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

Case No. ADJ1226686 (WCK 60788)
Regular
Oct 29, 2008

CATHY BAKER vs. JAMES H. KHOE, D.D.S., ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board corrected a clerical error in a prior decision, specifically changing a finding from "Defendant did unreasonably delay or refuse medical treatment" to "Defendant did *not* unreasonably delay or refuse medical treatment." This correction was made after the defendant alerted the Board to the mistake, and the Board exercised its authority to correct clerical errors at any time. Consequently, the defendant's petition for reconsideration was dismissed as moot.

WORKERS' COMPENSATION APPEALS BOARDCLERICAL ERRORPETITION FOR RECONSIDERATIONLABOR CODE § 5814MEDICAL TREATMENTDELAYREFUSALDECISION AFTER RECONSIDERATIONCORRECTINGDISMISSAL
References
1
Case No. ADJ6951777
Regular
Nov 23, 2010

GINGER LOGAN-CANNON vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND/STATE CONTRACTS SERVICES

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration. The Board rescinded the original September 9, 2010 Findings and Award. A clerical error in a subsequent order setting aside the award, which mistakenly referred to other case numbers, was corrected to include the correct case number. The matter is remanded for further proceedings to address the November 29, 2010 hearing.

Petition for ReconsiderationFindings and AwardClerical ErrorRescindedRemandWorkers' Compensation Appeals BoardWCJAdjusting AgencyLegally UninsuredCompanion Cases
References
3
Case No. ADJ3685729 (SJO 0231212)
Regular
Jun 15, 2009

Eva Diaz vs. Hung Quoc Nguyen individually, and dba SAFETRANS TRANSPORTATION, aka SAFETRANS and UNINSURED EMPLOYERS' FUND

The Workers' Compensation Appeals Board denied the defendant employer's petition for reconsideration of an award finding industrial injury to the applicant's shoulders, back, neck, and psyche. The Board granted the Uninsured Employers Benefits Trust Fund's petition to correct a clerical error in identifying the defendant employer and affirmed the original award with the corrected employer name. The Board also clarified that a prior decision on similar facts was res judicata regarding the injury specifics.

Workers' Compensation Appeals BoardUninsured Employers FundPetition for ReconsiderationFindings and AwardIndustrial InjuryBilateral ShouldersPsychePermanent DisabilityApportionmentLabor Code Section 4663
References
1
Case No. ADJ9737947
Regular
Apr 15, 2016

DOUGLAS CRINGEAN vs. WARNER BROS. STUDIO FACILITIES, WARNER BROS. WORKERS' COMPENSATION

This Workers' Compensation Appeals Board case, involving Douglas Cringean and Warner Bros. Studio Facilities, concerns a clerical error in a prior decision's caption. The Board's decision served on April 11, 2016, incorrectly stated the caption as "Opinion and Order Granting Petition for Reconsideration." The Board is correcting this to the accurate caption, "Opinion and Order Granting Petition for Reconsideration and Decision After Reconsideration." This correction is permissible as clerical errors can be rectified at any time without further proceedings.

Clerical ErrorCaption CorrectionPetition for ReconsiderationDecision After ReconsiderationWorkers' Compensation Appeals BoardAMENDED captionSupplemental ProceedingsADJ9737947Warner Bros. Studio FacilitiesDouglas Cringean
References
1
Case No. ADJ1463911 (AHM 0090590)
Regular
Oct 06, 2008

SUZETTE LADAY vs. COUNTY OF LA/DEPT. OF CHILDREN AND FAMILY SERVICES, Permissibly Self-Insured, administered by ACCLAMATION INSURANCE MANAGEMENT SERVICES

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration because it was filed late, two days after the statutory deadline. The Board noted clerical errors in the original award regarding vocational rehabilitation benefit dates and rates, which it corrected despite the dismissal of the reconsideration petition. The corrected award specifies vocational rehabilitation benefits from November 20, 2002, to November 2, 2007, with specific weekly rates for different periods within that timeframe.

