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Case Law Database

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

Case No. SAC 0343316
Regular
Aug 14, 2007

MELODY BRIDGES vs. SCHURMAN FINE PAPERS, CRUM & FORSTER

The Appeals Board granted reconsideration of its prior order dismissing the applicant's petition, finding it was timely filed. Despite the applicant's petition being deemed timely, the Board, adopting the Judge's report, ultimately denied reconsideration of the original April 4, 2007 findings. This rescinds the dismissal order but affirms the denial of the initial request for reconsideration.

Workers' Compensation Appeals BoardPetition to VacateOpinion and Order Dismissing ReconsiderationTimeliness of FilingPetition for ReconsiderationWCJ Findings and OrdersTemporary DisabilitySalary During DisabilityProof of ServiceElectronic Case History Log
References
0
Case No. MISSING
Regular Panel Decision
Feb 06, 2014

Claim of Kettavong v. Livingston County SNF

The Workers’ Compensation Board (WCB) rescinded the transfer of liability from the employer to the Special Fund for Reopened Cases, finding that the claimant's case was not truly closed when the transfer was initially requested. This was due to an unresolved issue of permanent disability, which an independent medical examination report in 2005 had raised. The employer and its workers’ compensation carrier appealed the WCB's decision. The Appellate Division affirmed the WCB's determination, concluding that substantial evidence supported the finding that the case was not closed. The Court also upheld the WCB's authority to rescind prior findings despite the lack of a timely appeal.

Workers' Compensation Law § 25-aSpecial Fund for Reopened CasesTransfer of LiabilityCase ClosingPermanent Partial DisabilityReduced EarningsIndependent Medical ExaminationMaximum Medical ImprovementSubstantial EvidenceBoard Discretion
References
10
Case No. ADJ9460638
Regular

DAVID HAMALIAN vs. HANSEL FORD, SECURITY NATIONAL INSURANCE CO.

The Workers' Compensation Appeals Board granted the defendant's Petition for Reconsideration regarding a WCJ's order that rescinded a prior finding of no material defect in the defendant's Utilization Review (UR). This decision was based on a subsequent en banc ruling, *Dubon II*, which held that UR decisions are invalid only if untimely. Consequently, the Board rescinded the WCJ's Amended Findings & Order and remanded the case for further proceedings and a new decision consistent with *Dubon II*. The prior finding that the UR was not materially defective was rescinded, and the matter will be reheard to determine the UR's timeliness and applicant's need for surgery.

Utilization ReviewMaterial DefectDubon IDubon IIPetition for ReconsiderationFindings & OrderRescindedAdministrative Law JudgeAppeals BoardEn Banc Decision
References
3
Case No. ADJ8376717
Regular
Apr 12, 2019

SOOHYUN KIM vs. VALENTINO, Permissibly Self-Insured, Administered By GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board (WCAB) affirmed the finding of industrial injury for Complex Regional Pain Syndrome (CRPS) but rescinded the finding of chronic pain. The WCAB also rescinded the finding of permanent and total disability, finding the medical evidence supported a scheduled disability rating between 64-81%. The vocational expert's opinion was deemed insufficient to rebut the scheduled rating or establish permanent total disability. The case was returned to the trial level for further proceedings and a new permanent disability finding based on the medical reports.

Complex Regional Pain SyndromeCRPSIndustrial InjuryPermanent and Total DisabilityReconsiderationVocational ExpertMedical EvidencePermanent Disability RatingAMA GuidesLabor Code
References
14
Case No. ADJ7781989; ADJ8262771
Regular
Oct 03, 2013

MIRIAN GARCIA vs. COOPER COLD FOODS, INC., ILLINOIS MIDWEST INSURANCE AGENCY as administrator for STAR INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) is granting reconsideration of its own prior decision and rescinding a July 23, 2013 decision that had overturned a prior finding of 2% permanent disability for applicant's right knee injury. The WCAB determined that its August 9, 2012 order granting reconsideration was improvidently granted because the applicant had already filed a successive and improper petition for reconsideration. Consequently, the prior order and the subsequent rescinded decision are vacated, and the applicant's petition for reconsideration is dismissed.

