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

Case No. ADJ7166686
Regular
Jul 24, 2012

RICHARD ANDERSON vs. JAGUAR/LANDROVER OF VENTURA, COMPWEST INSURANCE COMPANY

This case involves an applicant who suffered a stroke and subsequent 100% permanent disability following surgery for an industrial shoulder injury. The defendant sought reconsideration, arguing for apportionment to pre-existing conditions and challenging the attorney's fee calculation. The Appeals Board affirmed the 100% permanent disability finding, finding no basis for apportionment as the applicant's pre-existing conditions did not cause the disability itself. However, the Board modified the attorney's fee award, requiring commutation using a specific method and a 3% cost of living adjustment, finding the previously assumed 4.6% to be speculative.

Workers Compensation Appeals BoardRichard AndersonJaguar/Landrover of VenturaCompwest Insurance CompanyADJ7166686ReconsiderationFindings and AwardIndustrial InjuryBrain InjuryNeurological System
References
Case No. ADJ7742592
Regular
Jul 02, 2012

Vonda Anderson vs. County of Los Angeles / Sheriff's Department, Tristar Risk Management

The Workers' Compensation Appeals Board denied reconsideration of a previous decision regarding Vonda Anderson's claim against the County of Los Angeles/Sheriff's Department. The Board adopted the judge's report, finding the defendant failed to demonstrate good cause to overturn the original award. The stipulations indicated the applicant received temporary disability benefits, and the defendant could have inquired about work offers post-disability. Consequently, the defendant's petition for reconsideration was denied.

WCABVonda AndersonCounty of Los AngelesSheriff's DepartmentTristar Risk ManagementADJ7742592Order Denying ReconsiderationStipulationsLabor Code Section 4850Temporary Disability
References
Case No. ADJ11329391, ADJ13022586
Regular
Dec 11, 2020

Richard Mancha vs. California Department of Forestry and Fire Prevention, STATE COMPENSATION INSURANCE FUND

This case involves a firefighter, Richard Mancha, who claimed injury to his heart, memory, and cognitive abilities. Both the applicant and the defendant Department of Forestry and Fire Prevention appealed an earlier award. After reconsideration, the parties reached a Compromise and Release agreement for $150,000, which the Board found adequate and in the applicant's best interest. The Board rescinded the prior Findings and Award and approved the settlement.

Workers' Compensation Appeals BoardRichard ManchaCalifornia Department of Forestry and Fire PreventionLegally UninsuredState Compensation Insurance FundADJ11329391ADJ13022586Opinion and Decision After Reconsiderationapparatus/engineer fire fighterheart trouble presumption
References
Case No. ADJ198338 (OXN 0146100)
Regular
Mar 26, 2010

RICHARD GARLAND vs. COUNTY SANITATION DISTRICT OF LOS ANGELES, ADMINSURE DIAMOND BAR

This case involves five separate workers' compensation awards for Richard Garland against the County Sanitation District of Los Angeles. The defendant seeks reconsideration of the administrative law judge's refusal to allow credit for an alleged overpayment of permanent disability advances made in one case against the indemnity awarded in other consolidated cases. The Appeals Board granted reconsideration, rescinded the prior decisions, and returned the matters for further proceedings. The Board found that the judge erred in disallowing the credit and directed development of the record on payment details and proper calculation/explanation of attorney's fees.

Workers' Compensation Appeals BoardRichard GarlandCounty Sanitation DistrictAdminsureTreatment Plant OperatorPermanent Disability IndemnityPermanent Disability AdvancesOverpayment CreditAttorney's FeesReconsideration
References
Case No. ADJ3080847 (LBO 0340948), ADJ4148428 (LBO 0344716)
Regular
Dec 02, 2013

RICHARD SELLERS vs. ROCKVIEW FARMS, ARROWOOD INDEMNITY COMPANY, Administered by SEGWICK CMS

The Workers' Compensation Appeals Board affirmed a prior award granting Richard Sellers temporary disability indemnity for his bilateral knee and low back injuries sustained in 2001. The defendant challenged nearly three and a half years of this award, arguing the applicant reached permanent and stationary status earlier based on an Agreed Medical Examiner's (AME) opinion. However, the Board found the treating physician's opinion, supported by the successful surgical outcome, constituted substantial evidence of ongoing temporary disability. The Board was not bound by the AME's opinion, especially given discrepancies in findings and the eventual authorization of surgery that resolved the applicant's symptoms.

