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Case Law Database

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

Case No. ADJ 4200496 (GRO 0030688)
Regular
Jan 19, 2010

FRANCISCO MARTINEZ-REYES vs. SOLAMAR FARMS, INC., STATE COMPENSATION INSURANCE FUND

This case concerns the proper method for calculating permanent disability award commutations for a farm laborer with 100% disability sustained on February 10, 2004. The applicant appeals the administrative law judge's decision favoring the Uniformed Reduction (UR) method, arguing the Uniformed Increasing Reduction (UIR) method better accounts for state average weekly wage (SAWW) increases mandated by Labor Code section 4659. The Appeals Board granted reconsideration, rescinded the prior decision, and remanded the case for a new decision. The Board found the UIR method better serves the goal of consistent periodic payments, and the SAWW increase commencement date was not moot.

Workers' Compensation Appeals BoardUniformed Reduction (UR)Uniformed Increasing Reduction (UIR)State Average Weekly Wage (SAWW)Permanent Disability AwardCommutationLabor Code Section 4659Life PensionTotal Permanent DisabilityCost of Living Adjustment (COLA)
References
1
Case No. ADJ1050422 (SAL 0104052) ADJ3107039 (SAL 0114548)
Regular
Jun 30, 2011

ESTELA LUIS vs. COMMUNITY BRIDGES, STATE COMPENSATION INSURANCE FUND

This case concerns Estela Luis's claim for workers' compensation benefits due to injuries sustained from a specific knee/psyche injury and a cumulative trauma knee injury. The WCJ awarded 100% permanent disability and a lifetime pension, which the defendant sought reconsideration of. The defendant argued the wrong disability rating schedule was used, the 100% rating was unsubstantiated, apportionment was incorrect, and the SAWW increase calculation was erroneous. The Board granted reconsideration, affirming the award except for the SAWW increase calculation, which will be deferred for further proceedings.

WCABCommunity BridgesState Compensation Insurance FundEstela Luispermanent disabilityspecific industrial injurycumulative traumaCook Assistantpermanent disability rating schedulevocational rehabilitation experts
References
2
Case No. ADJ4118785
Regular
Jun 29, 2010

MICHAEL LEWIS vs. REX MOORE ELECTRICAL CONTRACTORS, CHARTIS COSTA MESA

The Appeals Board rescinded a prior award due to a due process violation. The defendant employer was denied an opportunity to rebut the assumed 4.7% annual SAWW increase used to calculate the applicant's attorney's fee. The Board returned the case to the trial level for further proceedings, allowing the defendant to present rebuttal evidence on the SAWW issue. The Board expressed no opinion on the appropriateness of the 4.7% SAWW figure itself.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardPermanent Total DisabilityCommutationAttorney's FeeState Average Weekly Wage (SAWW)Disability Evaluation Unit (DEU)Permanent and Stationary (P\&S) dateIndemnity
References
0
Case No. ADJ361974
Regular
Feb 11, 2013

ANA VELASQUEZ vs. AMERICAN BUILDING MAINTENANCE

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a $1,000 sanction against applicant's attorney, Peter T. Brown, and his firm. The original sanction was for violating rules regarding supervision of non-attorney employees and requiring specific written authorization for settlement documents. The WCAB found Brown's conduct, including alleged misrepresentations and failure to adequately supervise his employee's submission of a compromise and release without full disclosure, warranted an increased sanction. The WCAB is now considering imposing a sanction of up to $2,500 and has given Brown an opportunity to show cause why this increase is not warranted.

Workers' Compensation Appeals BoardSanctionsPetition for ReconsiderationFindings and OrderAdministrative Law JudgeCompromise and ReleaseSupervisionWritten AuthorizationCumulative TraumaGood Faith Negotiation
References
0
Case No. ADJ6610233
Regular
Nov 18, 2014

WILLIAM WILLIAMS (Deceased) vs. STATE OF CALIFORNIA, CDCR - PLEASANT VALLEY STATE PRISON, Legally Uninsured; STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, Adjusting Agency

This case concerns a deceased correctional officer whose dependent sons were awarded death benefits. The Appeals Board denied reconsideration of its prior order requiring an offset for a CalPERS special death benefit received by the decedent's widow, deeming it consistent with precedent and statutory intent. The Board also issued a notice of intention to disallow the applicant's attorney's requested fee increase due to non-compliance with a rule regarding notice to the client of adverse interests. Compliance with this rule is required for the fee increase to be considered by the trial judge.

