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Case Law Database

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

Case No. LBO 0316609, LBO 0316610
Regular
Dec 26, 2007

CLORIA CONTRERAS vs. REGENTS OF THE UNIVERSITY OF CALIFORNIA, Permissibly Self Insured, Adjusted by OCTAGON RISK SERVICES

The Workers' Compensation Appeals Board denied reconsideration for Case LBO 316609, upholding the finding of no disability from a cumulative right shoulder injury. For Case LBO 316610, the Board granted reconsideration and amended the award to defer the issues of temporary disability and the applicant's permanent and stationary date, while affirming the rest of the original decision, including the 23% permanent disability rating. The Board's decision aligns with the judge's report, which recommended further development of the record on deferred issues and temporary disability.

WCABPetition for ReconsiderationFindings and OrderFindings and AwardIndustrial InjuryFibromyalgiaPermanent DisabilityTemporary DisabilityQualified Medical ExaminerPermanent and Stationary Date
References
2
Case No. ADJ3458168 (OAK 0347004)
Regular
Dec 09, 2011

JOSEPH BULGO vs. ALCATEL-LUCENT, LIBERTY MUTUAL INSURANCE COMPANY

This case involves a dispute over permanent disability benefits for an applicant who sustained industrial injuries to his bilateral upper extremities and cervical spine. The original award found 73% permanent disability, but both applicant and defendant sought reconsideration. The applicant argued the indemnity and life pension rates were incorrectly calculated and the award failed to address Labor Code section 4658(d) adjustments. The defendant contended the 73% rating was too high by including upper extremity strength loss. The Appeals Board granted reconsideration for the applicant, rescinded the original award, and deferred the issues of permanent disability rate, life pension, section 4658(d) adjustment, and attorney fees for further proceedings at the trial level, while denying the defendant's reconsideration request.

ALCATEL-LUCENTLIBERTY MUTUAL INSURANCE COMPANYWORKERS' COMPENSATION APPEALS BOARDFINDINGS AND AWARDRECONSIDERATIONPERMANENT DISABILITYBILATERAL UPPER EXTREMITIESCERVICAL SPINELABOR CODE SECTION 4658(d)LIFE PENSION
References
2
Case No. OAK 0291213
Regular
Oct 03, 2007

Deborah Thompson vs. EAST BAY MUNICIPAL UTILITY DISTRICT, OCTAGON RISK SERVICES

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The Board dismissed a lien claimant's petition as unverified, but granted reconsideration for another lien claimant, Webster Surgery Center. Consequently, Webster's lien claim will be deferred for further proceedings at the trial level, while the original order regarding Bay Surgery Center was effectively upheld by dismissal.

Workers' Compensation Appeals BoardReconsideration DeniedReconsideration DismissedReconsideration GrantedLien ClaimUnverified PetitionLabor Code Section 5902Deferred LienFindings of FactDecision After Reconsideration
References
2
Case No. ADJ7535873
Regular
Dec 24, 2012

INES NAJARO vs. FLUE STEAM, INC., STATE COMPENSATION INSURANCE FUND

This case concerns an applicant's workers' compensation claim against Flue Steam, Inc. The initial WCJ found the applicant was an employee and sustained an industrial injury. The defendant sought reconsideration, arguing the applicant was an independent contractor and that the injury issue was deferred. The Board granted reconsideration, rescinded the finding of industrial injury because it was deferred, but affirmed the finding that the applicant was an employee based on the right-to-control test and other factors.

Workers' Compensation Appeals BoardIndustrial InjuryEmployee vs. Independent ContractorLabor Code Section 3351Labor Code Section 3353Labor Code Section 3357Right-to-Control TestBorello FactorsAOE/COEPetition for Reconsideration
References
5
Case No. ADJ7390437
Regular
Mar 30, 2012

MARIA DUARTE vs. SHAKEY'S USA, INC., THE HARTFORD

The Workers' Compensation Appeals Board granted reconsideration of a WCJ's findings, amending the order to find injury only to the applicant's right knee, with other body parts deferred. While affirming the WCJ's general findings, the Board found insufficient substantial medical evidence to support a finding of injury to the applicant's low back. The case is returned to the trial level for further proceedings regarding the deferred body parts. The Board also accepted the applicant's late-filed answer to the petition for reconsideration in its discretion.

