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

Case No. ADJ8245508 ADJ10745009
Regular
Sep 16, 2019

KHORSHID AGAHI vs. HOAG MEMORIAL HOSPITAL

The WCAB granted reconsideration, affirming the WCJ's decision that the applicant's 2012 award was timely reopened. The Board clarified that a Declaration of Readiness to Proceed filed within five years constituted a timely petition to reopen, despite not being explicitly labeled as such. Additionally, the Board affirmed the applicant's entitlement to a psychiatric QME panel, noting the treating physician's recommendation for such an evaluation superseded any procedural arguments regarding objections to his report. The WCAB determined that a prior interlocutory discovery order did not preclude further development of the record.

Petition to ReopenNew and Further DisabilityDeclaration of Readiness to ProceedQualified Medical EvaluatorPsychiatric MedicineInterlocutory OrderRes JudicataEstoppelTimely ReopeningLabor Code Section 5410
References
Case No. LAO 0827308
Regular
Jul 30, 2007

David Phillips vs. ON LINE COMMUNICATIONS, STATE COMPENSATION INSURANCE FUND

This case involves an applicant who sought to reopen a workers' compensation settlement, alleging improper temporary disability payments. The Court of Appeal found "good cause" to reopen under Labor Code section 5803, even without evidence of fraud. Consequently, the Appeals Board granted reconsideration, rescinded the prior decision, and returned the matter to the trial level for further proceedings.

RemittiturPetition to ReopenSet Aside Compromise and ReleaseGood Cause to ReopenLabor Code Section 5803FraudTemporary Disability PaymentsCourt of Appeal OpinionAnnulled OrderRescinded Findings and Order
References
Case No. LAO 828699
Regular
May 16, 2008

Corey Booker vs. AUTO ZONE, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board granted reconsideration to amend a prior award, affirming the need for medical treatment but finding no new temporary disability. The Board determined that the applicant's cessation of work was due to a layoff, not a new or further disability from the injury. Therefore, there was no good cause to reopen the stipulated award for new and further temporary disability.

Workers Compensation Appeals BoardReconsiderationFindings and AwardTemporary Total DisabilityNew and Further DisabilityPetition to ReopenStipulations with Request for AwardMedical TreatmentGood Cause to ReopenLabor Code Sections 5410 and 5803
References
Case No. SRO 0112966
Regular
Aug 21, 2007

GABRIEL AGUIRRE, vs. KENDALL JACKSON WINERY, and FIREMAN'S FUND INSURANCE COMPANY,

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The Board found that the applicant demonstrated new and further disability within five years of the date of injury, as evidenced by worsening symptoms and limitations reported by the evaluating physician between 2001 and 2004. Therefore, the applicant's petition to reopen was deemed timely and the original award remained in effect.

Petition for ReconsiderationSupplemental FindingsAward and Orderspermanent disabilitygood cause to reopenmedical treatment awardCompromise and Releasenew and further disabilitydate of injuryLabor Code section 5410
References
Case No. ADJ7659350
Regular
Jul 22, 2016

CRYSTAL SELTZER vs. RADIO SHACK, LIBERTY MUTUAL INSURANCE FUND

The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration because the defendant was not aggrieved by the WCJ's decision. The WCJ correctly found that the applicant failed to prove new and further disability, thus denying the petition to reopen. Any mention of further medical treatment for the neck in the WCJ's opinion was considered obiter dictum and not a final order. Therefore, the defendant had no final order to appeal.

Petition for ReconsiderationPetition to ReopenNew and Further DisabilityStipulated AwardMedical TreatmentCervical SpineIndustrial InjuryObiter DictumAggrieved PartyLabor Code Section 5803
References
Case No. ADJ6682947
Regular
Nov 13, 2015

GARY WOLFE vs. TRI-SIGNAL INTEGRATION, INC., REDWOOD FIRE AND CASUALTY INSURANCE COMPANY

The Board affirmed the WCJ's decision to reopen the case, finding that the applicant sustained "new and further disability" within five years of his 2007 industrial injury. This new disability was identified as injury to the gastrointestinal system, specifically hemorrhoids, necessitating further medical treatment. The Board also clarified the applicant's permanent disability rating as 75% and awarded indemnity. Defense counsel's procedural objection regarding the applicant's attorney was deemed waived.

Petition to ReopenNew and Further DisabilityGood Cause to ReopenStiipulated AwardPermanent DisabilityMedical TreatmentGastrointestinal SystemHemorrhoidsFive-Year PeriodLabor Code Section 5410
References
Case No. ADJ795254 (MON 0270524)
Regular
Feb 15, 2013

Hattie Goings vs. Werner Enterprises, Travelers Insurance Company

This case involves Hattie Goings' petition for reconsideration of a workers' compensation award that increased her permanent disability rating. Goings claims the administrative law judge erred on multiple grounds, including improper use of the Medical Provider Network, failure to reopen for additional injuries, and evidentiary issues. The defendant, Werner Enterprises, asserts it was not properly served with the petition for reconsideration. Therefore, the Appeals Board granted reconsideration solely to allow the defendant to file a timely answer, ensuring due process.

Petition to ReopenFindings and AwardPermanent Disability IncreaseMedical Provider NetworkIndependent ContractorGood Cause to ReopenPetition for ReconsiderationDue ProcessLife PensionTotally Permanently Disabled
References
Case No. ADJ7852815
Regular
Jul 28, 2015

JANE GREY WALKER vs. CITY OF OAKLAND

This case involves applicant Jane Grey Walker seeking to reopen her workers' compensation case due to new and further disability. The Workers' Compensation Appeals Board (WCAB) granted reconsideration of the judge's premature dismissal of her petition. The judge had dismissed the petition before the applicant had the full 30 days allowed by a Notice of Intention to Dismiss to provide supporting medical evidence. The WCAB rescinded the dismissal and returned the matter for further proceedings.

Petition for ReconsiderationPetition to ReopenNotice of Intention to DismissOrder Dismissing Petition to ReopenNew and Further DisabilityStipulations with Request for AwardAgreed Medical Examiner (AME)Due ProcessOpportunity to be HeardLabor Code Section 5803
References
Case No. ADJ6961963
Regular
Oct 07, 2009

ROSTHAM VARTANIAN vs. MIRACLE ROOTER PLUMBING, STATE COMPENSATION INSURANCE FUND

The Applicant's petition for reconsideration of the October 7, 2009 Order Approving Compromise and Release is dismissed for non-compliance with legal requirements. The WCAB suggests the applicant may seek review under Labor Code section 5803.

Compromise and ReleasePetition for ReconsiderationWCJLabor Code sections 59025903good causereopenrescindedalteredamended
References
Case No. OAK 0255947
Regular
Jun 02, 2008

VALENTINO MUMFORD vs. HUGHES ENTERPRISES, INC., REPUBLIC INDEMNITY COMPANY

The Appeals Board granted reconsideration to address disputes over the applicant's average weekly earnings and the Board's jurisdiction to re-evaluate prior stipulations on earnings. The WCAB has deferred the issue of average weekly earnings and permanent disability indemnity rate, remanding the case to the trial level to determine if good cause exists to set aside prior stipulations on these matters. The Board clarified that earnings capacity for temporary and permanent disability awards may differ, and if stipulations are set aside, new findings must be supported by substantial evidence.

Labor Code section 5803ReopenAverage weekly earningsPermanent disabilityTemporary disabilityStipulation with Request for AwardPetition to ReopenNew and Further DisabilityGood CauseNicky Blair's Restaurant v. Workers' Comp. Appeals Bd. (Macias)
References
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