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

Case No. SAC 308622 SAC 308623 SAC 309351 SAC 323463 SAC 355784
Regular
May 09, 2007

DELETTE ZIEGELMANN-JACKSON vs. COUNTY OF SACRAMENTO

The applicant sought removal to challenge the WCJ's deferral of a ruling on a petition to enforce a subpoena for personal items, arguing it unfairly required a second deposition. The Appeals Board dismissed removal in several cases where no issues were pending, but granted removal in case number SAC 355784. The Board affirmed the WCJ's order deferring the subpoena ruling, allowing for potential further depositions if warranted, and returned the matter for further proceedings.

Workers Compensation Appeals BoardRemovalPetition to EnforceSubpoena Duces TecumDeferred RulingIndustrial InjuryLabor Code Section 132aDiscriminationPrivacyDeposition
References
0
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
0
Case No. ADJ1901810 (SAC 0362345) ADJ381755 (SAC 0362346)
Regular
Feb 03, 2010

RONALD WILLIAMS vs. MV TRANSPORTATION, INC.; AMERICAN HOME ASSURANCE, adjusted by BROADSPIRE

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration as it was untimely filed and not properly verified. The WCAB also denied the defendant's petition for reconsideration, adopting the reasoning of the Workers' Compensation Judge. The underlying decisions found the applicant sustained an industrial injury to his low back, requiring further treatment but no permanent disability. A separate decision found an industrial injury to his right upper extremity (CRPS) and neck/upper back (myofascial pain syndrome), resulting in 75% permanent disability and entitlement to further medical treatment.

Complex Regional Pain SyndromeMyofascial Pain SyndromeAgreed Medical EvaluatorAMA Guides 5th EditionLabor Code section 4658(d)Permanent Disability IndemnityPetition for ReconsiderationUntimely FilingLack of VerificationJurisdictional Time Limit
References
9
Case No. SAC 352539, SAC 352540, SAC 352541, SAC 358303
Regular
Jul 11, 2007

DANIEL BRENT vs. CITY OF DALY CITY

This case involved a firefighter who sustained admitted industrial back injuries in 2004. The Appeals Board granted reconsideration and rescinded the trial judge's decision, ruling that the 1997 Permanent Disability Rating Schedule must be used for calculating benefits. This was because the applicant's pre-2005 medical records indicated permanent disability, and the employer issued a Labor Code section 4061 notice, triggering an exception to the application of the newer 2005 schedule.

Workers' Compensation Appeals BoardCity of Daly Cityfirefighterindustrial injurylow backpermanent disability1997 Schedule2005 ScheduleLabor Code section 4061Labor Code section 4660(d)
References
1
Case No. SAC 0344347; SAC 0344348 SAC 0343619; SAC 0344525
Regular
Apr 11, 2008

LARRY MILLER vs. SIERRA PACIFIC INDUSTRIES, Permissibly Self-Insured

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Reconsideration because it was based on an interlocutory order, not a final decision. The Board also denied the applicant's request for removal, finding no evidence of substantial prejudice or irreparable harm. Ultimately, the applicant's request to redact their Social Security Number from a procedural notice was deemed unnecessary to address at this stage.

Petition for ReconsiderationDenying RemovalSocial Security Number RedactionInterlocutory Procedural OrderFinal OrderSubstantive RightLiability DeterminationExtraordinary RemedySubstantial PrejudiceIrreparable Injury
References
6
Case No. ADJ987086 (SAC 0363033)
Regular
Sep 29, 2000

ROBERT THORNBURG vs. COUNTY OF SACRAMENTO, Permissibly Self-Insured

The Workers' Compensation Appeals Board (WCAB) has granted the defendant County of Sacramento's petition for reconsideration of a prior decision. This action is necessary to allow the Board sufficient time to thoroughly review the factual and legal issues presented in the case. The WCAB intends to issue a just and reasoned decision after further study and potential proceedings. All future communications regarding this matter must be directed to the WCAB's Office of the Commissioners.