ADJ3080847ADJ4148428Rockview FarmsArrowood Indemnity CompanySegwick CMSRichard SellersPetition for reconsiderationFindings and Awardtemporary disabilitypermanent disability
References
Case No. ADJ4189587
Regular
Mar 24, 2017

VERA ZAY vs. STUART ANDERSON'S BLACK ANGUS, CHUBB GROUP INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board denied Vera Zay's petition for reconsideration in the case against Stuart Anderson's Black Angus. The Board adopted and incorporated the reasoning of the workers' compensation administrative law judge's report. Additionally, the Board admonished defense counsel for violating page limits, citing non-existent evidence, and raising new issues on reconsideration, warning of potential sanctions.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationAdministrative Director Rule 10205.12(10)Page-limit requirementEvidence not in the recordNew issues on reconsiderationSanctionsLab. Code§ 5813Cal. Code Regs.
References
Case No. ADJ7911474
Regular
Jan 22, 2019

KIA SPREWELL vs. STATE OF CALIFORNIA, RICHARD J. DONOVAN CORRECTIONAL FACILITY

This case involved Kia Sprewell's workers' compensation claim against the Richard J. Donovan Correctional Facility for injuries sustained as an office assistant. The defendant sought reconsideration of the initial award, primarily contesting the commutation method for attorney fees and the substantiality of the neurologist's medical opinions. The Workers' Compensation Appeals Board granted reconsideration in part, affirming the award of permanent disability but amending the attorney fees to be commuted from the side of the life pension award. The Board found the neurologist's opinions on apportionment and rating of various injuries, including headaches and spinal issues, to be substantial medical evidence.

Workers Compensation Appeals BoardKia SprewellRichard J. Donovan Correctional FacilityState Compensation Insurance FundPetition for ReconsiderationFindings and AwardPermanent DisabilityApportionmentLife PensionAttorney Fees
References
Case No. ADJ6871732
Regular
Oct 26, 2019

TAMORA WHITFIELD vs. ONLINE CAR STEREO, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to review a judge's award for Dr. Richards' services. While finding Dr. Sobol was the primary treating physician and referred applicant for lab tests, the Board determined the record lacked sufficient evidence to prove the reasonableness and necessity of Dr. Richards' specific treatments. Consequently, the original award was rescinded, and the case was remanded for further proceedings to develop the record regarding the exact services provided by the lien claimant.

Workers Compensation Appeals BoardPetition for ReconsiderationFindings and AwardLumbosacral spine injuryDr. RichardsOfficial Medical Fee Schedule (OMFS)Labor Code Section 4622Treatment lienReasonableness of chargesPrimary treating physician
References
Case No. ADJ4700532
Regular
Nov 23, 2009

RICHARD DENNY vs. PINKERTON; ACE

Reconsideration granted; WCJ decision affirmed except for rescission of paragraphs (a) and (b) of the Award in favor of Boxer Law Firm and amendments to Findings 6, 7, 10, 11 and paragraphs (a) and (b) of the Award in favor of applicant.

Workers' Compensation Appeals BoardRichard DennyPinkertonACEFindings and AwardVocational Rehabilitation Maintenance AllowanceVRMATemporary DisabilityTDLabor Code section 5814
References
Case No. VNO 513573
Regular
Apr 23, 2008

RICHARD FISCHINGER vs. RALPHS GROCERY COMPANY

The Workers' Compensation Appeals Board granted reconsideration, finding no evidence that the defendant failed to provide necessary medical treatment for the applicant's admitted industrial lung injury. The WCAB amended the findings to state that the defendant rendered all necessary medical treatment and deferred determination of Dr. Weingarten's lien claim. The award for further medical treatment was removed, and the issue of self-procured treatment was also reversed due to lack of supporting evidence.

Ralphs Grocery CompanySedgwick Claims Management ServicesRichard Fischingerpermanent disabilitylung injuryhypertensiondiabetesself-procured medical treatmentWCJFindings and Award
References
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