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

Case No. OAK 0307233
Regular
Oct 16, 2007

LESLEY MORRIS vs. PERMANENTE MEDICAL GROUP, ATHENS ADMINISTRATORS

The applicant sought reconsideration of a workers' compensation award, arguing that the five percent permanent disability apportionment was incorrectly applied to the wrong knee and that no prior award existed for her right knee. The Board denied the petition, finding that a prior award for both knees existed, establishing a conclusive presumption of permanent disability. Because the current disability entirely subsumed the prior disability, the Board upheld the apportionment of the five percent permanent disability from the prior award.

Workers' Compensation Appeals BoardPermanente Medical GroupAthens AdministratorsOAK 0307233Petition for ReconsiderationCorrected Supplemental FindingsAward and Orderpermanent disabilityapportionmentLabor Code section 4664
References
3
Case No. MISSING
Regular Panel Decision

Claim of Baltsavias v. Caldor, Inc.

Claimant sustained work-related injuries in August 1975 and March 1977, leading to a permanent partial disability. The Workers’ Compensation Board apportioned the disability 25% to the 1975 case and 75% to the 1977 case, sustaining awards and an allowance for claimant’s former attorneys. The claimant appealed, arguing for permanent total disability and challenging legal fees. However, the court found these arguments outside the scope of the appeal, noting that prior decisions had established the nature and extent of disability and no timely appeal was taken. Reviewing the record, the court found substantial evidence to support the Board’s factual findings regarding carrier responsibility for medical bills and the average weekly wage. Consequently, the Board’s decision was affirmed.

Workers' CompensationPermanent Partial DisabilityAppealBoard DecisionMedical BillsAverage Weekly WageCausally Related DisabilityTimelinessLegal FeesReopened Cases
References
0
Case No. MISSING
Regular Panel Decision

Linger v. Anchor Motor Freight, Inc.

Claimant sustained permanent partial disabilities from two 1977 accidents and one 1980 accident, leading to separate awards from different employers and their respective insurance carriers. Initially, the claimant received concurrent benefits exceeding the statutory maximum rate. Upon discovering these concurrent payments, a joint hearing was held. An Administrative Law Judge apportioned the award, which was subsequently affirmed by the Workers' Compensation Board, stating that concurrent awards exceeding the statutory maximum for a permanent partial disability were impermissible. The claimant appealed this decision, arguing for a per-accident application of the statutory maximum. However, the appellate court affirmed the Board's decision, asserting that the Workers' Compensation Law establishes an overall maximum rate for permanent partial disability regardless of the number of accidents or employments.

Permanent Partial DisabilityConcurrent AwardsStatutory MaximumApportionmentMultiple AccidentsWage LossJudicial PrecedentAdministrative Law JudgeWorkers' Compensation BoardInsurance Carriers
References
2
Case No. ADJ1099369
Regular
Jul 01, 2009

SANDRA SMULLEN vs. CITY OF SAN DIEGO, PERMISSIBLY SELF-INSURED

The Workers' Compensation Appeals Board granted reconsideration of a prior award, finding that the applicant's pre-2005 treating physician reports sufficiently indicated permanent disability. Consequently, the Board applied the 1997 permanent disability rating schedule instead of the 2005 schedule. This resulted in an amended award of 56 percent permanent disability based on the stipulated rating under the 1997 schedule. The decision reversed the prior award that had utilized the 2005 schedule and awarded 35 percent permanent disability.

Workers' Compensation Appeals BoardPermanent Disability Rating Schedule2005 Rating Schedule1997 Rating ScheduleLabor Code section 4660(d)Petition for ReconsiderationIndustrial InjuryPolice OfficerBack InjuryTreating Physician
References
6
Case No. ADJ6816541
Regular
Apr 26, 2010

XAVIER GRAVES vs. COUNTY OF SAN DIEGO SHERIFF'S DEPARTMENT, COUNTY OF SAN DIEGO

The Workers' Compensation Appeals Board granted reconsideration of a prior award. The defendant sought apportionment of the applicant's permanent disability based on a prior award, arguing it represented overlapping conditions. However, the defendant failed to provide medical evidence in the current AMA Guides format for the prior disability. Consequently, the Board affirmed the amended award of 30% permanent disability, disallowing apportionment to the prior award.

