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

Case No. SAL 0088227, SAL 0092438, SAL 0092439, SAL 0092440
Regular
Apr 11, 2008

LOUIE ARIAS vs. CONSOLIDATED FREIGHTWAYS CORPORATION, CIGA for RELIANCE INSURANCE

The Appeals Board rescinded the WCJ's decision and returned the cases for further proceedings. The primary issue was the WCJ's application of the Wilkinson doctrine for combining permanent disability from multiple injuries, which is no longer generally applicable post-SB 899. The Board remanded the cases to apply the new causation-based apportionment rules established in *Benson v. The Permanent Medical Group*.

Workers' Compensation Appeals BoardConsolidated FreightwaysCIGAReliance InsuranceTIG Insurance CompanyLouie AriasIndustrial InjuryNeck InjuryHead InjuryBack Injury
References
3
Case No. ADJ3566182 (SAL 0077480) ADJ2182459 (SAL 0064054) ADJ3789006 (SAL 0067540) ADJ3867926 (SAL 0067541) ADJ1537096 (SAL 0069548) ADJ3077033 (SAL 0090420) ADJ1445385 (SAL 0100034)
Regular
Nov 07, 2008

JOSE PADILLA vs. CAMPBELL'S FRESH, Permissibly SelfInsured and Adjusted By CONSTITUTION STATE SERVICE COMPANY; LIBERTY MUTUAL INSURANCE COMPANY; TRAVELERS INSURANCE COMPANY; ZURICH AMERICAN INSURANCE COMPANY

The Appeals Board granted reconsideration of the WCJ's decision, rescinding it due to an unresolved issue regarding permanent and stationary dates for the applicant's injuries. The WCJ's reliance on the *Benson* decision for separate permanent disability awards was questioned given that *Benson* was under appellate review. The case is returned to the WCJ to clarify whether the permanent and stationary dates for the various injuries are the same, and to await the appellate decision in *Benson* if they are.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings Award and OrdersPermanent DisabilityReconsiderationCumulative TraumaAgreed Medical EvaluatorApportionmentBenson v. The Permanente Medical GroupWilkinson v. Workers' Comp. Appeals Bd.
References
10
Case No. ADJ3930176 (SAL 0055870) ADJ2088536 (SAL 0051507) ADJ3232425 (SAL 0115935) ADJ1470435 (SAL 0061859) ADJ3408192 (SAL 0059277) ADJ4554530 (SAL 0068730) ADJ3800243 (SAL 0064436)
Regular
Dec 10, 2018

RON GALUPPO vs. PEBBLE BEACH COMMUNITY SERVICES, STATE COMPENSATION INSURANCE FUND

This case concerns a Petition for Reconsideration filed by applicant Ron Galuppo. The Workers' Compensation Appeals Board (WCAB) dismissed the petition as untimely. The WCAB clarified that reconsideration petitions must be *received* by the Board within the statutory period, not merely mailed. Because Galuppo's petition was filed one day after the deadline, it was jurisdictional and therefore dismissed.

Petition for ReconsiderationUntimely FilingWorkers' Compensation Appeals BoardWCJ ReportLabor CodeCalifornia Code of RegulationsJurisdictional Time LimitFindings and OrderOctober 8 2018October 9 2018
References
4
Case No. SAL 0084267, SAL 0084268, SAL 0090529
Regular
Jan 04, 2008

LARRY MYERS vs. CITY OF SALINAS

In this workers' compensation case, the defendant City of Salinas sought reconsideration of an award granting the applicant, a police captain, 84% permanent disability and lifelong pension. The defendant argued for apportionment of disability to non-industrial causes, disputing the applicability of the Labor Code section 3213.2 "duty belt" presumption. The Workers' Compensation Appeals Board denied reconsideration, finding the defendant had previously stipulated to the presumption's applicability and that the applicant independently qualified for it based on his employment history and duty belt usage.

Workers' Compensation Appeals BoardLarry MyersCity of SalinasFindings Award OrdersWCJindustrial injuriesleft kneelower extremitiesspineleft shoulder
References
2
Case No. SAL 95992 SAL 95993 SAL 97616
Regular
Feb 06, 2008

JOSE G. LIZARRAGA (DECEASED) vs. WATSONVILLE PRODUCE, REPUBLIC INDEMNITY COMPANY OF AMERICA

This case concerns whether a binding compromise and release agreement was formed before the applicant's death. The Appeals Board denied reconsideration, finding that the agreement was not "duly executed" as required by statute because the defendant had not signed it, and a Medicare set aside provision was still pending. The majority concluded that a complete meeting of the minds on all material aspects was lacking, making the WCJ's prior finding of a binding agreement erroneous.