WCABReconsiderationPetition for ReconsiderationFindings and AwardAdministrative Law JudgePermanent DisabilityIndustrial InjurySuccessive PetitionImprovidently GrantedVacated
References
4
Case No. ADJ9202893
Regular
Aug 29, 2016

JUAN JOSE ALVAREZ vs. FOOTHILL PACKING, INC.; SPARTA INSURANCE, Administered by YORK RISK SERVICES GROUP

The Workers' Compensation Appeals Board granted Foothill Packing's petition for reconsideration, rescinding Finding of Fact No. 5. This finding ambiguously stated the applicant suffered an industrial event to his neck, shoulder, hip, back, and chest based on his credible testimony. The Board found this finding redundant and misleading, as the WCJ also determined the record needed further development regarding these orthopedic injuries. Therefore, Finding of Fact No. 5 was rescinded, but the WCJ's decision to develop the record further on these claims was affirmed.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact and OrderIndustrial injuryLabor Code section 5310Agreed Medical EvaluatorQualified Medical EvaluatorSubstantial evidenceSpecific injuryThreshold issue
References
11
Case No. ADJ1097551 (FRE 0164588) ADJ1601956 (FRE 0216899)
Regular
Jun 05, 2009

RONNY HENRY vs. CITY OF CLOVIS, legally uninsured, administered by AIMS

This Workers' Compensation Appeals Board decision grants the defendant's petition for reconsideration, partially rescinding a previous award. The Board rescinded temporary total disability benefits for the period after the applicant's Public Employee Retirement System (PERS) disability retirement due to statutory limitations, returning this issue to the trial level for clarification. Additionally, the Board rescinded the finding of injury to the applicant's heart and cardiovascular system, as the medical evidence did not support such a finding despite the presumption of Labor Code section 3212.

Workers Compensation Appeals BoardCity of Clovislegally uninsuredAIMSpolice officerindustrial injuryright legboth feettemporary total disabilitypermanent disability
References
1
Case No. ADJ8149506
Regular
Jul 19, 2017

MARTHA BELTRAN vs. KIMCO STAFFING/KIMSTAFF HR, SEDGWICK CMS

Here's a concise summary for a lawyer: A Petition for Reconsideration was filed by a lien claimant on June 9, 2017, challenging Findings and Orders issued on May 15, 2017. The Workers' Compensation Judge (WCJ) issued an order rescinding those Findings and Orders on June 26, 2017. However, this rescission occurred 16 days after the petition, exceeding the 15-day limit under Rule 10859, rendering the rescission order void. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to affirm the WCJ's intent, validating the rescinded Findings and Orders.

WCABPetition for ReconsiderationOrder RescindingFindings and OrdersAdministrative Law JudgeLien ClaimantVoid OrderAffirm OrderKimco StaffingSedgwick CMS
References
0
Case No. MISSING
Regular Panel Decision

Claim of Tomlin v. L & B Contract Industries, Inc.

Claimant filed a workers' compensation claim for a back injury in August 1998, which the employer controverted. A Workers’ Compensation Law Judge initially found an accident occurred, but the employer later alleged claimant worked while disabled, violating Workers’ Compensation Law § 114-a. The WCLJ affirmed the § 114-a violation but did not rescind the accident finding. On appeal, the Workers’ Compensation Board affirmed the violation and, using its authority under Workers’ Compensation Law § 123, rescinded the prior accident determination based on new evidence challenging claimant's credibility. The Board ultimately concluded no work-related accident occurred. The Appellate Division affirmed the Board's decision, finding both the § 114-a violation and the rescission of the accident finding were supported by substantial evidence.

Workers' Compensation FraudCredibility AssessmentMisrepresentation of DisabilityAppellate ReviewSubstantial Evidence StandardWorkers' Compensation Law § 114-a ViolationWorkers' Compensation Law § 123 AuthorityRescission of Accident FindingSurveillance EvidenceWorkers' Compensation Board Decision
References
6
Case No. ADJ7730252
Regular
Jul 22, 2015

MARIA OLVERA vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, SEDGWICK CMS

The Workers' Compensation Appeals Board reconsidered sanctions imposed by a WCJ against applicant's attorney and representative for failing to disclose a cumulative trauma claim and proceeding to trial without a legal basis. The Board rescinded one sanction for failure to disclose, finding no legal mandate for immediate disclosure, and clarified which parties were sanctioned for proceeding to trial without basis, reducing the penalties. The Board affirmed the award of costs to the defendant for defending against these actions. One Commissioner dissented, believing the conduct was not sanctionable given the evidence presented by applicant's representatives.

WCABSanctionsCostsLabor Code 5813Rule 10561Hearing RepresentativeCumulative TraumaSpecific InjuryDue ProcessBill of Particulars
References
1
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