Petition for ReconsiderationWorkers' Compensation Appeals BoardCounty of SacramentoPermissibly Self-InsuredStatutory time constraintsFactual and legal issuesJust and reasoned decisionDecision After ReconsiderationOffice of the CommissionersSan Francisco
References
0
Case No. ADJ1754033 (SAC 0370201), ADJ1258059 (SAC 0364768), ADJ220448 (SAC 0364769), ADJ2785733 (SAC 0364770), ADJ4090010 (SAC 0364771), ADJ1380734 (SAC 0364772), ADJ4046532 (SAC 0364773)
Regular
Sep 01, 2011

MONTE PAYNE vs. CITY OF SAN RAFAEL

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to amend a clerical error in the date of injury for case ADJ1258059. The WCAB affirmed the workers' compensation judge's (WCJ) prior findings, specifically regarding the employer's (City of San Rafael) liability for multiple stipulated injuries to the applicant (Monte Payne), including neck, shoulder, extremity, back, and psyche injuries. The WCAB upheld the WCJ's determination that payments of Labor Code section 4850 benefits do not preclude further temporary disability under Labor Code section 4656 and denied the defendant's request to set aside a stipulation to injury.

Monte PayneCity of San Rafaelfirefighterneck injuryshoulder injuryupper extremity injurypsyche injurycumulative traumatemporary disabilityLabor Code section 4850
References
0
Case No. SAC 288492, SAC 292655, SAC 305718
Regular
Aug 08, 2008

JUDY BRAMBLETT vs. RETIREMENT HOUSING FOUNDATION, AUBURN RAVINE TERRACE; REM

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration and rescinded the prior award. The Board returned the case to the trial level, deferring a decision on permanent disability pending the outcome of a related California Court of Appeal case, *Benson v. Permanente Medical Group*. This decision means the original findings regarding the applicant's permanent and stationary date and permanent disability percentages are now set aside.

BramblettRetirement Housing FoundationAuburn Ravine TerraceREMindustrial injurylow backpsychecumulative traumapermanent and stationarypermanent disability
References
2
Case No. SAC 358620, SAC 360470; SAC 342405
Regular
Aug 03, 2007

MICHAEL LEACH vs. GRASS VALLEY ELECTRIC, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration to address the applicant's contention that the WCJ erred in limiting temporary total disability (TTD) indemnity payments and in finding that prior injuries did not contribute to his current TTD. The Board found that the medical evidence was not sufficiently developed to determine causation between the 2002 injuries and the applicant's current disability and need for surgery. Therefore, the case was returned to the trial level for further proceedings to develop the record and obtain a new decision.

Workers' Compensation Appeals BoardMichael LeachGrass Valley ElectricState Compensation Insurance FundReconsiderationFindings and OrderTemporary Disability IndemnityTemporary Total DisabilityLabor Code section 4656Qualified Medical Examiner
References
7
Case No. SAC 306565, SAC 306566, SAC 310519
Regular
Mar 18, 2008

GILBERT A. JONES, SR. vs. TRANSITIONAL COMMUNITY LIVING CENTER, STATE COMPENSATION INSURANCE FUND

This case involves an applicant who sustained industrial injuries in 2001 and 2002. The WCJ initially ruled to combine all injuries under the Wilkinson Doctrine for permanent disability, but the defendant sought reconsideration. The Appeals Board affirmed the WCJ's decision except for the findings on permanent disability and apportionment, remanding these issues for further development and application of the Benson decision, which replaced the Wilkinson Doctrine with a causation-based apportionment regime.

Workers' Compensation Appeals BoardReconsiderationPermanent DisabilityApportionmentWilkinson DoctrineLabor Code Sections 4663Labor Code Sections 4664Brodie DecisionFuentes DecisionBenson Decision
References
4
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