the petition for credit was denied without prejudice, as it was deemed premature pending resolution of potential future medical treatment.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalWCJTemporary Disability BenefitsCreditOverpaymentFinal OrderDeclaration of ReadinessWithout Prejudice
References
5
Case No. ADJ1143803 (OXN 0128653) ADJ2709854 (OXN 0142376)
Regular
Nov 01, 2011

SALVADOR PAZ vs. MARTINEZ PAINTING & WALL COVERING, MB PAINTING, CIGA, for CREDIT GENERAL INSURANCE COMPANY, INTERCARE, CIGA for UNITED PACIFIC INSURANCE COMPANY, INTERCARE, STATE FARM INSURANCE COMPANY, ACE USA

This case involves a painter, Salvador Paz, who sustained cumulative and specific injuries to his back, shoulder, wrist, neck, and foot. The Workers' Compensation Appeals Board denied petitions for reconsideration from State Farm, CIGA, and the applicant. The Board upheld the original findings, which apportioned permanent disability at 72% to the specific injury (CIGA via Credit General) and 28% to the cumulative trauma (ACE USA and State Farm). Liability for temporary disability was also divided, and State Farm's arguments regarding an unequal division and due process were rejected.

CIGAState Farmcumulative injuryspecific injuryapportionmenttemporary disabilitypermanent disabilityvocational expertPetition for ReconsiderationCredit General Insurance
References
1
Case No. ADJ3904838 (LBO 0377238)
Regular
Jun 20, 2015

EDWARD MORSE vs. CONWAY WESTERN EXPRESS, INDEMNITY INSURANCE, CONSTITUTION STATE SERVICE COMPANY

This case involves cross-petitions for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision regarding an injured truck driver. The WCAB granted the defendant's petition to correct a clerical error, increasing the third-party credit from $179,001.50 to $199,001.50. The Board denied the applicant's petition regarding penalties for failure to provide medical treatment, deferring the issue until the application of the credit is determined. The original decision found the applicant sustained industrial injuries to multiple body parts and systems and awarded penalties against the defendant were not warranted.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardIndustrial InjuryTruck DriverNeck InjuryBack InjuryShoulder InjuryKnee InjuryUpper Extremity Injury
References
0
Case No. ADJ1749318 (OAK 0338628)
Regular
Nov 03, 2015

EDGAR PUENTE vs. MACY'S WEST

This case involves Macy's West seeking removal of an order denying their petition for a $500 credit related to a missed QME appointment. The Workers' Compensation Appeals Board granted removal, finding that summary denial of the credit petition would cause prejudice. The Board amended the original order to defer the issue of the credit petition until the applicant's underlying claims are settled or tried. This allows Macy's to present evidence and arguments for the credit at a later, more appropriate stage.

Workers' Compensation Appeals BoardPetition for RemovalOrder Denying Petition for CreditQME appointmentLabor Code section 5811Petition for Creditmedical-legal costmissed appointment feecompensable consequencehypertension
References
3
Case No. ADJ3507926 (MON 0335218)
Regular
Mar 04, 2013

Douglas Maida vs. GEP Entertainment Services, AIG Claim Services, Inc.

The applicant's attorney sought to withdraw from representation due to a breakdown in the attorney-client relationship, primarily stemming from the applicant's frustration over a credit issue. The Workers' Compensation Appeals Board dismissed the petition for reconsideration because the WCJ's order denying withdrawal was not a final order. However, the Board granted the petition for removal, rescinded the WCJ's order, and allowed the attorney's withdrawal. The case is returned to the Presiding Judge to address the unresolved credit issue, potentially through a settlement conference with the applicant appearing in pro per.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalWCJWithdrawal of AttorneyCumulative TraumaStipulations with Request for AwardPermanent DisabilityCreditThird Party Case
References
0
Case No. VNO 470741
Regular
Feb 11, 2008

BERTHA DEICHLER vs. KELLY STAFF LEASING, INC., RSKCO/CONTINENTAL CASUALTY

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration of a $9\%$ permanent disability award, finding no error in the apportionment of disability to non-industrial factors. The Board granted the defendant's petition for reconsideration to clarify credit for time worked and affirmed the original award with minor amendments to the temporary disability section. Jurisdiction was reserved for the parties to resolve the exact credit amount if they cannot do so themselves.

Workers Compensation Appeals BoardPetition for ReconsiderationWCJ Findings Award and OrderIndustrial InjuryBack Knee ElbowTemporary Total DisabilityPermanent DisabilityApportionmentMedical EvidenceCredit for Time Worked
References
0
Case No. ADJ7863081
Regular
Jun 25, 2012

RONNIE BROWN vs. MASTER PLUMBING, RISK ENTERPRISE MANAGEMENT, AMERICAN ALL RISK LOSS

In this workers' compensation case, the defendant sought reconsideration of a prior Board decision that had granted them a Petition for Reconsideration and amended a WCJ's decision to deny the applicant temporary disability indemnity. The defendant argued the Board erred by not finding them entitled to a credit for temporary disability already paid during that period. The Board denied the defendant's petition, stating that the issue of credit for overpayment is discretionary under Labor Code section 4909 and should have been addressed at the trial level by the WCJ. Therefore, the defendant's petition for reconsideration of the denial of the credit was denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationTemporary Disability IndemnityCredit for OverpaymentLabor Code section 4909Findings Award and OrderAdministrative Law JudgeDecision After ReconsiderationMaster PlumbingRisk Enterprise Management
References
0
Case No. VNO 0498694
Regular
Jan 28, 2008

MARTHA RAMIREZ vs. IN HOME SUPPORT SERVICES, STATE OF CALIFORNIA, DEPARTMENT OF SOCIAL SERVICES

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration regarding a credit for overpaid temporary disability benefits. The Board granted the defendant's petition, amending the prior decision to allow the $4,591.50 credit against future permanent disability payments, not future temporary disability, to prevent undue hardship on the applicant. The Board affirmed the application of the 2005 Schedule for rating the applicant's disability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardTemporary Disability IndemnityPermanent DisabilityCredit for OverpaymentPermanent and Stationary Date2005 Schedule1997 ScheduleLabor Code Section 4909
References
3
Case No. ADJ3077817 (ANA 0338837)
Regular
May 09, 2011

FREDY ORELLANA vs. REMEDY TEMP, REMEDY INTELLIGENT STAFFING, INC./SELECT STAFFING, RELIANCE INSURANCE, in liquidation, by INTERCARE INSURANCE SERVICES for CALIFORNIA INSURANCE GUARANTEE ASSOCIATION (CIGA)

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration regarding a credit for overpaid temporary disability. The Board granted the defendant's petition, amending the original finding to clarify that the $\$9,537.12$ overpayment credit applies against permanent disability benefits after attorney fees, not against medical treatment. The Board affirmed the WCJ's findings on the industrial injury and permanent disability award. The defendant's argument regarding a special employer relationship was not explicitly addressed in the final decision summary provided.

CIGAReliance InsuranceliquidationIntercare Insurance Servicesspecial employmentRemedy TempRemedy Intelligent StaffingMaruchancredit for overpaymenttemporary disability
References
0
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