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

Case No. ADJ6528393
Regular
May 18, 2012

OFELIA SALCEDO vs. P.F. CHANG'S CHINA BISTRO, CHUBB GROUP

The Appeals Board granted reconsideration, rescinded the WCJ's award, and returned the matter for further proceedings. This was because the Board found that neither the treating physician's reports nor the QME's report constituted substantial evidence to support the original award. The Board requires further development of the record, potentially through re-evaluations with both physicians, to properly assess the applicant's permanent disability. Therefore, the defendant's contentions regarding evidentiary issues are currently moot.

Workers' Compensation Appeals BoardOfelia SalcedoP.F. Chang's China BistroChubb GroupReconsiderationFindings Orders and AwardAdministrative Law JudgeIndustrial InjuryLeft HandFourth and Fifth Digits
References
Case No. ADJ2638408 (ANA 0371680)
Regular
Feb 05, 2009

ALLYSON COOK vs. AMERICAN EXPRESS, TRAVELERS INSURANCE COMPANY

This case concerns Allyson Cook's claim for increased workers' compensation benefits due to a worsened back condition. The Workers' Compensation Appeals Board affirmed the original judge's finding that Cook's permanent disability increased from 40% to 61%. However, the Board found that 50% of this increase was due to non-industrial degenerative changes, as supported by defense QME Dr. Kornblum's substantial medical opinion. Consequently, Cook is awarded permanent disability indemnity for a 51% rating after apportionment, with a corresponding attorney's fee.

Workers' Compensation Appeals BoardReconsiderationPermanent Disability RatingApportionmentNon-Industrial FactorsQualified Medical EvaluatorLabor Code Section 4663Treating PhysicianVocational ExpertPetition to Reopen
References
Case No. ADJ9658890, ADJ9658880, ADJ9528701
Regular
Feb 11, 2020

Diana Torres vs. Dealers Prep, Inc., Zenith Insurance

This case involves applicant Diana Torres appealing a Workers' Compensation Appeals Board (WCAB) decision. The WCAB granted reconsideration and amended the prior decision from November 27, 2019. The amendment specifically incorporated three additional case numbers (ADJ9658890, ADJ9658880, and ADJ9528701) into the existing decision. Otherwise, the WCAB affirmed the original decision.

Workers Compensation Appeals BoardPetition for ReconsiderationWCJ reportDecision After ReconsiderationCase NumbersLong Beach District OfficeDealers Prep Inc.Zenith InsuranceADJ9658890ADJ9658880
References
Case No. ADJ2688453 (RDG 0108704) ADJ6688904 ADJ7542534
Regular
Feb 25, 2015

DERRICK BURFORD vs. COOK CONCRETE PRODUCTS, EVEREST NATIONAL INSURANCE COMPANY, AMERICAN CLAIMS MANAGEMENT, INC.

The Workers' Compensation Appeals Board (WCAB) dismissed Derrick Burford's Petition for Reconsideration. The WCAB found the petition was untimely, as it was filed more than 25 days after the Workers' Compensation Judge's (WCJ) decision. Filing after this jurisdictional deadline means the WCAB lacks authority to consider the petition. Additionally, the petition failed to state grounds for reconsideration, as noted by the WCJ.

Petition for ReconsiderationUntimely filingDismissedWCABWCJLabor CodeCalifornia Code of RegulationsJurisdictionalService by mailProof of mailing
References
Case No. ADJ9930313
Regular
Oct 30, 2017

JAM KWONG vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS AND REHABILITATION, Legally Uninsured; STATE COMPENSATION INSURANCE FUND

This case involves an applicant, Jam Kwong, who sought workers' compensation benefits. The defense petitioned for reconsideration, arguing the administrative law judge (WCJ) erred in classifying Kwong's occupation. The Workers' Compensation Appeals Board denied reconsideration, adopting the WCJ's report. The WCJ found that while Kwong's core duties involved cooking, his role also integrally included supervising inmates and maintaining safety, warranting the chosen occupational group. The Board gave significant weight to the WCJ's credibility determination, finding no substantial evidence to overturn it.

