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

Case No. ADJ7673518, ADJ7647749
Regular
Jan 23, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION / CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant sustained industrial injury to her neck. While the applicant testified to injuring her neck in a workplace incident and this was partially corroborated, the Board found insufficient evidence for other claimed injuries. The Board specifically disagreed with the administrative law judge's credibility assessment concerning the neck injury itself, relying on medical reports and testimony supporting the neck injury claim. The Board affirmed the denial of claims for all other alleged injuries, finding insufficient medical evidence to link them to the incident.

Petition for ReconsiderationFindings and OrderIndustrial InjuryNeck InjuryBack InjurySpine InjuryUpper ExtremitiesPsycheGastroesophageal SystemInternal System
References
Case No. ADJ7024559
Regular
Sep 24, 2013

ANTONIA PEDRO vs. KAISER FOUNDATION HOSPITAL, SEDGWICK CLAIMS MANAGEMENT SERVICES

Defendant Kaiser Foundation Hospital sought reconsideration of an award, claiming newly discovered evidence of EDD payments to the applicant during a period of permanent disability advances. The parties subsequently reached an agreement resolving the issue of EDD reimbursement. Consequently, the Appeals Board granted reconsideration, rescinded the original award, and remanded the matter to the WCJ. The WCJ is to issue an amended award based on the parties' revised stipulations.

Workers' Compensation Appeals BoardPetition for ReconsiderationStipulations with Request for AwardAwardNewly Discovered EvidenceEDDPermanent Disability AdvancesPermanent Disability IndemnityAmended AwardReimbursement
References
Case No. ADJ3563222 (SRO 0126894)
Regular
Jul 25, 2013

SHARON KARR-REDDELL vs. CHRISTOPHERSON HOMES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) reconsidered a decision regarding attorney's fees awarded to applicant's counsel, John Bloom. The WCAB found the original decision erred by calculating fees based on the gross award rather than present value and by not commuting the life pension award for fee payment. The WCAB rescinded the prior order, awarding Mr. Bloom a total of $32,768.18 in attorney's fees based on the present value of both the permanent disability and life pension awards. These fees are to be paid as lump sums commuted from the respective awards through uniform reduction of future payments.

Workers' Compensation Appeals BoardPetition for ReconsiderationPermanent Disability AwardLife Pension AwardAttorney's FeeCommutationPresent ValueUniform Reduction MethodLabor Code Section 4659(c)State Average Weekly Wage
References
Case No. ADJ7861546
Regular
Jun 18, 2019

Ranjan Bhatt vs. California Department of State Hospitals, Coalinga State Hospital

This case involves a petition for reconsideration filed by applicant Ranjan Bhatt regarding an increase in permanent partial disability from 25% to 44% for her low back, left hip, and knee injuries. The applicant contended the judge erred by apportioning liability to non-industrial causes. Following a settlement conference, the parties submitted stipulations for an award of 51% permanent partial disability. The Workers' Compensation Appeals Board approved these stipulations, rescinded the prior award, and issued a new award based on the agreement.

WCABPetition for ReconsiderationFindings and AwardPermanent Partial DisabilityApportionmentNon-industrial causesStipulations With Request for AwardCommissioners' Settlement ConferenceWCJLegal Insurance
References
Case No. ADJ9865530
Regular
Mar 20, 2015

Baldemar Gonzalez, Jr. vs. Morganite Industries, Gallagher Bassett

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration of a prior award. The petition was dismissed because it was filed untimely and was not properly verified. Although the applicant alleged fraud in obtaining the award, and the stipulations appear to lack a required signature, the Board cannot act on these grounds due to procedural deficiencies and expired timeframes. The applicant may still pursue relief under the Board's continuing jurisdiction concerning rescission, alteration, or amendment of the award within five years of the date of injury.

