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

Case No. ADJ7673518, ADJ7647749
Regular
Jan 23, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION / CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant sustained industrial injury to her neck. While the applicant testified to injuring her neck in a workplace incident and this was partially corroborated, the Board found insufficient evidence for other claimed injuries. The Board specifically disagreed with the administrative law judge's credibility assessment concerning the neck injury itself, relying on medical reports and testimony supporting the neck injury claim. The Board affirmed the denial of claims for all other alleged injuries, finding insufficient medical evidence to link them to the incident.

Petition for ReconsiderationFindings and OrderIndustrial InjuryNeck InjuryBack InjurySpine InjuryUpper ExtremitiesPsycheGastroesophageal SystemInternal System
References
Case No. ADJ11368246
Regular
Mar 03, 2020

Marta Ubillus vs. One Stop Employment Services, LLC/Vensure Employer Services, Security National Insurance Company, State National Insurance Company

The Workers' Compensation Appeals Board (WCAB) denied the lien claimant's petition for reconsideration regarding the valuation of interpreter services. The WCAB adopted the Administrative Law Judge's (ALJ) report, which found that while the defendant did not present rebuttal evidence, the ALJ had substantial evidence to make a determination. The ALJ determined a market rate of $114.97 per hour but noted the lien claimant failed to provide sufficient evidence of the duration of services on most dates, preventing application of the market rate. Consequently, the statutory rate was applied for those services.

WCABPetition for ReconsiderationDeniedLien ClaimantInterpreter ServicesMarket RateStatutory RateWCJ ReportSubstantial EvidenceFindings and Award
References
Case No. SDO 0217188
Regular
Jan 24, 2008

ROSA A. MONTES vs. LAVA ENTERPRISES, ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration for a lien claimant, Lang Link Interpreting Services, Inc., regarding underpayment for services. The Board affirmed the administrative law judge's decision, finding that the lien claimant was paid appropriately at the rate set by California Code of Regulations, section 9795.3(b)(2) because they failed to present evidence of their market rate. The Amended Findings and Orders were clarified to reflect this reasoning.

Lien claimantReconsiderationWCJMarket rateTitle 8 California Code of Regulations Section 9795.3(b)(2)UnderpaidClaims administratorInterpreting servicesPetition for reconsiderationAward
References
Case No. ADJ1927786
Regular
Dec 21, 2012

LUIS CISNEROS vs. GCL CORPORATION, INC., LIBERTY MUTUAL INSURANCE COMPANY

This case involves a lien claimant, Joyce Altman Interpreters, Inc., seeking reconsideration of a Workers' Compensation Appeals Board (WCAB) decision. The applicant sustained an industrial injury to his left knee and back, and his claim was settled via compromise and release. The WCAB denied reconsideration, affirming the administrative law judge's award for the lien claimant's services. While the lien claimant argued the awarded rate was too low and excluded preparation, travel, and waiting time, the WCAB found their submitted evidence insufficient to prove a higher reasonable market rate. The WCAB concluded the awarded rate was reasonable and the lien claimant failed to meet their burden of proof.

Workers' Compensation Appeals BoardLien ClaimantReconsiderationFindings Award and OrderCompromise and ReleaseInterpreting ServicesReasonable Market RateBurden of ProofPreponderance of the EvidenceClear and Convincing Evidence
References
Case No. GOL 96757
Regular
Jun 10, 2008

SA YANG LO vs. CUSTOM SENSORS & TECHNOLOGIES, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration of a prior award, upholding the application of the 2005 Permanent Disability Rating Schedule. The Board found that exceptions allowing for the 1997 Schedule did not apply, as the applicant's temporary disability indemnity extended beyond January 1, 2005, and no qualifying pre-2005 reports indicated permanent disability. Furthermore, the Board found the applicant's vocational expert's opinion regarding diminished future earning capacity unpersuasive, thus affirming the initial 9% permanent disability rating.

