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

Case No. ADJ7108719
Regular
Dec 10, 2012

MARIA RAYA vs. CARL'S JR., TRAVELERS INSURANCE COMPANY

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration to address an issue with the Employment Development Department (EDD) lien. The original award was rescinded and returned to the trial level for further proceedings to determine the existence and impact of an EDD lien on benefits. This determination is necessary as the applicant testified to receiving disability payments from the EDD. The WCJ must also address the defendant's other contentions and recalculate attorney's fees if an EDD lien is established.

WCABPetition for ReconsiderationFirst Amended FindingsAward and Orderbilateral upper extremitiescooktemporary total disabilityEmployment Development Department (EDD) lienLabor Code section 4905Labor Code section 4904
References
Case No. ADJ6467603
Regular
Apr 05, 2011

TOODY CLITES-PORTER vs. COUNTY OF KERN, SHERIFF'S DEPARTMENT

In this Workers' Compensation Appeals Board decision, the applicant sustained industrial injury to her cardiovascular system. The defendant employer's offer of regular work was found tardy by the WCJ, resulting in a 15% increase in permanent disability payments. However, on reconsideration, the Board amended the decision, finding the employer entitled to a 15% **decrease** in permanent disability payments. This was based on the employer making a timely offer of regular work within a reasonable time after receiving the permanent and stationary report, aligning with the statute's purpose of returning injured employees to work. The matter was returned to the trial level for recalculation of permanent disability indemnity and attorney's fees.

Permanent and stationary dateLabor Code section 4658(d)tardy offer of regular work15 percent decreasepermanent disability paymentsAdministrative Director Rule 10117(b)Ornelaz v. Albertson'sInc.Audiss v. City of Rohnert ParkAgreed Medical Evaluator (AME)
References
Case No. ADJ11119618 (MF), ADJ11337707
Regular
Mar 21, 2023

PATRICIA CARREON vs. ALCAM MEDICAL INC., NORGUARD INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and amended the original decision regarding applicant Patricia Carreon's benefits. The Board affirmed the finding of temporary partial disability from February 22, 2018, to September 11, 2019, but corrected the total award amount to $9,846.36. Consequently, the applicant's attorney's fee was adjusted to $1,476.95. This amendment stemmed from the defendant's successful contention that the original calculation of temporary partial disability was incorrect.

Workers' Compensation Appeals BoardPetition for ReconsiderationTemporary Partial DisabilityAverage Weekly EarningsContinuous TraumaWage LossModified DutyPregnancy LeaveFindings of FactAttorney Fee
References
Case No. ADJ2176267 (SRO 0135757)
Regular
Oct 22, 2013

JON POWASNICK vs. SONOMA DEVELOPMENTAL CENTER

The Appeals Board affirmed the WCJ's award of 88% permanent disability and denied the applicant's claim for Subsequent Injuries Fund benefits. However, the Board remanded the case to the trial level for recalculation of the applicant's attorney's fee from life pension payments. This recalculation must commute the fee using the "uniformly increasing reduction" method and a reasonable predicted State Average Weekly Wage increase, accounting for Cost of Living Adjustments. The WCJ's determination of the permanent disability percentage and the denial of SIF benefits were upheld.

Workers' Compensation Appeals BoardReconsiderationPermanent DisabilitySubsequent Injuries FundAttorney's FeeCommutationLife PensionCost of Living AdjustmentState Average Weekly WageUniformly Increasing Reduction
References
Case No. ADJ3265357
Regular
Sep 09, 2009

MARTHA MENDEZ vs. YMCA OF SAN FRANCISCO, TRAVELERS WALNUT CREEK

The Workers' Compensation Appeals Board granted reconsideration and remanded the case to the trial level for recalculation of the permanent disability award. The Board found that the Agreed Medical Evaluator's (AME) opinion of November 8, 2007, which attributed 50% of the applicant's increased permanent disability to non-industrial degenerative changes supported by MRI studies, constituted substantial evidence. This opinion superseded the previous award, which did not adequately account for these degenerative conditions. Therefore, the Workers' Compensation Judge must now recalculate the permanent disability award based on this 50% non-industrial apportionment.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardPetition to ReopenIndustrial InjuryPermanent DisabilityApportionmentAgreed Medical EvaluatorDegenerative ChangesMRI Studies
References
Case No. ADJ7831450
Regular
May 07, 2013