Petition for ReconsiderationStipulations with Request for Awardfraudmisrepresentationuntimely filingverificationLabor Code Section 5902Labor Code Section 5903continuing jurisdictionLabor Code Sections 5803-5804
References
Case No. RIV 0077306
Regular
May 09, 2008

D. ENVER CLAWSON vs. PIER ONE IMPORTS, ZURICH INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) rescinded an award of attorney's fees, finding they are only available under Labor Code § 5814.5 "in addition to" a penalty award under Labor Code § 5814 for unreasonable delay or refusal of treatment. Because the applicant did not seek a § 5814 penalty, the WCAB returned the case for further proceedings to allow the applicant to pursue such a penalty.

Workers' Compensation Appeals BoardReconsiderationLabor Code § 5814.5Labor Code § 5814Attorney's FeesMedical TreatmentStipulated AwardUnreasonable DelayRefusal to Provide TreatmentPenalty
References
Case No. ADJ4613165 (LAO 0778416) ADJ4149404 (LAO 0784600)
Regular
Jan 13, 2012

DENNIS SANCHEZ vs. LAR-PAR, INC./WESTSIDE DISTRIBUTORS; NATIONAL UNION FIRE INSURANCE COMPANY, c/o CHARTIS

The Workers' Compensation Appeals Board granted the defendant's Petition for Reconsideration regarding the rescission of a previously approved Stipulations With Request for Award (SRA). The Board found merit in the defendant's argument that there was no good cause to set aside the SRA, especially since benefits had already been disbursed and accepted. Consequently, the Board rescinded the WCJ's October 28, 2011 order and reinstated the original September 15, 2011 Award approving the SRA. Defendant's allegations of applicant bad faith were noted but deferred to the trial level.

Workers' Compensation Appeals BoardReconsiderationStipulations With Request for AwardRescinding OrderAwardGood CauseLabor Code Section 5813Costs and SanctionsBad FaithFalsification of Documentation
References
Case No. LAO 0861806
Regular
Mar 03, 2008

MARVIN IRVIN vs. COUNTY OF LOS ANGELES, TRISTAR RISK MANAGEMENT

The Defendant sought to rescind a stipulated workers' compensation award, alleging mutual mistake of fact regarding the applicant's return-to-work date and clerical errors in the permanent disability indemnity calculation. The Workers' Compensation Appeals Board granted reconsideration, rescinded the award, and returned the matter to the trial level for further proceedings. This action was taken because the applicant's concurrence in rescission was unknown and the record was unclear regarding the alleged errors.

WCABPetition for RescissionPetition for ReconsiderationStipulations With Request for AwardCumulative Industrial InjuryPermanent Disability Indemnity (PDI)Mutual Mistake of FactClerical ErrorTimeliness of PetitionLabor Code section 4658(d)
References
Case No. ADJ9172410, ADJ9172422
Regular
Apr 22, 2015

DAVID MEANY vs. WALNUT CREEK FORD, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for ULLICO CASUALTY in Liquidation, Administered By PATRIOT RISK SERVICES

The Workers' Compensation Appeals Board granted reconsideration to correct a clerical error in the original award. The Board rescinded an amended award issued without proper jurisdiction and clarified that temporary disability indemnity in ADJ9172422 is payable less sums received from all sources, including EDD. Case ADJ9172410 was taken off calendar as there were no disputed issues. The original award in ADJ9172422, as amended to reflect these clarifications, was affirmed.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardTemporary Disability IndemnityWage-Loss BasisEmployment Development DepartmentAdministrative Law JudgeOff CalendarClerical ErrorJudicial Function
References
Case No. ADJ6968147
Regular
Nov 18, 2010

JAMES SAUNDERS vs. SEASIDE REFRIGERATED TRANSPORT, STATE FUND COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to address a lien for unpaid child support filed by the Stanislaus County Department of Child Support Services (SCDCSS). The original award, approved without knowledge of this lien, needs amendment to account for the $1,867.75 owed. Both the defendant insurer and the applicant agree the lien should be paid from the remaining $2,618.00 in permanent disability benefits. The Board rescinded the award and returned the case to the trial level for a new award incorporating this payment.

Stipulations and AwardPetition for ReconsiderationStanislaus County Department of Child Support ServicesChild Support LienPermanent DisabilityLack of NoticeGood CauseInadvertenceAmendment of AwardRescinded Award
References
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