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

Case No. SAC 0349873, SAC 0354806
Regular
Mar 20, 2008

LISA CHENNAULT vs. WAL-MART STORES, FRANK GATES SERVICES, CO.

The Workers' Compensation Appeals Board granted Lisa Chennault's petition for reconsideration of a denial of her psychological injury claims against Wal-Mart. The original denial was based on Labor Code section 3208.3(h), which bars claims substantially caused by lawful, good faith personnel actions. The Board found a need for further study of the factual and legal issues to ensure a just decision.

Workers' Compensation Appeals BoardLisa ChennaultWal-Mart StoresFrank Gates ServicesSAC 0349873SAC 0354806ReconsiderationFindings and AwardAdministrative Law JudgeSpecific Injury
References
Case No. SAC 308714, SAC 341852
Regular
Oct 01, 2007

WAYNE LEWIS vs. BEUTLER HEATING AND AIR, ARCH INSURANCE, ST. JOHN'S RETIREMENT VILLAGE, STATE COMPENSATION INSURANCE FUND

This case concerns the applicability of either the 1997 or 2005 Schedule for Rating Permanent Disabilities. The applicant argued a December 2004 treating physician's report indicated permanent disability, thus requiring application of the older 1997 Schedule. The Board denied reconsideration, holding that the physician's report did not state the applicant was permanent and stationary, a necessary condition under Labor Code section 4660(d) and *Vera v. Workers' Comp. Appeals Bd.* for the 1997 Schedule to apply. Therefore, the 2005 Schedule was correctly applied.

Permanent disability schedule1997 schedule2005 schedulepermanent and stationaryP\&SLabor Code section 4660(d)treating physician's reportratable disabilityVera v. Workers' Comp. Appeals Bd.August 18
References
Case No. ADJ1890563 (SAC 0311772) ADJ3098164 (SAC 0357082)
Regular
Jul 03, 2009

PATRICIA YOUNG vs. DEPARTMENT OF CORRECTIONS AND REHABILITATION, STATE COMPENSATION INSURANCE FUND

This case involves Patricia Young seeking workers' compensation benefits from the Department of Corrections and Rehabilitation and State Compensation Insurance Fund. The applicant filed a Petition for Removal, which the Workers' Compensation Appeals Board has reviewed. After considering the petition and the report of the administrative law judge, the Board has denied the Petition for Removal.

Petition for RemovalWorkers' Compensation Appeals BoardDepartment of Corrections and RehabilitationState Compensation Insurance FundAdministrative Law Judge reportDenying removalADJ1890563ADJ3098164SAC 0311772SAC 0357082
References
Case No. ADJ3526765 (SAC 0226620)
Regular
May 14, 2012

GARY HORAT vs. COUNTY OF SACRAMENTO

The Workers' Compensation Appeals Board denied Gary Horat's Petition for Reconsideration in the case against the County of Sacramento. The Board adopted and incorporated the reasoning of the workers' compensation administrative law judge. Horat's supplemental pleading was considered but did not alter the decision. Therefore, the Board's order denied the petition for reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeDeny ReconsiderationSupplemental PleadingCal. Code Regs. tit. 8§ 10848County of SacramentoGary HoratADJ3526765
References
Case No. ADJ2947144 (SAC 0288806), ADJ4018561 (SAC 0305133)
Regular
Apr 16, 2013

DAN HAGAN vs. STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, STATE COMPENSATION INSURANCE FUND, K-MART and SEDGWICK

The Workers' Compensation Appeals Board (WCAB) granted a Petition for Removal regarding case numbers ADJ2947144 and ADJ4018561. Consequently, the WCAB rescinded the Workers' Compensation Judge's (WCJ) January 22, 2013 decision. The matter has been returned to the trial level for further proceedings and a new decision by the WCJ. This action indicates the WCAB found the original decision flawed and requires additional judicial review.

