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

Case No. ADJ7781989; ADJ8262771
Regular
Oct 03, 2013

MIRIAN GARCIA vs. COOPER COLD FOODS, INC., ILLINOIS MIDWEST INSURANCE AGENCY as administrator for STAR INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) is granting reconsideration of its own prior decision and rescinding a July 23, 2013 decision that had overturned a prior finding of 2% permanent disability for applicant's right knee injury. The WCAB determined that its August 9, 2012 order granting reconsideration was improvidently granted because the applicant had already filed a successive and improper petition for reconsideration. Consequently, the prior order and the subsequent rescinded decision are vacated, and the applicant's petition for reconsideration is dismissed.

WCABReconsiderationPetition for ReconsiderationFindings and AwardAdministrative Law JudgePermanent DisabilityIndustrial InjurySuccessive PetitionImprovidently GrantedVacated
References
4
Case No. ADJ2350990 (LAO 0869298)
Regular
Nov 12, 2010

Zoila Ayala vs. L.A. METROPOLITAN MEDICAL CENTER, THE TRAVELERS COMPANIES, INC.

This case concerns Zoila Ayala's workers' compensation claim for a neck, back, and psyche injury. The applicant seeks reconsideration of a finding that apportioned her permanent disability to a prior 1991 award. The Board granted reconsideration, rescinding the prior award. This action was taken because the defendant failed to prove the extent of overlap between the prior and current disabilities and that both were rated under the same standard, as required by Labor Code section 4664. The matter is returned for further proceedings to determine the proper apportionment.

ApportionmentLabor Code section 4664Permanent DisabilityPrior Industrial InjuryOverlapping DisabilityRating ScheduleAgreed Medical ExaminerOrthopedicsPsychiatryWCJ
References
5
Case No. ADJ1291435
Regular
May 17, 2010

JUAN ANTONIO PEREZ GARCIA vs. TAPIA BROTHERS, STATE COMPENSATION INSURANCE FUND

This case involves a workers' compensation applicant who sustained admitted industrial injuries to his neck, shoulder, and knee. The defendant sought reconsideration, arguing the WCJ erred in not apportioning the permanent disability due to a prior injury settlement. The Appeals Board granted reconsideration, finding the prior compromise and release constituted a prior permanent disability award, requiring an apportionment analysis. The Board rescinded the WCJ's decision and returned the case for further proceedings to determine permanent disability and apportionment based on overlap principles.

ApportionmentCompromise and ReleasePermanent DisabilityOverlap PrinciplesPrior AwardWCJReconsiderationLabor Code § 4664Labor Code § 4663Disability Factors
References
10
Case No. ADJ7036493
Regular
Feb 05, 2015

MITCHELL MEREDITH vs. JH ASKINS INSURANCE COMPANY, STATE COMPENSATION INSURANCE FUND

This case concerns an applicant's petition for reconsideration of a prior award that denied temporary disability benefits for admitted shoulder and upper extremity injuries. The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior award, and returned the matter to the trial level. This action was based on the WCJ's report recommending substitution of a case number and dismissal of the current one, as well as to allow further proceedings. The Board emphasized that the denial of temporary disability was a final order subject to reconsideration under Labor Code section 5900(a).

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardTemporary DisabilityOrthopedic InjuriesLabor Code section 5900(a)Final OrderSubstantive RightLiabilityRescinded
References
5
Case No. ADJ9316299, ADJ11200256
Regular
Jun 10, 2019

CARMEN VACA vs. COUNTY OF LOS ANGELES

The defendant County of Los Angeles petitioned for reconsideration of a prior award. While that petition was pending, the parties reached a Compromise and Release agreement to settle the case. The Appeals Board granted reconsideration, rescinded the prior award, and returned the case to the trial level for proceedings regarding the approval of the settlement. If the settlement is not approved, the defendant can re-raise their reconsideration issues.