Petition for ReconsiderationWCABWorkers' Compensation Administrative Law Judgecredibility determinationoccupational grouppermanent disabilityDuty Statementinmate supervisionculinary equipmentphysical
References
Case No. ADJ7723776
Regular
Nov 02, 2013

DEBRA CALORA vs. COUNTY OF SAN LUIS OBISPO

The Workers' Compensation Appeals Board granted reconsideration and amended the original award. The WCJ had found the applicant sustained a 100% permanent disability and was entitled to a 15% increase in indemnity under Labor Code section 4658(d) for the employer's failure to offer work. However, the Board determined that Labor Code section 4658(d)'s provisions, including the 15% increase, do not apply to awards of 100% permanent disability. Therefore, the applicant is not entitled to the 15% increase in permanent disability indemnity.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardCookRight upper extremityBilateral carpal tunnelPermanent disabilityLabor Code section 4658(d)Permanent total disabilityLifetime award
References
Case No. ADJ7108719
Regular
Dec 10, 2012

MARIA RAYA vs. CARL'S JR., TRAVELERS INSURANCE COMPANY

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration to address an issue with the Employment Development Department (EDD) lien. The original award was rescinded and returned to the trial level for further proceedings to determine the existence and impact of an EDD lien on benefits. This determination is necessary as the applicant testified to receiving disability payments from the EDD. The WCJ must also address the defendant's other contentions and recalculate attorney's fees if an EDD lien is established.

WCABPetition for ReconsiderationFirst Amended FindingsAward and Orderbilateral upper extremitiescooktemporary total disabilityEmployment Development Department (EDD) lienLabor Code section 4905Labor Code section 4904
References
Case No. OAK 0343209
Regular
Jun 20, 2008

SANTIAGO SANTOS vs. GHIRINGHELLI PIZZA, REPUBLIC INDEMNITY COMPANY

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration because the order suspending action on a proposed settlement was an interlocutory procedural order, not a final decision. The Board found the applicant failed to demonstrate significant prejudice or irreparable harm, noting the judge's concerns about settlement adequacy and the lack of a certified interpreter for the Spanish-speaking applicant. The case will return to the trial level for further proceedings on the settlement's adequacy.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Suspending ActionCompromise and ReleaseAdequacy HearingInterlocutory OrderFinal OrderRemovalCertified InterpreterIndustrial Injury
References
Case No. ADJ3629440 (SRO 0138263) ADJ2314354 (SRO 0138264)
Regular
Feb 26, 2009

SCOTT BENNETT vs. RENAISSANCE MARRIOTT LODGE, MARRIOTT CLAIMS SERVICES

The Workers' Compensation Appeals Board granted reconsideration to amend a prior award. The applicant was found to have sustained industrial injury to his low back. The Board modified the temporary disability period from "June 6, 2006 to the present and continuing" to "June 7, 2006 through October 1, 2007." Jurisdiction was reserved at the trial level regarding temporary disability after October 1, 2007.

Workers' Compensation Appeals BoardReconsiderationTemporary Total DisabilityMedical EvidenceFurther Development of Medical RecordJoint Findings Award and OrderIndustrial InjuryCookCumulative InjuryLow Back Injury
References
Case No. BAK 145900; BAK 146234 BAK 146235
Regular
Sep 26, 2007

AMALIA DIAZ vs. MCDONALDS/GAVINO MANAGEMENT CORPORATION, UNITED STATES FIDELITY & GUARANTEE COMPANY, LWP CLAIMS SOLUTIONS, INC.

The applicant sustained an industrial knee injury and was awarded continuing temporary disability (TDI) based on an amputation exception. Defendant sought reconsideration, arguing knee surgery is not an amputation under Labor Code section 4656(c)(2)(C). The Appeals Board granted reconsideration to apply the recent en banc decision in *Cruz*, which clarified that "amputation" refers to severance of external body parts. The prior award was rescinded and the matter remanded for a new decision consistent with *Cruz*.

Labor Code section 4656subdivision (c)(2)(C)amputation exceptiontotal knee arthroplastytemporary disability indemnitypermanent and stationaryreconsiderationen banc decisionCruz v. Mercedes Benz of San Franciscorescinded
References
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