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

Case No. ADJ8329154, ADJ8329147, ADJ6945103, ADJ8329173, ADJ8329177
Regular
Nov 25, 2013

ENRIQUE ESTRADA TOVAR vs. VILLA AMOROSA CONSTRUCTION, AMTRUST, HILL FAMILY VINEYARD MANAGEMENT and INSURANCE COMPANY OF THE WEST, MARIA'S MARKET and GUARD INSURANCE

This Workers' Compensation Appeals Board case denied the applicant's petition for reconsideration. It granted the defendant's petition in ADJ8329177, amending the prior decision. Specifically, the Board rescinded findings and the award related to employment with Blanket Estates. The amended decision now finds no employment by Blanket Estates for the claimed periods, resulting in no award for the applicant in ADJ8329177.

Workers' Compensation Appeals BoardPetition for ReconsiderationDenialGrantDecision After ReconsiderationFindingsAwardNo EmploymentTake NothingAdjudication of Claim
References
0
Case No. ADJ1909446 ADJ4442303 ADJ2457010 ADJ6752055
Regular
Jun 23, 2010

ERIC GARCIA vs. AMERICAN INSTALLATIONS, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION by SEDGWICK CLAIMS MANAGEMENT SERVICE for LEGION INSURANCE COMPANY, in liquidation

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration and rescinded the Administrative Law Judge's (ALJ) Amended Findings and Award. The Board found the ALJ's original decision regarding credit for temporary disability overpayments lacked adequate legal reasoning. The case is remanded for further proceedings, allowing parties to be heard, and requiring the ALJ to issue a new decision explaining the rationale under applicable law. The applicant's prior petition for reconsideration was dismissed as moot due to the subsequent amended award.

Workers' Compensation Appeals BoardIndustrial InjuryBilateral WristsBilateral ElbowsPsycheTemporary Total DisabilityPermanent DisabilityApportionmentOverpayment CreditAgreed Medical Examiner
References
6
Case No. ADJ626438 (VNO 0450164) ADJ3665608 (VNO 0450166) ADJ3570389 (VNO 0521859) ADJ8592142
Regular
Jun 07, 2013

JOSEPH GIOIA vs. NEFTIN WESTLAKE CAR COMPANY, CALIFORNIA INDEMNITY INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC., FREMONT INSURANCE COMPANY, CIGA

This Workers' Compensation Appeals Board decision denies the petition for reconsideration filed by California Indemnity Insurance Company (CIIC). Conversely, it grants the petition filed by the California Insurance Guarantee Association (CIGA). The original decision of March 18, 2013, is affirmed but amended to reflect specific findings regarding the applicant's employment periods, injuries, and temporary total disability payments. The amendment clarifies insurance responsibilities, with CIIC responsible for 92% of the temporary total disability and Mid-Century/Farmers for 8%.

Workers' Compensation Appeals BoardCIICCIGAPetition for ReconsiderationWCJ ReportInsurance CodeTemporary Total DisabilityLC § 4661.5Joint Findings of FactNeftin Westlake Car Company
References
0
Case No. AHM 0118031; AHM 0118045; AHM 0118046; AHM 0118048; AHM 0118050; AHM 0118332
Regular
May 13, 2008

NHIEN TRAN vs. CARGOTEC, INC., EMPLOYERS SELFINSURANCE SERVICES, INC.

The Workers' Compensation Appeals Board denied the lien claimant's petition for reconsideration of an award of $\$ 2,217.50$ for medical treatment, finding the original decision supported by substantial evidence including an Agreed Medical Examiner's opinion and fee schedule limitations. The Board also dismissed the lien claimant's amended petition for reconsideration as untimely filed, noting it was received after the statutory deadline. Furthermore, a supplemental amended petition was dismissed as unauthorized under Appeals Board rules.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationJoint Findings & Award & OrderAdministrative Law JudgeACOEM GuidelinesCompromise and ReleaseAgreed Medical ExaminerOfficial Medical Fee ScheduleLabor Code section 4604.5
References
4
Case No. ADJ8440661
Regular
Aug 05, 2015

Craig Groth vs. Coastland, Inc., Tower National Insurance

The Workers' Compensation Appeals Board (WCAB) dismissed the Petition for Reconsideration because the appealed order was not a final decision determining substantive rights or liabilities. The WCAB granted the Petition for Removal, amending the prior order to allow the admission of a defense vocational expert report. This decision was based on the finding that the defendant's need for this report could not have been discovered with due diligence prior to the mandatory settlement conference. Consequently, the case was returned to the trial level for further proceedings and a new trial date after the expert's evaluation.

