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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.
Reconsideration granted to address errors in permanent disability rating and apportionment. Matter returned for new rating considering walker use and clarifying apportionment.
The Workers' Compensation Appeals Board (WCAB) denied Harold J. Rucker's Petition for Reconsideration in this case against the County of Sacramento. The WCAB adopted and incorporated the reasoning of the workers' compensation administrative law judge's report. They specifically acknowledged considering Rucker's supplemental petition. Therefore, the Petition for Reconsideration was officially denied.
The Workers' Compensation Appeals Board denied Ramona's Food Group's petition for removal of an order compelling it to serve all documents to a lien claimant. The Board found that Ramona's Food Group failed to demonstrate substantial prejudice or irreparable harm, which are required for removal. The WCJ's report, incorporated by the Board, also noted the petition's procedural deficiencies, including lack of service on all parties. Consequently, the order compelling the service of documents remains in effect.
This case involves Geraldine Umbenhauer's claims for industrial injuries sustained while working for J.C. Penney. The administrative law judge (WCJ) found three injuries to the back, knees, and hands, but denied claims for psychological, internal, and fibromyalgia conditions. The WCJ awarded 53% permanent disability, apportioning 50% to non-industrial causes, and a ten-year period of temporary disability. The Appeals Board granted reconsideration due to a lack of support in the record for the WCJ's 50% apportionment of bilateral knee disability, ordering the matter returned for a new determination on apportionment and further proceedings regarding temporary disability indemnity.
The Workers' Compensation Appeals Board granted reconsideration, affirming the WCJ's decision except for specific amendments. The applicant's widow, Pamela Felcher, was awarded a $250,000 death benefit for her deceased husband, J. Michael Devroom, with payments commencing June 23, 2010. This award is subject to credit for CALPERS payments and attorney fees, and the deceased was found to be a safety-classified employee exempting him from certain statutory limitations. Additionally, Ms. Felcher is entitled to $2,109.02 for burial expenses, and attorney fees of $37,500 are awarded.
This case involves a Petition for Reconsideration filed by E&J Gallo Winery that was dismissed as untimely. The petition was filed on October 28, 2019, exceeding the 25-day jurisdictional deadline for filing after the WCJ's September 30, 2019 decision. The Appeals Board emphasized that filing proof of mailing within the deadline is insufficient; the petition must be received by the Board. Furthermore, the Board noted that the same issues raised had been previously addressed, warranting potential sanctions for frivolous conduct.
This case involves Applicant Elizabeth Ortega's workers' compensation claim against Remedy Temporary Services, Reliance National Insurance, J.C. Penney, and Liberty Mutual Insurance Company. The Workers' Compensation Appeals Board reviewed the petition for reconsideration filed by one of the parties. After careful consideration of the record and the report of the workers' compensation judge, the Board denied the petition.
This case concerns a request for supplemental attorney's fees following an unsuccessful petition for writ of review by defendant E & J Gallo Winery. The Court of Appeal previously granted the applicant's request for fees under Labor Code § 5801 and remanded the matter. The applicant's attorney requested $3,150.00 for services related to answering the petition, which the defendant did not dispute in amount, only in principle. The Workers' Compensation Appeals Board found the requested amount reasonable and issued a supplemental award of $3,150.00 in attorney's fees.
The Workers' Compensation Appeals Board denied a Petition for Removal filed by Rowland Cox against J.F. Shea Construction, Inc. and its insurer. The Board adopted and incorporated the reasoning of the workers' compensation administrative law judge's report. No specific grounds for the denial or details of the underlying case are provided in this order.
The Workers' Compensation Appeals Board (WCAB) affirmed the Administrative Law Judge's (WCJ) July 25, 2013 decision in the case of Dinesh Kumar versus J's Trade Bindery Service and the California Insurance Guarantee Association. The WCAB granted reconsideration to thoroughly review the case's facts and law. After reviewing the record and adopting the WCJ's report and recommendations, the WCAB found no grounds to overturn the original findings, order, and award. Therefore, the WCJ's decision remains in full effect.
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