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

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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ4646699 (VNO 0453022) ADJ1524259 (VNO 0448334)
Regular
May 04, 2012

PATRICIA BARDLEY vs. R.R. DONNELLEY FINANCIAL, GALLAGHER BASSETT

This case involves an applicant's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision. The WCAB denied the petition, upholding the original finding of industrial injury to various body parts, temporary disability, and 17% permanent disability. The applicant argued for 100% permanent disability and challenged the apportionment to non-industrial rheumatoid arthritis. The WCAB adopted the judge's report, concluding the applicant's arguments were unsubstantiated by the record and that supplemental filings containing unintroduced evidence were improper.

BardleyR.R. Donnelley FinancialGallagher BassettADJ4646699ADJ1524259Petition for ReconsiderationFindings and AwardWCJindustrial injurypsych
References
Case No. PAS 040044
Regular
Aug 24, 2007

Randall Lutes vs. NEIMAN MECHANICS, HIGHLANDS INSURANCE GROUP

The Workers' Compensation Appeals Board granted reconsideration of an order commuting future benefits for an applicant with total permanent disability. The Board found the applicant failed to demonstrate that a full commutation was in his best interest due to insufficient income to cover his expenses and homeownership costs. The case was remanded to allow the applicant to develop a financial plan with a provided financial planner for consideration of partial or full commutation.

Workers' Compensation Appeals BoardReconsiderationOrder of CommutationPermanent DisabilityIndustrial InjuryBest InterestFinancial ConditionForeclosureMortgage ArrearsFinancial Planner
References
Case No. ADJ164815 (SAL 0049263)
Regular
Apr 01, 2020

Pamela McGowne Willoughby vs. Hoge, Fenton, Jones \u0026 Appel, American Home Assurance

The Workers' Compensation Appeals Board (WCAB) reconsidered an administrative law judge's (ALJ) disapproval of a Compromise and Release (C&R). The ALJ found the C&R unlawful due to an alleged assignment of liability, citing Labor Code section 4900. The WCAB clarified that while an injured worker cannot assign their claim, a structured settlement where a third party pays the insurer's obligation with the worker's consent is permissible. After reviewing the financial stability of the annuity provider, the WCAB found the settlement adequate and in the applicant's best interest, thus rescinding the disapproval and approving the C&R.

Compromise and ReleaseMedicare Set AsideStructured SettlementAssignment of LiabilityLabor Code Section 4900Matthews v. Liberty Assignment Corp.WCAB Rule 10700Financially SoundPeriodic PaymentsAnnuity
References
Case No. ADJ1024275 [LBO 0380832] ADJ539039 [LBO 0380831]
Regular
Sep 15, 2008

MARIA VASQUEZ vs. MICHAEL DAO, dba WEST DENTAL

Defendant's petition for reconsideration is denied because the issues raised were already dismissed in prior petitions. The Appeals Board is not the correct venue to challenge the actions of defendant's prior attorney.

Workers' Compensation Appeals BoardCompromise and ReleasePetition for ReconsiderationPetition to ReopenGood CauseInvalid C&RVoid C&RUnenforceable C&RTimely-FiledPetition for Writ of Review
References
Case No. ADJ3197408 (FRE 0226208)
Regular
Nov 21, 2011

Guadalupe Ayon (Deceased); Irena Ayon, Miguel Ayon, Erica Ayon, Department of Industrial Relations, Death Without Dependents Unit vs. Cal Grain and Hay; Zenith Insurance Company

The Workers' Compensation Appeals Board denied reconsideration for both the applicants and the defendant. The Board upheld the finding that the mother and sister were not dependents of the deceased worker, as they failed to prove a net financial benefit was provided to the household. Their argument for estate benefits under an unconstitutional statute was also rejected, with the Board noting that judicial decisions invalidating statutes apply retroactively. Consequently, the employer remains obligated to pay $125,000 to the Department of Industrial Relations for death without dependents.

