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

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 The Appeals Board granted reconsideration for the applicant, rescinded the original award, and deferred the issues of permanent disability rate, life pension, section 4658(d) adjustment, and attorney fees for further proceedings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. EUR 0038527
Regular
Jan 25, 2008

JOHN TURNER vs. CITY OF EUREKA, Permissibly Self-Insured, c/o REDWOOD EMPIRE MUNICIPAL INSURANCE FUND

The defendant employer sought reconsideration of a WCJ's award finding industrial injury to the applicant's heart and Hepatitis C. The defendant claimed newly discovered evidence existed that undermined the original decision. The Appeals Board granted reconsideration for one case number, rescinded the WCJ's award, and returned the matter for further proceedings to consider the new evidence. The petition for reconsideration of a second, dismissed case number was dismissed as untimely.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardPermanent DisabilityApportionmentNewly Discovered EvidenceReport and RecommendationDuplicate FileDismissed with PrejudiceTimeliness
References
4
Case No. LAO 0834414
Regular
Mar 03, 2008

NATASHA FANE vs. PRIME CLINICAL SYSTEMS, INC., EVEREST NATIONAL INSURANCE, ARGONAUT INSURANCE COMPANY

The Workers' Compensation Appeals Board granted Everest's petition for reconsideration, rescinded a prior order, and remanded the case for further proceedings to determine contribution liability between Everest and Argonaut. Argonaut's petition for reconsideration was dismissed as it was not a final order, but its petition for removal was granted, rescinding an improperly issued joinder order and issuing a new order joining Argonaut as a party defendant. The Board clarified that contribution proceedings under Labor Code section 5500.5(e) can be initiated after a settlement and that Argonaut, having been notified, may not be bound by prior evidentiary records.

Workers' Compensation Appeals BoardNatasha FanePrime Clinical SystemsInc.Everest National InsuranceArgonaut Insurance CompanyContributionLabor Code section 5500.5(b)Labor Code section 5500.5(e)Compromise and Release
References
0
Case No. ADJ2141542
Regular
Oct 12, 2010

CELESTINO MORALES vs. MAINTENANCE MATCH INC., CIGA on behalf of SUPERIOR PACIFIC INSURANCE COMPANY, BROADSPIRE

This case concerns CIGA's petition for reconsideration of an arbitrator's decision that barred CIGA's recovery from Travelers Insurance due to laches. The Appeals Board granted reconsideration, rescinded the arbitrator's decision, and returned the matter for further proceedings. The Board found that Travelers failed to prove prejudice resulting from CIGA's delay in joining them as a party. Therefore, Travelers' defense of laches was not established, allowing the case to proceed.

CIGASuperior Pacific Insurance CompanyliquidationLachesEquitable EstoppelArbitratorTravelers Insurancereimbursementother insuranceInsurance Code section 1063.1(c)(9)
References
4
Case No. ADJ7897975, ADJ7897976
Regular
Jun 25, 2013

RIGOBERTO CATALAN vs. WILLIAM LENIHAM

This case involves an applicant seeking reconsideration of an order dismissing his workers' compensation cases with prejudice. The applicant's attorney asserts the dismissal was procured through employer coercion, promising a settlement in exchange for dismissing the cases and counsel. The Appeals Board granted reconsideration, finding that further proceedings are necessary to determine the propriety of the dismissal. The prior dismissal order was rescinded, and the matter was returned to the trial level for further proceedings.

ReconsiderationOrder Dismissing ApplicationRescindedReturn to Trial LevelIllegally UninsuredBackdoor SettlementStatus ConferencePetition for ReconsiderationOrder Suspending ActionAdministrative Law Judge
References
0
Case No. OXN 0145183
Regular
May 06, 2008

IMELDA GARCIA vs. COLOMOS BERRY FARMS, INC., ZENITH INSURANCE COMPANY, A Corporation

The Workers' Compensation Appeals Board granted reconsideration, rescinded a prior dismissal order, and returned the case to the trial level because the lien claimant was not properly served with the Notice of Intention to Dismiss. This lack of notice deprived the lien claimant of an opportunity to object to the dismissal, and their petition for reconsideration was timely filed upon actual receipt of the dismissal order. Consequently, the matter will proceed with further proceedings at the trial level.

Workers' Compensation Appeals BoardLien claimantReconsiderationDismissal with prejudiceLack of prosecutionNotice of Intention to DismissOfficial Address RecordServicePetition for reconsiderationIndustrial injury
References
1
Case No. ADJ6412364
Regular
Feb 25, 2011

MARTHA REVOLORIO vs. FULCRUM INTERNATIONAL, INC, ESIS

This case involves a lien claimant seeking reconsideration after its lien for medical treatment was disallowed. The Workers' Compensation Appeals Board granted reconsideration because the administrative law judge improperly decided the Labor Code section 5402(c) issue after bifurcating it. The Board also remanded the matter for further proceedings to consider newly disclosed evidence regarding the applicant's industrial injury. A new final decision is required after these further proceedings.

ReconsiderationLien claimantIndustrial injuryLabor Code section 5402(c)BifurcationDeferred issueSubstantial medical evidenceBurden of proofMedical treatment utilization scheduleACOEM Guidelines
References
4
Case No. VNO 0483316
Regular
Aug 14, 2007

SILVIA MACIAS vs. JOSEPH AND NITA REBECK, STATE FARM INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a prior award concerning applicant Silvia Macias's lumbar spine injury. The primary issue on reconsideration was the applicant's attorney's fees, which the original judge failed to award despite representing the applicant during a portion of the proceedings. The Board affirmed the permanent disability award but deferred the attorney fees issue, remanding the case to the trial level for further proceedings and a new decision specifically addressing attorney fees.

Workers' Compensation Appeals BoardSilvia MaciasJoseph and Nita RebeckState Farm Insurance CompanyFindings and AwardPetition for ReconsiderationAttorney FeesIndustrial InjuryLumbar SpinePermanent Disability
References
0
Case No. ADJ3035736 (ANA 0360536) ADJ4288655 (ANA 0359734)
Regular
Aug 22, 2011

HUGO GARCIA-FLORES vs. MISOPE USA, INC., REDLANDS INSURANCE AND ACCEPTANCE INDEMNITY COMPANY

This case involves a defendant's Petition for Reconsideration challenging a WCJ's order that reinstated a prior rescission without addressing the defendant's due process objections. The defendant argued the WCJ erred by proceeding to trial without their attorney and failing to rule on their objection concerning service of evidence and sufficiency of medical reports. The Appeals Board granted reconsideration, finding the threshold issue of injury had not been clearly established and the defendant's objection was not addressed. Consequently, the Board rescinded the WCJ's decision and returned the matter to the trial level for further proceedings, including findings on injury and the defendant's objection.

Petition for ReconsiderationRule 10843Rule 10859Due ProcessObjection to Submission of MatterAgreed Medical ExaminerDates of InjuryElectric WheelchairMandatory Settlement ConferencePretrial Conference Statement
References
0
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