WCABPetition for RemovalGranting RemovalRescind DecisionReturn to Trial LevelWorkers' Compensation Administrative Law JudgeFurther ProceedingsDecision After RemovalADJ2947144ADJ4018561
References
Case No. ADJ7622191 ADJ10153210 ADJ3319380 (SAC 0227891)(MF), ADJ4269417 (SAC 0286258)
Regular
Aug 05, 2019

CATHERINA DE LAY vs. CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for SUPERIOR NATIONAL, DIGNITY HEALTH, TRAVELERS

This case involves a clerical error in the caption of a Workers' Compensation Appeals Board decision from July 19, 2019. The error resulted in the misidentification of adjudication numbers in the original decision. The Board is correcting this clerical error without granting reconsideration, as such errors can be amended at any time. The amended caption now accurately includes all relevant case numbers: ADJ7622191, ADJ10153210, ADJ3319380 (SAC 0227891)(MF), and ADJ4269417 (SAC 0286258).

Workers' Compensation Appeals Boardclerical errorOpinion and DecisionReconsiderationadjudication numbersSuperior Nationalliquidationpermissibly self-insuredCIGADignity Health
References
Case No. ADJ1207580 (SAC 0369001)
Regular
Nov 02, 2009

BILL MOTHERAL vs. GOLDEN EMPIRE COUNCIL, STATE COMPENSATION INSURANCE FUND

The Petition for Reconsideration is denied based on review of the record and the WCJ's report.

Workers' Compensation Appeals BoardDenying ReconsiderationAdministrative Law Judge ReportPetition for ReconsiderationGolden Empire CouncilState Compensation Insurance FundBill MotheralADJ1207580SAC 0369001Alfonso J. Moresi
References
Case No. ADJ3566017 (SAC 0298120)
Regular
Nov 26, 2012

LEONARD CAMPOS (deceased) vs. REGENTS OF THE UNIVERSITY OF CALIFORNIA, Permissibly Self-Insured, Administered by SEDGWICK CMS, INC.

This case involves a dispute over a lien for medical-legal expenses filed by Dr. Goldfield. The applicant's attorneys seek reconsideration of an award approving a stipulation between the lien claimant and the defendant, arguing it improperly transfers liability for the lien to them. The Appeals Board dismissed the petition, finding the applicant's attorneys are not aggrieved parties because the stipulation only resolved the defendant's liability and did not impose any new obligations on counsel. The Board clarified that Dr. Goldfield's claim against the applicant's counsel for the remaining balance of the lien can still be litigated before the WCJ.

WCABADJ3566017SAC 0298120Leonard CamposRegents of the University of CaliforniaSedgwick CMSMcMonagle Steinberg and HesterDr. Michael Goldfieldlien claimantStipulation Award and Order
References
Case No. ADJ1628353
Regular
Aug 29, 2008

DIXIE BOOT vs. CALIFORNIA DEPARTMENT OF FORESTRY ACADEMY, STATE COMPENSATION INSURANCE FUND

Reconsideration granted; WCJ's decision rescinded; matter returned for further proceedings.

Dixie BootCalifornia Department of Forestry AcademyState Compensation Insurance FundWorkers' Compensation Appeals BoardReconsiderationRescinded DecisionFurther ProceedingsTrial LevelWCJUninsured Status
References
Case No. ADJ1544463 (SAC 0339686)
Regular
May 27, 2010

EPIFANIO RODRIGUEZ vs. HOME DEPOT USA, INC.

In this workers' compensation case, the defendant sought reconsideration of a finding that the applicant was entitled to permanent disability benefits and cost of living adjustments (COLAs) commencing January 1, 2004. The defendant argued this issue should be deferred pending the California Supreme Court's decision in *Duncan v. Workers' Comp. Appeals Bd.* The Appeals Board granted reconsideration, rescinded the original finding on the COLA commencement date, and deferred the issue. The matter was returned to the trial level pending the Supreme Court's ruling in *Duncan* or a similar case.

Workers' Compensation Appeals BoardEpifanio RodriguezHome Depot USAInc.Helmsman Management ServicesADJ1544463SAC 0339686ReconsiderationFindings and AwardPermanent and Total Disability
References
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