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

Case No. ADJ7995938

Regular

Sep 04, 2015

SUSANA LOPEZ vs. STATE OF CALIFORNIA, DEPARTMENT OF INDUSTRIAL RELATIONS, OFFICE OF THE DIRECTOR, RTWS, Legally Uninsured, Adjusted By STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES

The Workers' Compensation Appeals Board granted reconsideration to clarify attorney's fees related to temporary disability. The Board deferred the issue of additional temporary disability to ensure compliance with the 104-week limit and overlapping payments. Attorney fees of 12% will be calculated on any newly awarded temporary disability and paid from the permanent disability award if no temporary disability funds remain. The Board otherwise affirmed the previous award, including the 15% increase in permanent disability under Labor Code section 4658(d) based on applicant's unrebutted testimony about lack of modified work.

Workers' Compensation Appeals BoardDeputy Labor CommissionerIndustrial InjuryLumbar SpinePsycheTemporary DisabilityPermanent DisabilityLabor Code Section 4658(d)Attorney's FeesPetition for Reconsideration

References

Case No. ADJ16283940

Regular

Feb 18, 2025

DEXTER HAYNES vs. TRANSFORCE, INC.; RETURN-TO-WORK SUPPLEMENT PROGRAM

Dexter Haynes sought reconsideration of a November 27, 2024 Findings and Order, which denied his entitlement to a second Return-to-Work Supplement (RTWS) payment under Rule 17302(b). Haynes argued that the rule is inconsistent with Labor Code section 139.48 and unconstitutional due to improper delegation of authority. The Director of the Department of Industrial Relations contended the rule is valid and the Appeals Board lacks jurisdiction to invalidate it. The Appeals Board granted the petition for reconsideration to further review the validity and consistency of Rule 17302(b) with section 139.48, deferring a final decision.

Return-to-Work SupplementRTWSRule 17302(b)Labor Code section 139.48statutory authorityunconstitutional delegationDirector of Department of Industrial Relationsen banc decisionPetition for ReconsiderationFindings and Order

References

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SUSANA LOPEZ vs. STATE OF CALIFORNIA, DEPARTMENT OF INDUSTRIAL RELATIONS, OFFICE OF THE DIRECTOR, RTWS, Legally Uninsured, Adjusted By STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES

DEXTER HAYNES vs. TRANSFORCE, INC.; RETURN-TO-WORK SUPPLEMENT PROGRAM