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

Case No. ADJ2826672 (VNO 0385248)
Regular
Dec 09, 2011

LAURA MATOOK vs. NEW LIFE CINEMA, TRAVELERS INSURANCE COMPANY

This case involved applicant Laura Matook's claim for industrial injury to her head, spine, and psyche, initially awarded as permanent total disability. The defendant insurer, Travelers, sought reconsideration, leading to a prior decision rescinding the award and finding the psyche injury claim barred by res judicata. Applicant sought further reconsideration, arguing her psyche injury developed later and was not addressed in the initial claim. The Board affirmed its prior decision, finding the current psychiatric symptoms and diagnoses were not materially different from those addressed and denied in 2001, and therefore, res judicata applied.

Res judicataNew and further disabilityPetition to reopenIndustrial injuryPermanent total disabilityPsyche injuryHead injurySpine injuryWCJ decisionAppeals Board
References
Case No. ADJ9812024
Regular
Dec 05, 2016

IRMA DEFIORE vs. ORANGE UNIFIED SCHOOL DISTRICT, PSI, YORK RISK SERVICES GROUP

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration, amending the prior findings. While the Board affirmed that the claim is not barred by res judicata, it deferred the issue of the statute of limitations. The Board found the prior decision on the statute of limitations was not supported by substantial evidence. The case is returned to the trial level for further proceedings on the statute of limitations issue.

Workers Compensation Appeals BoardOrange Unified School DistrictYork Risk Services GroupADJ9812024Petition for ReconsiderationOpinion and OrderFindings of Factres judicatastatute of limitationsLabor Code section 5405
References
Case No. VNO 0056968
Regular
Jul 19, 2007

Dorothy Heckman vs. COUNTY OF LOS ANGELES

The Workers' Compensation Appeals Board denied Dorothy Heckman's petition for reconsideration of an order barring certain claims. The Board found that many of Heckman's claims were barred by *res judicata* or by Labor Code section 5814(g) due to being brought more than two years after payment was due. Furthermore, claims not yet decided by the WCJ were deemed premature for reconsideration.

Res JudicataLabor Code section 5814(g)WCJReconsiderationPenaltiesTreatment reimbursementsMedical expensesSelf-procured expensesPretrial settlement conferenceFindings and Award
References
Case No. ADJ498505 (SFO 0420916), ADJ4168794 (SFO 0485699), ADJ6979901
Regular
May 15, 2012

DEBORAH ROLLINS vs. COUNTY OF SOLANO, YORK INSURANCE SERVICES

The Appeals Board granted removal, rescinded a prior order, and canceled a trial date. This action prevents the relitigation of issues concerning the adequacy and applicant's competence to enter into a Compromise and Release agreement. The Board found that these issues were already decided with finality in a prior order that had res judicata effect. Therefore, the defendant would suffer prejudice by having to re-litigate settled matters.

RemovalCompromise and ReleaseAdequacyCompetenceReconsiderationFindings of Fact and LawLabor Code section 5803Petition for ReconsiderationPetition for RemovalSua Sponte
References
Case No. SDO 0335128
Regular
Feb 19, 2008

Joseph Stauffer vs. J&M Keystone, Inc., State Compensation Insurance Fund

The Board granted reconsideration to address SCIF's contentions regarding an award of additional temporary disability benefits. SCIF argued that the applicant's injury and temporary disability were not established, and a prior award was res judicata. The Board rescinded the prior award, finding the stipulations unclear regarding the credit for SDI payments and whether an overpayment had occurred. The case was returned to the trial level for further determination on these issues.

Workers' Compensation Appeals BoardSCIFJoseph Staufferinterim stipulationstemporary disability indemnityState Disability Indemnity (SDI)creditoverpaymentreimbursementEDD
References
Case No. ADJ721289 (POM 0278079) ADJ1988208 (POM 0278080) ADJ6759922
Regular
Jun 03, 2013

GEORGE VELASQUEZ vs. THE KROGER COMPANY dba RALPHS GROCERY

This case involves a defendant seeking reconsideration of a temporary total disability award for the applicant, George Velasquez. The defendant argued that there was insufficient medical evidence to support the award and that the claim was barred by res judicata. The Appeals Board granted reconsideration, finding no substantial medical evidence to establish the applicant's temporary disability during the period in question. Consequently, the Board rescinded the award of temporary disability indemnity.