LadayCounty of LA/Dept. of Children and Family ServicesAcclamation Insurance Management ServicesPetition for ReconsiderationUntimely FilingClerical ErrorVocational Rehabilitation BenefitsLabor Code SectionsCode of Civil ProcedureBoard Rule 10390
References
6
Case No. ADJ8689422
Regular
Sep 06, 2013

ALVARO GRAMAJO vs. CAIN'S TIRE, INC., UNITED STATES FIDELITY AND GUARANTY COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration because it was not filed from a final order, as Labor Code § 5900 only permits reconsideration of final decisions. The WCAB denied the defendant's Petition for Removal, finding no demonstration of irreparable harm from a discovery order requiring witness statement production prior to the applicant's deposition. Finally, the WCAB corrected a clerical error in the original award to accurately reflect that the applicant *claims* to have sustained an industrial injury, rather than definitively finding such an injury.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFindings and AwardIndustrial InjuryTire InstallerBack InjuryWitness StatementsDepositionDiscovery Order
References
7
Case No. ADJ3023725 (STK 0186210), ADJ6853419
Regular
Mar 04, 2016

IGNACIO ROA vs. ROHRER BROTHERS/ GENERAL PRODUCE, FREMONT COMPENSATION INSURANCE COMPANY, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, SEDGWICK, XL SPECIALTY/ BROADSPIRE, STATE COMPENSATION INSURANCE FUND

This case involves a clerical error in the date of service for a Workers' Compensation Appeals Board decision. The Board's Opinion and Order Denying Petition for Reconsideration mistakenly listed the service date as March 3, 2016. The Appeals Board issued an order to correct this error, amending the service date to March 4, 2016. This correction was made without granting reconsideration, as such clerical errors can be rectified at any time.

WORKERS' COMPENSATION APPEALS BOARDClerical ErrorDate of ServiceOpinion and OrderReconsiderationAmended DateSupplemental ProceedingsLiquidated Insurance CompanyCalifornia Insurance Guarantee AssociationSedgwick
References
0
Case No. ADJ9437719
Regular
Jul 03, 2018

MARIA RODRIGUEZ vs. BODEGA LATINA CORPORATION dba EL SUPER, YORK RISK SERIVCES, SAFETY NATIONAL

The Workers' Compensation Appeals Board is issuing an order to correct a clerical error in its June 20, 2018 decision. The prior decision, which denied a petition for reconsideration in the case of Maria Rodriguez v. Bodega Latina Corporation, failed to include the official seal of the Appeals Board. This correction is being made without granting reconsideration, as clerical errors can be rectified at any time. The corrected order will now properly include the Appeals Board's seal.

WORKERS' COMPENSATION APPEALS BOARDBODEGA LATINA CORPORATIONEL SUPERYORK RISK SERIVCESSAFETY NATIONALADJ9437719OPINION AND ORDER CORRECTING CLERICAL ERRORclerical errorseal of the Appeals BoardReconsideration
References
0
Case No. ADJ4088637 (RIV 0053165) ADJ622123 (RIV 0068585)
Regular
May 26, 2010

JAMES B. OTT vs. CITY OF ANAHEIM

This case involves an applicant seeking to correct a clerical error in a prior Workers' Compensation Appeals Board (WCAB) decision. The applicant correctly points out that the previously awarded commencement date for temporary total disability indemnity was January 23, 2004, whereas a lower decision had established it as January 23, 2003. The defendant did not dispute the earlier commencement date during their prior reconsideration petition. The WCAB reviewed the file and determined the January 23, 2004 date was indeed a clerical error, ordering its correction to January 23, 2003.

Workers' Compensation Appeals BoardPetition to Correct Clerical ErrorTemporary Total Disability IndemnityCommencement DateService RetirementAmended Findings and AwardWorkers' Compensation Administrative Law JudgeOpinion and Decision after ReconsiderationJoint Findings of Fact
References
3
Case No. ADJ15751788
Regular
Jul 18, 2025

OLGA BENITEZ vs. MISSION FOODS, ARCH INDEMNITY INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board issued an order on July 18, 2025, to rectify a clerical error in a prior decision dated May 29, 2025, concerning case number ADJ15751788. The error involved the omission of the case number from the caption of the earlier Opinion and Order Granting Petition For Reconsideration and Decision After Reconsideration. The Board clarified that this correction was made without the need for granting reconsideration, citing that such errors can be corrected at any time. Additionally, an earlier Petition for Removal, related to the same parties, was dismissed on May 29, 2025, subsequent to its withdrawal by the petitioner.

Workers' Compensation Appeals BoardClerical ErrorOpinion and OrderCase NumberPetition for ReconsiderationPetition for RemovalAdjudication NumberGallagher Bassett ServicesArch Indemnity InsuranceMission Foods
References
2
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