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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 The Appeals Board granted reconsideration for the applicant, rescinded the original award, and deferred the issues of permanent disability rate, life pension, section 4658(d) adjustment, and attorney fees for further proceedings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. ADJ574848
Regular
May 14, 2012

, DAVID FITZGERALD vs. , STATE OF CALIFORNIA EMPLOYMENT DEVELOPMENT DEPARTMENT

This case concerns a dispute over attorney's fees awarded from a life pension. The defendant sought reconsideration of a supplemental award granting applicant's attorney an additional 15% of the life pension's present value. The Appeals Board granted reconsideration, finding the original award in December 2010 already included a specific attorney's fee for the life pension. Since applicant's counsel did not seek reconsideration of that initial award, they waived their right to a further fee. Therefore, the Board rescinded the supplemental award and ruled the attorney was not entitled to additional fees.

Workers' Compensation Appeals BoardSupplemental Findings and AwardAttorney FeeLife PensionPresent ValuePetition for ReconsiderationAmended Findings and AwardIndustrial InjuryCumulative PeriodPermanent Disability
References
1
Case No. ADJ8555039
Regular
May 26, 2016

JENNIFER SHARPSHAIR vs. CALIFORNIA STATE BOARD OF EQUALIZATION, STATE COMPENSATION INSURANCE FUND

The applicant sought reconsideration of an amended award that reduced her permanent disability benefits without an evidentiary hearing. The WCJ recommended granting reconsideration and rescinding both the original and amended awards due to procedural error. The Appeals Board adopted the WCJ's recommendation, granting reconsideration and returning the case to the trial level for further proceedings. This decision specifically rescinds the April 4, 2016 award and the April 20, 2016 amended award.

Petition for ReconsiderationAmended AwardPermanent Disability BenefitsEvidentiary HearingWCJ ReportRescinded AwardTrial LevelFurther ProceedingsWorkers' Compensation Appeals Board
References
0
Case No. ADJ3712045 (LAO 0871065), ADJ3981215 (LAO 0752424)
Regular
May 20, 2013

MARY STONE vs. STATE OF CALIFORNIA DEPARTMENT OF SOCIAL SERVICES - IHSS, Legally Uninsured

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, finding no error in the original award regarding apportionment and average weekly wage. However, the Board granted the applicant's petition for reconsideration to correct a clerical error in the occupational group number (OGN). The Board amended the award to reflect an OGN of 35, which was utilized in the rating instructions and not disputed by the defendant until this appeal. The original award of 100% permanent disability, encompassing spine, upper extremity, and psychiatric injuries, was otherwise affirmed.

Workers' Compensation Appeals BoardOccupational Group NumberOGNFindings Award & OrderPetition for ReconsiderationAverage Weekly WagePermanent DisabilityApportionmentNurse AttendantSpine Injury
References
1
Case No. VNO 423671
Regular
Jun 13, 2008

NORMA RIVAS vs. COUNTY OF LOS ANGELES

The County of Los Angeles initially filed a petition for reconsideration but then dismissed it after changing legal counsel. The Board will dismiss this petition. Subsequently, the County filed a petition to set aside the original award; the Board grants reconsideration of the award and remands the case to the trial level to determine if good cause exists to set aside the award.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalGranting ReconsiderationDecision After ReconsiderationStipulated AwardPetition to Set Aside AwardGood CauseRescinded AwardTrial Level Proceedings
References
0
Case No. ADJ7578426
Regular
Mar 04, 2016

MICHAEL FIGUEROA vs. STAFFING SYSTEMS, ACE COMPLETE PROGRAMS

This case involves a lien claimant's petition for reconsideration of an award of attorney fees. The Appeals Board granted reconsideration, rescinding the original award of $14,013.47. They found that attorney fees for the lien claimant's initial reconsideration were not recoverable as no sanctions were requested or ordered. Additionally, fees related to a petition for writ of review were denied because the Court of Appeal summarily denied the writ without awarding fees. The Board affirmed an award of $1,673.00, representing attorney fees stipulated by the parties for the underlying trial.

Petition for ReconsiderationAttorney FeesLabor Code Section 5801Labor Code Section 5813Petition for Writ of ReviewSanctionsLien ClaimantWCABWCJJointly and Severally
References
1
Case No. ADJ1825244 (SJO 0218090) ADJ409934 (SJO 0218091) ADJ2092501 (SJO 0243094) ADJ2437045 (SJO 0226020)
Regular
Feb 04, 2011

FESSAHAIE TESFAGIORGIS vs. LIFESCAN/JOHNSON & JOHNSON, OLD REPUBLIC Adjusted By BROADSPIRE

This case involves applicant Fessahaine Tesfagiorgis seeking reconsideration of a workers' compensation award. The defendant, Lifescan/Johnson & Johnson, also petitioned for reconsideration. The Appeals Board granted the defendant's petition and denied the applicant's, amending the original award. Specifically, the psychiatric impairment rating was reduced, resulting in a lower overall permanent disability award of 60% totaling $58,862.50. The applicant's attorney's fee was adjusted to 20% of this revised award, totaling $11,772.50, which the Board found to be reasonable given the case's complexity and the attorney's efforts.

WCABReconsiderationFindings and AwardIndustrial InjuryBilateral FeetRight ShoulderRight WristNeckPsychePermanent Disability
References
0
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. ADJ7534979
Regular
Apr 17, 2012

MARK WINKLER vs. SONNEN MOTORCARS

In this workers' compensation case, the defendant sought reconsideration of an administrative law judge's (WCJ) award regarding industrial injury dates, EDD reimbursement, and permanent disability increases. The defendant identified inconsistencies between the WCJ's findings and award. The WCJ recommended granting reconsideration to address these errors. Due to acknowledged errors in both the original decision and the WCJ's report, the Appeals Board granted reconsideration, rescinded the original award, and returned the matter to the trial level for further proceedings and a new decision.

Workers' Compensation Appeals BoardSonnen Motorcarsservice advisorindustrial injurylow backtemporary disabilitypermanent disabilityEDD reimbursementLabor Code section 4658(d)petition for reconsideration
References
0
Case No. ADJ446518 (MON 0327707)
Regular
Jul 22, 2009

LINO LEMUS vs. CALIFORNIA SKATE FACTORY, STATE COMPENSATION INSURANCE FUND

In this workers' compensation case, the defendant sought reconsideration of an award granting the applicant 64% permanent disability for a right hand and psyche injury. The original judge relied on the Agreed Medical Examiner's (AME) report for the disability rating, but later conceded in his reconsideration report that the AME's opinion was unreliable. The Appeals Board granted reconsideration, rescinded the award, and returned the case to the trial level. This action was taken because the Appeals Board could not affirm the award based on the judge's conflicting statements about which medical evidence he actually relied upon.

Workers' Compensation Appeals BoardLino LemusCalifornia Skate FactoryState Compensation Insurance FundADJ446518ReconsiderationFindings and AwardPermanent DisabilityIndustrial InjuryAgreed Medical Examiner
References
0
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