Compromise and ReleaseDuly ExecutedMedicare Set AsideBinding AgreementMeeting of the MindsLabor Code Section 5003Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderIndustrial Injury
References
0
Case No. SAL 0095713; SAL 0095714 SAL 0096384
Regular
Mar 03, 2008

NELLIE RUIZ vs. DOCTORS ON DUTY, STATE COMPENSATION INSURANCE FUND, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

The Workers' Compensation Appeals Board granted reconsideration to defer issues of permanent disability and apportionment due to a lack of substantial medical evidence. Neither the Agreed Medical Examiner nor the Qualified Medical Examiner adequately addressed the causation of the applicant's disability as required by Labor Code section 4663. The case is returned to the trial level for further proceedings to develop the record on apportionment.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardIndustrial InjuryLeft KneeRight KneeCumulative TraumaApportionmentPermanent DisabilityAgreed Medical Examiner
References
2
Case No. ADJ4289546 (SAL 0081125) ADJ1402741 (SAL 0108803) ADJ1957943 (SAL 0108004) ADJ2968816 (SAL 0108005) ADJ4583148 (SAL 0108006) ADJ3337827 (SAL 0101675)
Regular
Oct 11, 2013

PRISCILLA HIGUERA vs. MONTEREY PENINSULA UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured, Adjusted by KEENAN & ASSOCIATES

The Workers' Compensation Appeals Board rescinded the prior findings and award and returned the case to the trial level due to insufficient medical evidence regarding apportionment of permanent disability. Both medical examiners failed to provide adequate explanations for their apportionment conclusions between multiple dates of injury and a cumulative trauma. The Board noted the duty to develop the record when medical evidence is insufficient to ensure substantial justice. Further proceedings will address applicant's contentions, including potential additional dates of injury and the timeliness of claims.

Workers Compensation Appeals BoardReconsiderationFindings and AwardPermanent DisabilityApportionmentQualified Medical Examiner (QME)Specific Industrial InjuryCumulative TraumaSubstantial Medical EvidenceDate of Injury
References
10
Case No. SAL 95992 SAL 95993 SAL 97616
Regular
Nov 19, 2007

JOSE G. LIZARRAGA (DECEASED) vs. WATSONVILLE PRODUCE, REPUBLIC INDEMNITY COMPANY OF AMERICA

The Workers' Compensation Appeals Board reversed a prior decision, holding that a compromise and release agreement was not binding at the time of the applicant's death because it was not "duly executed" as required by statute. Crucially, the defendant had not signed the agreement, and a material provision for a Medicare set-aside allocation was still pending approval. The Board found that the applicant's death occurred before all necessary steps for a validly executed agreement were completed, thus the agreement was not finalized.

Jose G. LizarragaWatsonville ProduceRepublic Indemnity Company of AmericaSAL 95992SAL 95993SAL 97616Compromise and ReleaseMedicare Set AsideDuly ExecutedLabor Code Section 5003
References
13
Case No. ADJ1507274 (SAL 0086897) ADJ2790793 (SAL 0119129) ADJ1389554 (SAL 0075071) ADJ1159901 (SAL 0081442) ADJ2589221 (SAL 0081441)
Regular
Mar 09, 2010

WILLIAM HILDEBRAND vs. DASSEL'S PETROLEUM, INC., SEDGWICK CLAIMS, CLARENDON NATIONAL INSURANCE COMPANY

This case involves multiple workers' compensation claims for back, neck, and knee injuries sustained by the applicant. The Workers' Compensation Appeals Board (WCAB) considered Clarendon's contention that prior findings regarding temporary disability were res judicata and could not be modified. The WCAB denied this, finding that the prior award was clarified, not changed, and that the attorney's fee adjustment applied only to new temporary disability. Finally, the WCAB amended the award to allow Clarendon to deduct the Employment Development Department's lien from the applicant's permanent disability award if necessary.

WCABReconsiderationWCJFindings Award OrdersAmended Findings Award OrdersSAL Case NumbersEAMSCumulative TraumaTemporary DisabilityPermanent Disability
References
1
Case No. ADJ769732 (SAL 0120813) ADJ4662339 (SAL 0083272) ADJ705266 (SAL 0094125) ADJ2433088 (SAL 0094126)
Regular
Jan 28, 2011

, Applicant, HENRY VEGA, vs. , Defendant(s). DEPARTMENT OF CORRECTIONS; STATE COMPENSATION INSURANCE FUND,

The Appeals Board rescinded a prior award finding the applicant not yet permanent and stationary and ordered temporary disability indefinitely. This was because the applicant had multiple injuries with different application dates for the 104-week temporary disability cap under Labor Code section 4656(c)(2). The Board returned the case to the trial level to determine which specific injury or injuries caused the applicant's temporary disability. This clarification is necessary to correctly apply the statutory limitations on temporary disability payments.

Workers' Compensation Appeals BoardReconsiderationFindings Award and OrdersTemporary DisabilityMaximum Medical ImprovementLabor Code section 4656(c)(2)104-week capAggregate disability paymentsDate of injuryTrial level
References
0
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