Workers Compensation Appeals BoardXavier GravesCounty of San Diego Sheriff's Departmentpermanent disabilityapportionmentAgreed Medical EvaluatorAMA GuidesPermanent Disability Rating ScheduleKopping v. Workers' Comp. Appeals Bd.Mercier v WCAB
References
2
Case No. MISSING
Regular Panel Decision
Dec 30, 2015

Matter of Curcio v. Sherwood 370 Management LLC

The claimant, a building engineer, sustained a work-related back and neck injury, initially classified as a permanent total disability by a Workers' Compensation Law Judge (WCLJ) with awarded counsel fees. The Workers' Compensation Board (Board) modified this, finding a permanent partial disability with a 90% loss of wage-earning capacity and reduced counsel fees due to an improperly completed application. The appellate court affirmed the Board's decision, citing substantial medical evidence supporting a partial disability and a 90% loss of wage-earning capacity based on the claimant's age, education, work history, and functional abilities. The court also upheld the reduction of counsel fees due to the attorney's failure to accurately complete the required fee application form.

Permanent Partial DisabilityWage-Earning Capacity LossWorkers' Compensation BenefitsCounsel FeesMedical EvidenceVocational FactorsOC-400.1 ApplicationAdministrative AppealAppellate DivisionMedical Impairment Guidelines
References
12
Case No. ADJ744235
Regular
Aug 11, 2009

ROBERT RATTO vs. CURTIN AIR FREIGHT, INC., STATE COMPENSATIN INSURANCE FUND

This case concerns a worker seeking reconsideration of a prior permanent disability award. The applicant argued their back and psychiatric conditions combined to increase their overall permanent disability to 73%. The Appeals Board granted reconsideration, finding that a prior award for the back injury could not be reopened due to pre-SB 899 apportionment issues. However, the Board allowed for a combined rating of 70% by including the psychiatric disability with the previously awarded orthopedic disability, thus increasing the total permanent disability. The applicant's attorney was awarded a fee based on this increase.

ReconsiderationNew and further disabilityIndustrial injuryPsyche injuryPermanent disabilityApportionmentSB 899Agreed Medical EvaluatorStipulated AwardPetition to reopen
References
1
Case No. ADJ2192153 (OXN 0130828) ADJ710643 (VEN 0118981)
Regular
Oct 29, 2010

Shelley Moran vs. DEPARTMENT OF YOUTH AUTHORITY, SCIF INSURED OXNARD

The Workers' Compensation Appeals Board granted reconsideration to award the applicant total permanent disability. The WCAB found that the prior 24% permanent disability award for a low back injury did not overlap with the applicant's current cumulative trauma injury to her right shoulder. Therefore, apportionment of the current total permanent disability award to the prior award was not permitted.

Workers Compensation Appeals BoardCumulative Trauma InjuryPermanent DisabilityApportionmentOverlapSpecific InjuryNew and Further DisabilityAgreed Medical ExaminerNarcotic DependencePain Syndrome
References
5
Case No. ADJ4117874 (MON 0249422)
Regular
Nov 19, 2013

JOANN VAN ALLEN vs. CITY OF LOS ANGELES/REGISTRAR-RECORDER, #710, Permissibly Self-Insured, Administered by ACCLAMATION INSURANCE MANAGEMENT SERVICES

The Workers' Compensation Appeals Board amended a prior award to grant the applicant 93% permanent disability after apportionment, reducing it from 100%. This decision acknowledged the applicant's extensive industrial injuries but applied Labor Code section 4664 to apportion disability based on a prior award for a back injury. The Board found that while the applicant was indeed totally permanently disabled, a portion of her disability was attributable to non-industrial factors and prior industrial injuries, thus precluding a 100% award. The case was returned to the trial level for calculation of the new award and attorney fees.

Workers Compensation Appeals BoardReconsiderationPermanent DisabilityApportionmentAgreed Medical ExaminerLabor Code Section 4664LeBoeuf v. Workers' Comp. Appeals Bd.Vocational ExpertIndustrial InjuryOrthopedics
References
1
Case No. ADJ6796881
Regular
Sep 12, 2011

Ted Parker vs. COUNTY OF KERN

This case concerns the apportionment of permanent disability for Ted Parker, a deputy sheriff injured in 2008. The County of Kern sought reconsideration of a $50\%$ permanent disability award, arguing the judge failed to properly apportion to a prior $20\%$ award for a 2006 injury. The Board granted reconsideration, agreeing that the initial calculation was incorrect. The WCJ's amended decision correctly apportions the prior disability, resulting in a revised award of $43\%$ permanent disability.

Workers Compensation Appeals BoardCounty of KernTed ParkerDeputy Sherifflumbar spinepermanent disabilityapportionmentFindings of Fact and AwardWCJPetition for Reconsideration
References
0
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