Workers' Compensation Appeals BoardSA Yang LoCustom Sensors & TechnologiesInc.State Compensation Insurance FundGOL 96757Opinion and Order Denying ReconsiderationFindings and AwardWorkers' Compensation Administrative Law JudgeWCJ
References
Case No. ADJ9416808
Regular
Jan 22, 2020

GRACIELA GARCIA vs. RNB FURNITURE, INC., EMPLOYERS PREFERRED INSURANCE COMPANY

This Workers' Compensation Appeals Board case involves a lien claimant, Joyce Altman Interpreters, seeking reconsideration of a decision denying their lien. The administrative law judge found the lien claimant failed to prove the market rate for their interpretation services. The Board denied reconsideration, adopting the judge's reasoning that the lien claimant did not provide adequate evidence, such as witness testimony or detailed methodology, to establish the market rate as defined by regulations. The claimant's arguments regarding presumptive reasonableness and waiver were rejected.

Lien claimantMarket rateBurden of proofFunctional capacity evaluationReconsiderationFindings and OrderWorkers' Compensation Appeals BoardAdministrative law judgeInterpreter servicesAD rule 9795.1
References
Case No. ADJ4243140 (OXN 0130418)
Regular
Sep 23, 2009

ALMALILIA MARTINEZ vs. TRACEY VILLA, NATIONAL FIRE INSURANCE OF HARTFORD, CNA CLAIMS PLUS

The Workers' Compensation Appeals Board granted reconsideration to amend a prior award concerning a lien claimant's fees for medical interpreting services. The amended award clarifies that certain specific medical sessions are valued at the greater of the stipulated market rate or the billed amount. Other medical interpreting services are awarded at one-half of the greater of the market rate or billed amount, with the total value of the lien affirmed as previously decided.

Workers' Compensation Appeals BoardLien ClaimantReconsiderationJoint Findings and AwardWorkers' Compensation JudgeMedical Interpreting ServicesMarket RateAdministrative Director RulesReasonable ValueWCAB Appearances
References
Case No. ADJ4258585 (OXN 0130492) ADJ220258 (OXN 0130487)
Regular
Apr 17, 2018

ENRIQUE HERRERA vs. MAPLE LEAF FOODS, U.S. FIRE INSURANCE COMPANY, ALEA NORTH AMERICAN INSURANCE COMPANY

This notice informs parties that the Workers' Compensation Appeals Board (WCAB) intends to admit its rating instructions and a disability rater's recommended permanent disability rating into evidence. The WCAB previously granted reconsideration for further study. Parties have seven days to object to the rating instructions or the recommended rating, with specific procedures for addressing objections. If no timely objection is filed, the matters will be submitted for decision thirty days after service.

WORKERS' COMPENSATION APPEALS BOARDPermanent Disability RatingDisability Evaluation UnitRating InstructionsRecommended Permanent Disability RatingJoint RatingReconsiderationObjectionRater Cross-ExaminationRebuttal Evidence
References
Case No. ADJ8361822
Regular
Aug 03, 2015

LORENA CHAVEZ vs. ABM JANITORIAL SERVICES, ESIS

This case concerns ABC Interpreting, Inc.'s petition for reconsideration of a WCJ's decision awarding them $180.00 for interpreter services. ABC Interpreting sought $250.00, claiming entitlement to the pre-established market rate, plus interest and penalties for late payment. The Board denied the petition, affirming the WCJ's award because ABC Interpreting failed to provide adequate documentation of market rate, their qualifications as an interpreter, and because Labor Code section 5811 does not authorize penalties and interest. The Board found the $180.00 award consistent with the reasonable and customary rate for interpreter services in the applicable geographic area.

Petition for ReconsiderationInterpreter FeesLabor Code Section 5811Market RateSuperior Court Fee ScheduleQualified InterpreterDeposition ServicesUntimely PaymentInterest and PenaltyAmended Order
References
Case No. ADJ9781305
Regular
Aug 19, 2019

MARIA BECERRA vs. SLIK APPAREL, EMPLOYERS WORKERS COMPENSATION INSURANCE

The Workers' Compensation Appeals Board (WCAB) rescinded a prior award and remanded the case for further proceedings. The WCAB found that the lien claimant failed to provide substantial evidence to establish the market rate for their interpreting services, as required by Administrative Director Rule 9795.3(b)(2). The Board also noted that the WCJ failed to address issues of interest and penalties and agreed that the defendant should receive credit for prior payments made. The matter is returned to the WCJ to determine the reasonable market rate and address all outstanding issues.

Workers' Compensation Appeals BoardReconsiderationLien ClaimantMarket RateInterpreting ServicesAdministrative Director Rule 9795.3Findings and AwardWCJBurden of ProofSubstantial Evidence
References
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