Workers Compensation Appeals BoardJoint Findings and AwardTemporary Total DisabilityVocational Rehabilitation Maintenance AllowanceRes JudicataCollateral EstoppelSubstantial Medical EvidencePermanent and Stationary StatusAgreed Medical ExaminationCumulative Trauma Injury
References
Case No. ADJ9087501, ADJ10912167
Regular
Feb 07, 2019

RUBEN SANCHEZ vs. RECOLOGY GROVER ENVIRONMENTAL PRODUCTS PSI administered by CORVEL

The Workers' Compensation Appeals Board (WCAB) granted the applicant's Petition for Removal. The WCAB found that the prior WCJ's findings in 2014 were not final orders, as they addressed a discovery dispute rather than substantive rights or liabilities. Therefore, the doctrines of res judicata and collateral estoppel did not bar the applicant from seeking further discovery. Consequently, the WCAB rescinded the WCJ's decision and granted the applicant's petition for an order for inspection.

Petition for RemovalFindings of FactRes JudicataCollateral EstoppelDiscoveryAgreed Medical Examiner (AME)Video Job AnalysisCumulative TraumaMachine OperatorVibration Exposure
References
Case No. ADJ9090850
Regular
Jun 28, 2017

VINCE FERRAGAMO vs. ST. LOUIS RAMS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for FREMONT INDEMNITY COMPANY, in liquidation, HOME INSURANCE COMPANY, in liquidation, BUFFALO BILLS, INC., GREEN BAY PACKERS, NORTHWESTERN NATIONAL INSURANCE COMPANY merged with HIGHLANDS INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) reversed a prior decision, finding that Vince Ferragamo's current claim for cumulative brain injury is not barred by a 1988 compromise and release agreement. The Board determined that the brain injury was unknown and not intended to be covered by the prior settlement, which focused on orthopedic and other known injuries. Therefore, the doctrine of res judicata did not preclude this new claim, and the case was returned for further proceedings.

Workers' Compensation Appeals BoardVince FerragamoSt. Louis RamsFremont Indemnity CompanyHome Insurance CompanyBuffalo BillsGreen Bay PackersNorthwestern National Insurance CompanyHighlands Insurance Companycumulative trauma
References
Case No. ADJ3523217 (OAK 0271650)
Regular
Apr 20, 2010

PAULINE ROACH ARREDONDO vs. MAJOR LEGAL SERVICES AND ST. PAUL TRAVELERS INSURANCE, American Protection/Broadspire

The Workers' Compensation Appeals Board granted applicant's petition for removal, rescinding the prior orders. The Board allowed the applicant's election against St. Paul Travelers Insurance, finding its prior liability res judicata. Discovery by newly-joined defendant American Protection/Broadspire was stayed pending resolution of the claim against St. Paul. This decision supports the applicant's right to elect against a carrier with established liability.

Petition for RemovalElection Against CarrierLabor Code 5500.5(c)Res JudicataInterim Findings Award and OrderSt. Paul Travelers InsuranceAmerican Protection/BroadspireWCJ Report and RecommendationDiscovery StayWorkers' Compensation Appeals Board
References
Case No. ADJ8997142
Regular
Jul 12, 2018

Dave Zada vs. Allpro Millworking, Inc., Liberty Mutual Insurance Company

The Workers' Compensation Appeals Board (WCAB) rescinded a prior decision and found the applicant's claim for blood cancer barred by the statute of limitations. The WCAB acknowledged that the applicant's prior claim for a stroke was already barred by res judicata. However, the WCAB determined that the applicant had knowledge of his blood cancer being work-related in 2004, but failed to file a claim until 2013. Therefore, the claim for blood cancer was untimely.

AOE/COERes JudicataStatute of LimitationsPolycythemia Rubra VeraBlood CancerStrokeChemical ExposureCumulative InjurySpecific InjuryWCJ
References
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