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

Case No. ADJ6993450

Regular

Dec 03, 2015

KIT DAWSON vs. SAN DIEGO TRANSIT, ACE AMERICAN INSURANCE COMPANY, TRISTAR RISK MANAGEMENT

The Workers' Compensation Appeals Board affirmed a prior decision awarding the applicant 100% permanent disability under Labor Code section 4662(a)(3) due to a severe spinal cord injury causing practically total paralysis. This injury was a compensable consequence of a motor vehicle accident, which itself was deemed a consequence of two prior industrial injuries. The Board found that the defendant failed to meet its burden of proof for apportionment, as there was no medical evidence linking the prior shoulder injuries to the applicant's current paralysis. Therefore, the applicant is entitled to the conclusive presumption of permanent total disability without apportionment.

Workers' Compensation Appeals BoardReconsiderationPermanent DisabilityApportionmentLabor Code Section 4662(a)Compensable Consequence InjuryMotor Vehicle AccidentSpinal Cord InjuryPractically Total ParalysisQuadriplegic

References

Case No. ADJ14244909

Regular

Apr 25, 2025

YONGQUAN HU vs. AMERICAN ALLIANCE LOGISTICS, INC., LIANG YE, UNINSURED EMPLOYERS BENEFITS TRUST FUND

Applicant Yongquan Hu and defendant Uninsured Employers Benefits Trust Fund (UEBTF) both petitioned for reconsideration of an Amended Findings and Award. The WCJ's initial decision found an industrial injury resulting in permanent total disability and calculated average weekly earnings based on multiple employers. Applicant disputed the wage calculation method, while UEBTF identified an inadvertently omitted week of wages. The Appeals Board granted both petitions, adopting the WCJ's report and amending the decision to reflect corrected average weekly earnings of $1,462.15, leading to a temporary and permanent total disability rate of $974.77 per week.

Workers' Compensation Appeals BoardYongquan HuAmerican Alliance LogisticsInc.Uninsured Employers Benefits Trust FundAdjudication NumberVan Nuys District OfficeOpinion and OrderGranting Petitions for ReconsiderationDecision After Reconsideration

References

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KIT DAWSON vs. SAN DIEGO TRANSIT, ACE AMERICAN INSURANCE COMPANY, TRISTAR RISK MANAGEMENT

YONGQUAN HU vs. AMERICAN ALLIANCE LOGISTICS, INC., LIANG YE, UNINSURED EMPLOYERS BENEFITS TRUST FUND