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

Case No. ADJ7673518, ADJ7647749
Regular
Jan 23, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION / CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant sustained industrial injury to her neck. While the applicant testified to injuring her neck in a workplace incident and this was partially corroborated, the Board found insufficient evidence for other claimed injuries. The Board specifically disagreed with the administrative law judge's credibility assessment concerning the neck injury itself, relying on medical reports and testimony supporting the neck injury claim. The Board affirmed the denial of claims for all other alleged injuries, finding insufficient medical evidence to link them to the incident.

Petition for ReconsiderationFindings and OrderIndustrial InjuryNeck InjuryBack InjurySpine InjuryUpper ExtremitiesPsycheGastroesophageal SystemInternal System
References
Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ665971
Regular
Apr 29, 2011

ANTONIE TUR vs. EL POLLO LOCO

The Appeals Board granted reconsideration to clarify a prior award of benefits. Although the defendant timely paid the principal award, they failed to pay post-award interest as required by Labor Code Section 5800. The Board found this failure was not unreasonable, thus denying penalties. However, they amended the original award to explicitly order the defendant to pay post-award interest on both the applicant's and attorney's fees.

Workers' Compensation Appeals BoardSupplemental Findings and OrderStipulated AwardLabor Code Section 5800Labor Code Section 5814Labor Code Section 5814.5Petition for ReconsiderationReport and RecommendationPost Award InterestKoszdin v. Workers' Comp. Appeals Bd.
References
Case No. ADJ781247 (VNO 0510125)
Regular
Feb 01, 2010

Clifford Nichols vs. California Department of Consumer Affairs, STATE COMPENSATION INSURANCE FUND (Adjusting Agent)

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration regarding a Labor Code section 5814 penalty, affirming the penalty was correctly applied to the delayed interest amount, not the underlying award. However, the Board granted reconsideration on its own motion to reverse an attorney's fee award under section 5814.5, as state entities are exempt from this provision. The applicant's attorney was awarded a lien against the penalty and interest, equivalent to 15% of the total amount secured.

Workers' Compensation Appeals BoardLegally UninsuredState Compensation Insurance FundPetition for ReconsiderationFindings of Fact and AwardWCJUnreasonable DelayInterest PaymentTemporary Disability AwardStipulations with Request for Award
References
Case No. ADJ4579659 (AHM 0089109)
Regular
Sep 29, 2010

DEE ANNE RAMIREZ vs. DRIVE FINANCIAL SERVICES, ONE BEACON INSURANCE CO.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to address applicant's claims regarding attorney fees and interest. The WCAB affirmed the previous award but amended a finding to include interest on the compromise and release and rehabilitation settlement, calculated from specified dates, less any payments made. The Board declined to alter the attorney fee, deeming it reasonable given the applicant's attorney's conduct and the outcome. The matter was returned to the trial level for further proceedings to adjust the interest amount.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardWCJAttorney FeeLabor Code section 5814.5Interest on AwardCompromise and ReleaseVocational Rehabilitation SettlementInterest Accrual
References
Case No. ADJ1367543 (POM 0286181)
Regular
May 11, 2012

XJU BIN CAO vs. WO HIN INTERNATIONAL, INC., BERKSHIRE HATHAWAY

The Appeals Board rescinded the WCJ's decision, finding that the November 3, 2010 Stipulation and Order was an enforceable contract despite the parties' differing interpretations of unstated interest and penalty clauses. The Board ruled the lien claimant is entitled to interest under Labor Code section 5800 on the $17,000 payment from the agreement date to payment. However, no penalty was awarded as the defendant's delay in payment was not deemed unreasonable.

Workers' Compensation Appeals BoardReconsiderationStipulation and OrderMeeting of the MindsLabor Code Section 5800Lien ClaimantInterestPenaltiesLabor Code Section 5814Unreasonable Delay
References
Case No. ADJ2529270 (MON0205624)
Regular
Dec 17, 2010

ZOI FOVOS vs. LOS ANGELES UNIFIED SCHOOL DISTRICT permissibly self insured c/o SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board granted reconsideration of a prior decision that found an award was paid timely without penalties. Applicant contended the defendant failed to include interest with the award payment, entitling them to penalties and attorney fees. The Board found the WCJ's decision failed to address the timeliness of interest payment and the applicability of penalties under Labor Code sections 5814 and 5814.5. The case is returned to the WCJ for further proceedings and a new decision regarding potential penalties and attorney fees for the delayed interest payment.

Workers Compensation Appeals BoardPetition for ReconsiderationFindings of FactAwardPenaltyAttorney's FeeInterest on AwardLabor Code Section 4650Labor Code Section 5814Labor Code Section 5814.5
References
Case No. SAL 104703
Regular
Mar 14, 2008

GONZALEZ vs. GILROY FOODS, SEDGWICK CLAIMS MANAGEMENT

This case concerns a supplemental award of attorney's fees under Labor Code § 5801 following the denial of a defendant's petition for writ of review. The Court of Appeal found no reasonable basis for the petition and remanded the case for the Workers' Compensation Appeals Board (WCAB) to award fees for services rendered in connection with that petition. The WCAB affirmed the award of attorney's fees, clarifying that the WCJ lacks jurisdiction to approve fees under § 5801, which is the sole province of the WCAB upon remand.

Labor Code § 5801Petition for Writ of ReviewSupplemental AwardAttorney's FeesRemandWorkers' Compensation Appeals BoardCourt of AppealStipulation and AwardWCJFindings Order and Award
References
Case No. ADJ3616652 (SAC 0296975)
Regular
Feb 07, 2013

SAMUEL WILLIAMS vs. STARVING STUDENTS, LEGION INSURANCE COMPANY, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

This case concerns the applicant's claim for interest on a workers' compensation settlement paid late by Legion Insurance, now administered by CIGA. The applicant was awarded 10% interest on delayed payments, but CIGA sought reconsideration, arguing the interest issue was not properly raised, interest accrued before CIGA's involvement is not covered, and stipulations waived interest. The Appeals Board granted reconsideration, amending the award to apply interest only on payments made on or after March 4, 2003, when CIGA assumed liability, allowing credit for overpayments made to the applicant.

Workers Compensation Appeals BoardLegion InsuranceCIGACompromise and Release AgreementInterest on AwardLiquidationGuarantorStipulationOrder Approving Compromise and ReleaseStatutory Interest
References
Case No. ADJ4260469 (SRO 0081378)
Regular
Jul 13, 2012

JEFFREY KRESS vs. DEPARTMENT OF TRANSPORTATION, STATE OF CALIFORNIA, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration to modify a previous order regarding unreasonably delayed payments for acupuncture treatments and an orthopedic bed. The Board removed the $4,400 Labor Code section 5814.5 attorney's fee, finding it inapplicable to the State of California. They increased the penalty for unreasonable delay to 25% and awarded applicant's attorney a 10% fee on that penalty. The Board also clarified that Labor Code section 5800 interest is due on specific acupuncture visits post-stipulation and award, but not on the orthopedic bed as it lacked a specific award.

Workers' Compensation Appeals BoardReconsiderationFindings and OrderAcupunctureOrthopedic bedLabor Code section 5814.5Attorney's feePrejudgment interestSection 5800 interestStipulation and Award
References
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