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

Case No. ADJ 1293553 (VNO 0460149)
Regular
May 12, 2016

CHARLES HOLDER vs. TROY CHRISTIAN dba ADVENTURE LIMOUSINE, THE HARTFORD INSURANCE COMPANY

This case concerns a billing dispute for medical treatment provided to applicant Charles Holder. The Workers' Compensation Appeals Board (WCAB) has remanded the matter for the trial judge to determine if Independent Bill Review (IBR) was properly initiated for services rendered on or after January 1, 2013. The Court of Appeal ordered this remand due to uncertainty regarding whether the defendant provided adequate explanations of review, which is a prerequisite for IBR. If IBR was not properly initiated, the WCAB retains jurisdiction over the dispute.

Workers' Compensation Appeals BoardRemandIndependent Bill ReviewExplanation of ReviewLabor Code section 4603.2Official Medical Fee ScheduleLien ClaimantJurisdictionTrial LevelFindings
References
Case No. ADJ1204838 (SAC 0337972)
Regular
May 26, 2010

MARCUS GREAR vs. DEPARTMENT OF TRANSPORTATION; SCIF STATE EMPLYEES SACRAMENTO

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the finding of 100% permanent disability for the applicant. The defendant argued the vocational evaluator identified other occupations the applicant could perform and that remanding the case was premature due to pending Supreme Court review in *Duncan v. Workers' Comp. Appeals Bd*. The Board found the WCJ had discretion regarding remand and that defendant could seek reconsideration if the WCJ issued a premature decision. In a separate matter, sanctions of $250 were imposed on applicant's counsel for filing a successive petition from a non-final order.

Permanent disabilityVocational evaluatorPetition for reconsiderationRemandLabor Code section 5900Successive petitionNon-final orderSanctionsLabor Code section 5813Frivolous action
References
Case No. ADJ1177048 (SFO 048779)
Regular
Dec 15, 2011

WANDA OGILVIE vs. CITY AND COUNTY OF SAN FRANCISCO

This case concerns an applicant's permanent disability benefits following an industrial injury. The Court of Appeal held that to rebut the 2005 rating schedule's earning capacity adjustment, an employee must demonstrate specific errors in the formula, data, or resulting calculation, or show the rating is inadequate for the injury's impact. The Court reversed a prior award and remanded the matter to the Appeals Board. The Appeals Board rescinded the original award and remanded to the WCJ for a new decision consistent with the Court of Appeal's opinion, allowing for further proceedings.

Remittitur2005 rating schedulediminished future earning capacityDFECearning capacity adjustmentscheduled ratingrebuttalpermanent partial disabilityapportionmenten banc decision
References
Case No. ADJ742262 (SBR 0328044)
Regular
Dec 01, 2009

Thomas Turner vs. CITY OF RIALTO

Applicant's petition for disqualification is dismissed as moot; matter remanded for automatic reassignment to another WCJ.

Petition for disqualificationAutomatic reassignmentWCJ biasPrior employmentDue processTimely motionWCAB Rule 10453Moot petitionRemandAdministrative law judge
References
Case No. VNO 0462079
Regular
Jul 11, 2007

JONAS MORENO vs. FILTERCOR, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's untimely petition for reconsideration of an approved compromise and release settlement. Despite the untimeliness, the WCAB remanded the matter to the administrative law judge to treat the petition as a request to reopen the case. This allows for further proceedings on the merits of the lien claimant's claim.

Petition for ReconsiderationPetition to ReopenUntimely FilingService by MailDefective ServiceLabor Code Sections 5803Labor Code Sections 5804Compromise and ReleaseLien ClaimantWorkers' Compensation Appeals Board
References
Case No. ADJ6839977
Regular
Sep 16, 2013

MARK LEICESTER vs. COX COMMUNICATION dba DENT WIZARD INTERNATIONAL, AMERICAN HOME INSURANCE adjusted by BROADSPIRE

The Workers' Compensation Appeals Board granted the defendant's Petition for Reconsideration. This decision rescinded the original Findings and Awards and remanded the matter for further proceedings. The primary issue was that the original decision relied on exhibits not formally admitted into evidence, violating procedural rules for evidence admission. The Board also noted the absence of stipulations or identified issues in the hearing minutes.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardsLien ClaimantLabor Code section 4603.2(b)(1)Cumulative Trauma InjuryIrritable Bowel SyndromePsychiatric InjuryStipulations With Request for AwardLien Conference
References
Case No. ADJ6487859
Regular
Feb 08, 2012

Carlos Lopez vs. All American Asphalt, Seabright Insurance

This case was remanded by the California Court of Appeal for reconsideration of the defendant's Petition for Reconsideration in light of the *Ogilvie* decision. The Appeals Board granted reconsideration, rescinded the prior Findings and Award and Order of February 17, 2011, and returned the matter to the trial level. The Workers' Compensation Judge will now issue a new decision after further proceedings, applying the *Ogilvie* precedent.

Workers' Compensation Appeals BoardREMANDOgilvie v. Workers' Comp. Appeals Bd.Petition for ReconsiderationFindings and AwardWorkers' Compensation JudgeRESCINDEDtrial levelfurther proceedingsnew decision
References
Case No. ADJ6951777
Regular
Nov 23, 2010

GINGER LOGAN-CANNON vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND/STATE CONTRACTS SERVICES

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration. The Board rescinded the original September 9, 2010 Findings and Award. A clerical error in a subsequent order setting aside the award, which mistakenly referred to other case numbers, was corrected to include the correct case number. The matter is remanded for further proceedings to address the November 29, 2010 hearing.

Petition for ReconsiderationFindings and AwardClerical ErrorRescindedRemandWorkers' Compensation Appeals BoardWCJAdjusting AgencyLegally UninsuredCompanion Cases
References
Case No. ADJ8374764
Regular
Oct 29, 2018

RODY CONTRERAS vs. CITY OF REDONDO BEACH

This case concerns an award of additional attorney's fees to applicant's counsel. The Second District Court of Appeal remanded the matter for such fees after denying the defendant's petition for writ of review. The parties subsequently stipulated to reasonable appellate attorney's fees of $1,600.00. The Workers' Compensation Appeals Board has issued an award for these stipulated fees, payable in addition to any compensation to the applicant.

Workers' Compensation Appeals BoardLabor Code Section 5801additional attorney's feesPetition for Writ of Reviewremandstipulationappellate attorney's feesCity of Redondo BeachPermissibly Self-InsuredAdminSure
References
Case No. ADJ11299000
Regular
Oct 09, 2019

ORLANDO WATKINS vs. SME STEEL CONTRACTORS INC., THE HARTFORD

This Workers' Compensation Appeals Board case involves an award of additional attorney's fees and costs. Following a denial of a Petition for Writ of Review by the Second District Court of Appeal, the matter was remanded for an award of fees. The applicant's counsel and defendant's counsel stipulated to a reasonable fee amount of $4,120.88. The Board found this stipulated amount to be reasonable and issued an award accordingly.

Workers' Compensation Appeals Boardattorney's feescostsPetition for Writ of ReviewLabor Code § 5801Labor Code § 5811stipulated agreementremandappellate attorney's feesHartford Casualty Insurance Company
References
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