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

Case No. ADJ7244169
Regular
Sep 07, 2012

PATRICIA HEDDEN vs. COUNTY OF RIVERSIDE

This case involved applicant Patricia Hedden's claim against the County of Riverside. Hedden filed a Petition for Reconsideration of a decision from the Workers' Compensation Appeals Board. The Board reviewed the petition and the judge's report, ultimately adopting the judge's reasoning. Consequently, the Board issued an order denying Hedden's Petition for Reconsideration.

WORKERS' COMPENSATION APPEALS BOARDReconsiderationDENYING RECONSIDERATIONPetition for ReconsiderationAdministrative Law JudgeCOUNTY OF RIVERSIDEPermissibly Self-InsuredADJ7244169San Bernardino District Officeapplicant
References
Case No. ADJ3255503 (SDO0362975)
Regular
Mar 15, 2010

JOHN KOSICH vs. COUNTY OF SAN DIEGO SHERIFF'S DEPARTMENT

The Workers' Compensation Appeals Board (WCAB) rescinded a previous award, returning the case to the trial level for further proceedings. The core issue is whether the applicant deputy sheriff's hypertension constitutes "heart trouble" for the purposes of a statutory presumption of industrial injury. The WCAB found the agreed medical evaluator's opinion regarding "heart trouble" unclear, as it did not definitively address the broad legal definition of the term. Therefore, the case requires further medical evaluation and deposition to clarify the applicant's cardiac condition in relation to the legal standard.

Workers' Compensation Appeals BoardDeputy SheriffHeart Trouble PresumptionLabor Code Section 3212.5Labor Code Section 4663(e)ApportionmentAgreed Medical EvaluatorDr. Daniel J. BresslerHypertensionGERD
References
Case No. ADJ7047387
Regular
Dec 17, 2012

CECILIA ALAS vs. G & G APPAREL aka B FRIEND, INC., ACE PROPERTY & CASUALTY Administered By ESIS

This case involves a petition for reconsideration filed by a defendant in a workers' compensation matter. The petitioner subsequently withdrew their petition. The Workers' Compensation Appeals Board is dismissing the petition due to its withdrawal. The Board also admonishes the e-filing petitioner for failing to notify the Reconsideration Unit via email of the withdrawal, which led to wasted Board resources.

ADJ7047387Petition for Reconsiderationwithdrawndismissede-filerControl UnitReconsideration UnitEAMS Reference GuideElectronic FilingDWC website
References
Case No. ADJ7026308
Regular
Apr 01, 2011

CARLOS HERRERA vs. OBSTRO HERMITAGE, EMPLOYERS COMPENSATION INSURANCE COMPANY

The Appeals Board disqualified both the applicant's former counsel, Law Office of Lionel E. Giron, and the defendant's counsel, Tobin-Lucks, due to a conflict of interest. Applicant's attorney, Heather Brandt, failed to obtain informed written consent from her client before seeking and accepting employment with Tobin-Lucks, who represented the opposing party. Sanctions of $250 were imposed on William K. Calderon and the Law Office of Lionel E. Giron for this misconduct. The prior WCJ decision was rescinded, and the case was returned for a new trial with new counsel.

Workers' Compensation Appeals BoardDecision After Reconsiderationdisqualificationsanctionslabor code section 5813WCAB Rule 10561industrial injurylow backheadneck
References
Case No. ADJ1455856
Regular
Aug 24, 2012

GUILLERMO HERNANDEZ vs. SPIESS CONSTRUCTION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration of a finding of 79% permanent disability. The Board found the applicant's vocational expert's opinions regarding diminished future earning capacity unsubstantiated. Consequently, the Board amended the award to reflect 37% permanent disability based on a prior stipulation, and removed any apportionment to non-industrial factors due to lack of substantial medical evidence from the defendant.

WCABSpiess ConstructionState Compensation Insurance FundGuillermo HernandezADJ1455856GRO 0032468ReconsiderationPermanent DisabilityDiminished Future Earning CapacityDFEC
References
Case No. ADJ7131007
Regular
Oct 18, 2010

PHILLIP SCHWARTZ (DEC'D.) vs. HALLIDAY MANAGEMENT, GAB ROBINS

The Workers' Compensation Appeals Board (WCAB) denied the Petition for Removal in the case of Phillip Schwartz (deceased) v. Halliday Management and GAB Robins. The WCAB adopted and incorporated the report of the workers' compensation administrative law judge (WCJ) as the basis for its decision. The order denying removal was filed on October 18, 2010.

Workers' Compensation Appeals BoardPetition for RemovalWorkers' Compensation Administrative Law JudgeADJ7131007Denying RemovalHalliday ManagementGab RobinsPhillip Schwartz (Dec'd)Order Denying RemovalDenial of Removal
References
Case No. OXN 0128545 OXN 0132143
Regular
Mar 28, 2008

DONALD GEORGE vs. KAISER AIR CONDITIONING AND SHEET METAL, GAB ROBINS NORTH AMERICA

The Workers' Compensation Appeals Board denied Kaiser Air Conditioning's petition for reconsideration. The Board previously rescinded a dismissal of a lien claim, favoring a hearing on the merits despite the lien claimant's non-appearance and the defense's sympathetic arguments. The Board reiterated that the decision was limited to the specific facts of this case, allowing for separate proceedings against the lien claimant's counsel for their conduct.

Workers' Compensation Appeals BoardKaiser Air Conditioning and Sheet MetalGAB Robins North AmericaPetition for ReconsiderationDecision after ReconsiderationOrder Dismissing LienLien ClaimantFailure to AppearGood CauseCompromise and Release
References
Case No. ADJ8190306
Regular
Jan 07, 2013

Silvestre Sanchez vs. Robert E. Town, Allied Insurance, A Nationwide Company

This case concerns whether an injured worker, Silvestre Sanchez, was an employee of Robert E. Town for workers' compensation purposes. The Board granted reconsideration to reverse the WCJ's finding of employment. The primary issue was whether Sanchez met the 52-hour work requirement within the 90 days preceding injury under Labor Code section 3352(h), which excludes certain residential employees. The Board found that based on conflicting testimony regarding a second payment, the applicant did not prove he worked over 52 hours, thus excluding him from coverage.

Workers' Compensation Appeals BoardSilvestre SanchezRobert E. TownAllied InsuranceLabor Code section 3352(h)excluded employeeresidential employee90-day perioddate of injuryFindings of Fact
References
Case No. ADJ8235335 ADJ10301846
Regular
Dec 23, 2019

JACK KESSLER vs. E&J GALLO WINERY

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.

Workers' Compensation Appeals BoardPetition for ReconsiderationUntimely FilingJurisdictional Time LimitMailing vs. FilingWCJ DecisionSanctionsFrivolous ConductReconsideration DenialAdministrative Law Judge
References
Case No. ADJ1034130 (SAC 0249097)
Regular
Nov 04, 2014

RUSSELL CALDWELL vs. ROY E. LAY TRUCKING, SEDGWICK CMS

This case involves a petition for reconsideration filed by Russell Caldwell concerning a workers' compensation claim against Roy E. Lay Trucking. The Workers' Compensation Appeals Board (WCAB) reviewed the petition and the administrative law judge's (WCJ) report. Adopting the WCJ's report and recommendation, the WCAB dismissed Caldwell's petition for reconsideration.

Petition for ReconsiderationWorkers' Compensation Appeals BoardReport and RecommendationAdministrative Law JudgeDismissedRoy E. Lay TruckingSedgwick CMSADJ1034130SAC 0249097Russell Caldwell
References
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