AOE/COEReconsiderationFindings and OrderSubstantial Medical EvidenceMedical HistoryDeferred Body PartsApplicant TestimonyWitness TestimonyMedical RecordsCausation
References
7
Case No. ADJ3746440
Regular
Mar 24, 2011

JASON NGUYEN vs. NETWORK APPLIANCE, INC., SAFETY NATIONAL CASUALTY CORPORATION, MATRIX

The defendant sought reconsideration of an award allowing Dr. Tahami's and Express Interpreters' medical liens. The Appeals Board granted reconsideration to reverse Dr. Tahami's reimbursement award, finding the treatment was for a non-industrial psychiatric condition. The Board deferred the award for Express Interpreters pending further proceedings, directing the WCJ to consider recent en banc precedent on the employer's obligation to provide interpreter services as part of medical treatment. Therefore, Dr. Tahami's lien was disallowed, and Express Interpreters' lien was deferred.

Workers' Compensation Appeals BoardNetwork ApplianceInc.Safety National Casualty CorporationJason NguyenDr. TahamiExpress InterpretersLien ClaimantsReconsiderationFindings Award Order
References
4
Case No. ADJ1544463 (SAC 0339686)
Regular
May 27, 2010

EPIFANIO RODRIGUEZ vs. HOME DEPOT USA, INC.

In this workers' compensation case, the defendant sought reconsideration of a finding that the applicant was entitled to permanent disability benefits and cost of living adjustments (COLAs) commencing January 1, 2004. The defendant argued this issue should be deferred pending the California Supreme Court's decision in *Duncan v. Workers' Comp. Appeals Bd.* The Appeals Board granted reconsideration, rescinded the original finding on the COLA commencement date, and deferred the issue. The matter was returned to the trial level pending the Supreme Court's ruling in *Duncan* or a similar case.

Workers' Compensation Appeals BoardEpifanio RodriguezHome Depot USAInc.Helmsman Management ServicesADJ1544463SAC 0339686ReconsiderationFindings and AwardPermanent and Total Disability
References
1
Case No. ADJ1146871 (SAC 0349672)
Regular
Jun 14, 2010

ZORICA ILIC vs. STANFORD HOSPITAL & CLINICS, SEDGWICK 2065 OAKLAND

This case involves an applicant with a $78\%$ permanent disability rating for admitted industrial injuries to her low back and psyche. The defendant sought reconsideration, arguing the administrative law judge erred in applying a diminished future earning capacity adjustment, Labor Code $\S 4664$ apportionment, and relying on applicant's medical evaluators. The primary issue deferred was the calculation of the State Average Weekly Wage (SAWW) adjustment under Labor Code $\S 4659(\text{c})$ pending a Supreme Court decision. The Workers' Compensation Appeals Board granted reconsideration to defer the SAWW adjustment calculation but otherwise affirmed the original findings, including the $78\%$ permanent disability rating.

Labor Code § 4663Labor Code § 4664Labor Code § 4659(c)SAWWDFECDuncan v. WCABReconsiderationPermanent DisabilityApportionmentQualified Medical Evaluators
References
2
Case No. ADJ13806639
Regular
Oct 06, 2025

PATRICIA OROZCO vs. CENTRAL CALIFORNIA CHILD DEVELOPMENT SERVICES, PROCENTURY INSURANCE COMPANY

Lien claimant Kenneth R. Mackie, applicant's former attorney, sought reconsideration of an order that reimbursed him for vocational expert evaluation costs but deferred penalties. The Appeals Board granted the petition for reconsideration, finding that Labor Code section 4622(a) was not applicable to the lien claimant. The Board affirmed the WCJ's amended order, but further amended it to defer both interest and penalties until the end of the case in chief.

Petition for ReconsiderationLien ClaimantVocational ExpertReimbursement of CostsPenaltiesInterestLabor Code Section 4622StandingDeferred IssuesDue Process
References
20
Case No. RDG 0050792, RDG 0056131
Regular
Nov 09, 2007

Dawn Schroeder vs. Fred Meyer, Cambridge Integrated Services

This case concerns applicant Dawn Schroeder's petition for reconsideration of an award that included penalties for delayed mileage claims but limited attorney's fees. The Appeals Board granted reconsideration, amended the award to defer the issue of attorney's fees, and returned the matter to the trial level for further proceedings. The Board noted that attorney fees under Labor Code section 5814.5 should be based on a reasonable hourly rate, not a percentage of recovery, and deferred ruling on fees under section 4607 pending a Supreme Court decision.

Labor Code section 5814Labor Code section 5814.5attorney's feespenaltyunreasonable delaymedical treatmentmileage claimvocational rehabilitationhourly ratelien
References
14
Showing 1-10 of 16,274 results

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