WCABPetition for ReconsiderationPetition for RemovalFinal OrderInterlocutory OrderSubstantive RightThreshold IssueMandatory Settlement ConferenceDiminished Future Earning CapacityVocational Expert
References
5
Case No. ADJ9478055
Regular
Mar 18, 2020

CHARLES HART vs. TOWN OF LOS GATOS

This case involves a petition for reconsideration granted by the Workers' Compensation Appeals Board (WCAB). The WCAB adopted the workers' compensation administrative law judge's (WCJ) report and amended the original decision. The amended decision clarifies that the applicant, Charles Hart, sustained temporary disability from August 11, 2011, to November 16, 2016, payable at a specific weekly rate, subject to credits and attorney fees. The amended decision otherwise affirmed the original ruling.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reporttemporary disabilityAugust 112011November 162016$847.01attorney fees
References
0
Case No. ADJ1515176 (AHM 0150456)
Regular
Jan 20, 2012

TERESA AVINA vs. TACO BELL, YUM! BRANDS, ACE AMERICAN INSURANCE administered by GALLAGHER BASSETT

Both Defendant and Lien Claimant petitioned for reconsideration of the WCJ's decision. The Defendant argued that costs awarded to the Lien Claimant for appearing on May 12, 2011, were unsubstantiated and that their request to remove the trial from the calendar was made in good faith. The Lien Claimant argued for an earlier start date for penalties and interest due to an alleged EAMS error. The Appeals Board granted both petitions, amending the award to defer the issue of costs for the May 12, 2011 appearance and deferring the effective date of interest accrual, returning the case for further proceedings.

WCABPetition for ReconsiderationLien ClaimantDeclaration of Readiness (DOR)Labor Code section 5813CostsInterestEAMSTrial BriefFindings & Award & Order (F&A)
References
5
Case No. MISSING
Regular Panel Decision

Claim of Buchanon v. Adirondack Steel Casting Co.

The Workers' Compensation Board's decision and amended decision, which found that the claimant did not have a total industrial disability, were affirmed on appeal. The employer's argument regarding the untimeliness of the claimant's supplemental notice of appeal was rejected due to lack of proof of service for the amended decision. The Board's plenary authority to modify previous decisions was upheld, as no facts indicated arbitrary or capricious action in amending its prior decision. The court concluded that the Board's finding of no total industrial disability was supported by substantial evidence, noting that the case involved a conflict of medical opinion, which is a factual matter for the Board to resolve. All remaining arguments by the claimant were considered and dismissed.

Workers' Compensation Law § 23Industrial DisabilityAppellate ReviewBoard Decision AffirmationMedical Opinion ConflictSubstantial EvidenceTimeliness of AppealArbitrary and Capricious StandardFactual DisputeClaimant's Appeal
References
4
Case No. ADJ3093533 (MON 259690) ADJ676332 (MON 257523)
Regular
May 15, 2009

PEARLENE POWELL vs. SO. CALIFORNIA PERMANENTE MEDICAL GROUP, KAISER PERMANENTE MEDICAL CARE PROGRAM; ST. JOHN'S HEALTH CENTER, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

The Appeals Board denied Kaiser's petition for reconsideration, upholding the finding that the applicant's permanent disability was 100% and not subject to apportionment to St. John's employment. St. John's petition for reconsideration was granted in part to correct a procedural error. The Board amended the prior decision to reinstate the applicant's January 11, 2005 Amended Findings, Award and Order, confirming the prior findings.

ApportionmentAgreed Medical ExaminerSubstantial EvidencePermanent DisabilityReconsiderationPetitionFindings and OrderAmended FindingsAwardOrder
References
1
Case No. ADJ1646985 (SJO 0242758) ADJ4557496 (SJO 0242761)
Regular
Apr 27, 2009

ALMA DIAZ vs. DE HART'S PRINTING SERVICE GROUP; CAMBRIDGE 15901 SACRAMENTO

This case concerns a dispute over the date of injury for applicant Alma Diaz's bilateral upper extremity cumulative trauma. The Appeals Board granted Everest National Insurance Company's petition for reconsideration and denied CIGA's, amending the original award. The Board found that applicant sustained a cumulative trauma injury on April 1, 2000, based on her modified work duties and need for treatment, aligning with *Rodarte*. Consequently, CIGA's petition was denied, and the decision was amended to reflect the corrected injury date.

Workers' Compensation Appeals BoardCIGAEverest National Insurance CompanyDe Hart's Printing Service Groupindustrial injurybilateral upper extremitiesinjurious exposureLabor Code section 5500.5Fremont Compensationcumulative trauma
References
1
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