Petition for ReconsiderationCompromise and ReleaseJoint Findings and AwardRescindedTrial LevelWorkers' Compensation Appeals BoardAdministrative Law JudgePermissibly Self-InsuredTristar Risk ManagementSanta Ana District Office
References
0
Case No. ADJ10275844
Regular
Apr 26, 2018

MARIA RIVERA vs. WELMORE TOOL & ENGINEERING, OLD REPUBLIC INSURANCE

The Workers' Compensation Appeals Board granted reconsideration of a prior decision in Rivera v. Welmore Tool & Engineering. This action was taken because a settlement has been reached during the pendency of the reconsideration. Consequently, the prior decision is rescinded, and the case is returned to the trial level for the WCJ to consider the proposed settlement. The WCJ will either approve the settlement or reinstate the original decision, with the option for either party to seek further reconsideration.

Petition for ReconsiderationGrant ReconsiderationRescind DecisionReturn to Trial LevelProposed SettlementWorkers' Compensation Appeals BoardWCJ DecisionAdministrative Law JudgeFurther ProceedingsDecision After Reconsideration
References
0
Case No. ADJ2345083 (GOL 0099125)
Regular
Aug 01, 2014

KATHERINE UDD vs. ANTIOCH UNIVERSITY, THE HARTFORD

The Workers' Compensation Appeals Board initially granted reconsideration of a prior decision to further study the case. However, the defendant subsequently withdrew their petition for reconsideration. Consequently, the Board vacated its prior order granting reconsideration and dismissed the defendant's petition. This action effectively returns the case to the original September 10, 2013 Findings of Fact.

Workers' Compensation Appeals BoardAntioch UniversityThe HartfordADJ2345083Order VacatingOrder Granting ReconsiderationDismissing PetitionPetition for ReconsiderationFindings of FactWithdrawal of Petition
References
0
Case No. ADJ4512246 (OXN 0147785) ADJ7271702; ADJ7271747
Regular
Jan 19, 2016

ARMANDO BANUELOS vs. SOUTHERN CALIFORNIA EDISON

This case involves applicant Armando Banuelos seeking reconsideration of a prior workers' compensation award. The Appeals Board granted the defendant's petition for reconsideration and denied the applicant's. The Board rescinded the prior award, amending findings to establish industrial injury to the right elbow and wrist as a cumulative trauma, and removing psychiatric injury as compensable. The permanent disability for the cumulative trauma was reduced, and all other findings were affirmed.

Workers' Compensation Appeals BoardArmando BanuelosSouthern California Edisonindustrial psychiatric injurysleep disorderGERDheadachescumulative traumaspecific injurypermanent disability
References
1
Case No. ADJ111089 (MON 0239711)
Regular
Feb 01, 2011

BONNIE PERRONE vs. PHARMACIA & UPJOHNS, ZURICH NORTH AMERICA INSURANCE COMPANY

This case involves a defendant's petition for reconsideration of a prior Appeals Board decision that had granted reconsideration on its own motion and remanded the case for further development of the record regarding a prior motor vehicle accident. The Board now finds reconsideration was improvidently granted, rescinds its previous order, and reinstates the original Workers' Compensation Judge's findings. The Board affirms the judge's finding of 84% permanent disability after apportionment, supported by an Agreed Medical Evaluator's opinion that one-third of the orthopedic disability was due to the motor vehicle accident.

Workers' Compensation Appeals BoardPharmacia & UpjohnsZurich North America Insurance CompanyIndustrial InjuryBack InjuryPsyche InjuryPermanent DisabilityApportionmentMotor Vehicle AccidentCompensable Consequence Injury
References
3
Case No. ADJ10327919
Regular
Nov 08, 2019

MARIA SANCHEZ vs. BARON HR, LLC, BISON DATA SYSTEMS, INC., THE HARTFORD, UNINSURED EMPLOYERS BENEFITS TRUST FUND

This case involves a clerical error in the service date of a prior Board decision. The Board will correct the service date from October 8, 2019, to November 8, 2019. Separately, the defendant insurer sought reconsideration of a prior award, arguing fraud in the contractual relationship between employers and that insurance coverage disputes are subject to arbitration. The Board granted reconsideration, rescinded the prior award, and returned the matter for further proceedings and a new decision, clarifying that the WCJ should determine employer identity, while insurance coverage issues may proceed to arbitration.

Professional Employer OrganizationPEOLabor Code section 3602(d)general and special employmentjoint and several liabilityarbitrationLabor Code section 5275clerical errorPetition for ReconsiderationFindings and Award
References
13
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