MARIO RESENDIZ vs. JERRY HOLLENDORFER STABLES, CHARTIS INSURANCE

This case concerns applicant Mario Resendiz's claim for 100% permanent disability following a 2008 injury. The Appeals Board granted reconsideration, amending the original award to commence permanent total disability payments on March 20, 2010, rather than December 19, 2011. The Board affirmed the finding of 100% permanent disability but returned the matter for the trial judge to recalculate the applicant's attorney's fee. This recalculation must consider a cost of living adjustment (COLA) using a "uniformly increasing reduction" method and a reasonable predicted State Average Weekly Wage (SAWW) increase.

Workers Compensation Appeals BoardReconsiderationFindings and AwardPermanent Total DisabilitySpecific InjuryApportionmentSubstantial Medical EvidenceAttorney's FeeCommutationCost of Living Adjustment (COLA)
References
Case No. ADJ2010797 (SAC 0296371)
Regular
Oct 06, 2008

GURNAIL SINGH vs. BARRETT BUSINESS SERVICES, INC.

The Board granted reconsideration of the WCJ's award finding industrial injury to multiple body parts, resulting in 71% permanent disability. The Board rescinded the award and returned the matter for further proceedings to correct an erroneous disability rating for atrophy and to recalculate indemnity considering prior payments and credits. Other contentions raised by the defendant were not reached due to the rescission of the award.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationFindings Award and OrderPermissibly Self-Insuredindustrial injurywelderpermanent disabilityPDIlife pensionLabor Code section 4658
References
Case No. ADJ1450770 (SAL 0103426)
Regular
Apr 16, 2012

CYNTHIA GARCIA vs. WALGREENS, AMERICAN MAUFACUTERS MUTUAL INSURANCE

This case concerns an applicant's petition for reconsideration of a workers' compensation award. The Appeals Board granted reconsideration to address attorney fees. While affirming the applicant's 55% permanent disability rating, the Board deferred the calculation of attorney fees related to permanent disability indemnity. The matter was returned to the trial level for a recalculated attorney fee award based on the correct indemnity amount.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardStipulated AwardPermanent DisabilityPsychiatric InjuryTemporary DisabilityQualified Medical ExaminerAttorney FeesLabor Code
References
Case No. WCK 0051639
Regular
Sep 04, 2007

PAUL DIAZ vs. JUSTIN-SIENNA HIGH SCHOOL, HIH AMERICA INSURANCE COMPANY, STATE COMPENSATION COMPENSATION INSURANCE FUND

This case concerns a recalculation of permanent disability payments for an applicant injured in a specific incident and through cumulative trauma. CIGA, representing a now-liquidated insurer, sought reconsideration, arguing the original award incorrectly credited SCIF for payments CIGA had fully made. The Appeals Board granted reconsideration, amending the award to fully credit CIGA for the prior payments, adjusting their respective liability shares accordingly.

CIGAHIH AmericaSCIFreconsiderationpermanent disabilityapportionmentcalculation errorcumulative traumaspecific injuryaverage weekly wage
References
Case No. ADJ4244907
Regular
Dec 13, 2012

MELVIN STEPHENS vs. PATTEN ENERGY ENTERPRISES, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to address two issues: the start date for permanent disability payments and the calculation of attorney fees. The Board found that permanent disability payments should have commenced in 2004, not 2009, and that the attorney's fee should be based on the full value of the award, including the life pension. The case was returned to the trial level for recalculation of the life pension and an amended award of attorney fees.

Workers' Compensation Appeals BoardReconsiderationFindings of Fact and AwardPermanent DisabilityTemporary DisabilityLife PensionAttorney FeesDisability Evaluation UnitVocational Rehabilitation Maintenance AllowanceAgreed Medical Examiner
References
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