Workers' Compensation Appeals BoardDependent death benefitLabor Code section 4706.5(a)Fatal injuryDependencyPartial dependentFinancial dependencyNet financial benefitEstate benefitsUnconstitutional statute
References
Case No. ADJ2002839 (SAC 0332621)
Regular
Jun 25, 2010

PATRICK C. O'BRIEN vs. WARDEN'S AUTO REPAIR, STATE COMPENSATION INSURANCE FUND

The applicant sought to commute his future life pension payments due to pressing financial needs, including vehicle replacement, home repairs, and dental treatment, which were supported by unrebutted evidence. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, reversing the prior denial. The WCAB found that while the administrative law judge correctly identified the applicant's emergencies, the denial overly focused on speculative future needs. Ultimately, the WCAB determined that full commutation of the life pension was in the applicant's best interest and returned the case for attorney's fee determination.

CommutationLife PensionPressing Financial NeedsBest InterestLabor Code § 5100ReconsiderationStipulated AwardPermanent DisabilityIndustrial InjuryWCAB
References
Case No. ADJ864227 (LBO 350573) ADJ1635667 (LBO 350607)
Regular
Dec 29, 2008

LUIS ECHEVARRIA vs. FALCON WEST, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and reversed the trial judge's award of attorney's fees under Labor Code section 5814.5. The Board reasoned that section 5814.5 requires an award of attorney's fees to be "in addition to" increased compensation under section 5814, which was not sought or awarded here. Furthermore, the Board found that any delay in payment was not unreasonable due to a good-faith dispute over the net settlement amount.

WORKERS' COMPENSATION APPEALS BOARDLUIS ECHEVARRIAFALCON WESTINC.STATE COMPENSATION INSURANCE FUNDADJ864227ADJ1635667OPINION AND ORDER GRANTING RECONSIDERATIONDECISION AFTER RECONSIDERATIONFindings and Orders
References
Case No. ADJ3687516
Regular
Jan 26, 2012

RAMONA ANAYA, JUAN JOSE GONZALEZ, JESUS CERVANTES, JULIE ANN CABEZA, WALTER CRABTREE vs. PORT HUENEME UNIFIED SCHOOL DISTRICT, J. M. SMUCKERS, SPECIALTY RISK SERVICES, AMERICAN TECHNOLOGIES, INC., AIG DOMESTIC CLAIMS, INC., GHL ENTERPRISES, CIGA, INTERCARE INSURANCE SERVICES, INC., PAULA INSURANCE COMPANY, MARY HEALTH OF THE SICK, REDISED INSURANCE, CRAWFY AND COMPANY, M.R. AUTOMOTIVE, CIGA, Administrative inTERCARE INSURANCE SERVICES, HIH AMERICA COMPENSATION

The Workers' Compensation Appeals Board denied Attorney M. Francesca Hannan's request for a waiver of fees or a payment plan for reporter's transcripts. Hannan sought the transcripts to support allegations of bias by a Workers' Compensation Judge and claimed financial hardship and limited time for preparation. The Board found no legal basis for the fee waiver or payment plan under applicable rules and statutes, though it affirmed Hannan's right to obtain the transcripts upon payment.

WCABPetitionReporter's TranscriptFee WaiverPayment PlanGovernment Code 68632Administrative Director Rule 9990Appeals Board Rule 10740AnayaLien Trial
References
Case No. ADJ2263859 (LBO 0377745)
Regular
Feb 02, 2015

GUADALUPE MONTANO vs. COUNTRYWIDE FINANCIAL CORP., ACE USA/ESIS

In *Montano v. Countrywide Financial Corp.*, the Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration. The WCAB adopted the findings of the administrative law judge's report. The petition was dismissed solely because it was untimely filed.

Petition for ReconsiderationDismissedUntimelyWorkers' Compensation Appeals BoardAdministrative Law JudgeReport and RecommendationRecord ReviewIncorporated ReportPermissibly Self-InsuredAdjusted by ACE USA/ESIS
References
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