CalPERSspecial death benefitoffsetdeath benefitsdependent childrenattorney's feesWCAB Rule 10778adverse interestindependent counselPetiton for Reconsideration
References
4
Case No. ADJ4589994 (FRE 0246667)
Regular
Feb 25, 2013

DOROTHY VANDENBERG vs. KINGS COUNTY

The Workers' Compensation Appeals Board granted reconsideration to address an internally inconsistent clause in a Stipulated Award. Defendant sought to clarify the commencement date for the State Average Weekly Wage (SAWW) adjustment to the applicant's life pension. The Board construed the ambiguous clause, drafted by the applicant's attorney, in favor of the defendant. Consequently, the SAWW increase will commence in accordance with the *Baker v. WCAB* decision, effective January 1, 2018.

WORKERS' COMPENSATION APPEALS BOARDDOROTHY VANDENBERGKINGS COUNTYINNOVATIVE CLAIM SOLUTIONSINC.ADJ4589994FRE 0246667RECONSIDERATIONFINDINGS AND ORDERSTIPULATED AWARD
References
3
Case No. ADJ6790437
Regular
Jun 23, 2010

CHRISTOPHER PECKHAM (Dec'd) LISA FALVO-PECKHAM (Widow) vs. RESOLUTION LAW CORP AND REPUBLIC INDEMNITY CO. OF AMERICA

This case concerns a widow's petition for reconsideration of death benefits for her deceased husband. The applicant argued that death benefits should be annually adjusted based on the State Average Weekly Wage (SAWW), even if the decedent's actual earnings did not increase. The Workers' Compensation Appeals Board denied the petition, affirming the administrative judge's finding. The Board concluded that Labor Code section 4453(a)(10) only sets maximum rates and does not mandate automatic increases for death benefits beyond calculated average weekly earnings.

Workers' Compensation Appeals BoardDeath BenefitsPetition for ReconsiderationLabor Code Section 4453(a)(10)State Average Weekly Wage (SAWW)Earning CapacityStipulated AwardApplicant TestimonyExpert TestimonyFinancial Controller Testimony
References
1
Case No. ADJ7831450
Regular
May 07, 2013

MARIO RESENDIZ vs. JERRY HOLLENDORFER STABLES, CHARTIS INSURANCE

This case concerns applicant Mario Resendiz's claim for 100% permanent disability following a 2008 injury. The Appeals Board granted reconsideration, amending the original award to commence permanent total disability payments on March 20, 2010, rather than December 19, 2011. The Board affirmed the finding of 100% permanent disability but returned the matter for the trial judge to recalculate the applicant's attorney's fee. This recalculation must consider a cost of living adjustment (COLA) using a "uniformly increasing reduction" method and a reasonable predicted State Average Weekly Wage (SAWW) increase.

Workers Compensation Appeals BoardReconsiderationFindings and AwardPermanent Total DisabilitySpecific InjuryApportionmentSubstantial Medical EvidenceAttorney's FeeCommutationCost of Living Adjustment (COLA)
References
2
Case No. ADJ7971001
Regular
Apr 16, 2013

DARRYL OYAS vs. CALIFORNIA STATE DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

This case involves a dispute over the attorney's fees awarded in a workers' compensation claim for a 100% permanent disability award. The applicant's attorney argues the administrative law judge erred by excluding the State Average Weekly Wage (SAWW) adjustment factor and by using the Uniform Reduction method for commutation instead of the Uniform Increasing Reduction (UIR) method. The Appeals Board granted reconsideration to allow the judge to recalculate the attorney's fees, incorporating a reasonable SAWW adjustment and applying the UIR commutation method, while still considering factors for determining the fee's reasonableness. The Board emphasized separating the calculation of the award's commuted value from the determination of the attorney's fee percentage.

State Compensation Insurance FundWorkers' Compensation Appeals BoardFindings and AwardAttorney's FeePermanent DisabilityState Average Weekly Wage (SAWW)Uniform Increasing Reduction (UIR) methodCommutationStipulations with Request for AwardCorrectional Officer
References
5
Case No. MISSING
Regular Panel Decision

Waldstreicher v. Michaelian

This is an Article 78 proceeding initiated by social workers in Westchester County seeking a salary increase as per Social Welfare Law § 79-a for those with suitable graduate training. The county interposed several affirmative defenses, including claims of unconstitutionality, infringement on home rule, and the existence of an alternative incentive plan. The court rejected the county's arguments, affirming the Legislature's power to amend the Civil Service Law and ruling that the matter was of state concern, thus not violating home rule. It also determined that the State Department of Social Welfare's failure to promulgate regulations did not deny qualified persons their benefits, and that local department approval of graduate training was appropriate. The court found the county's purported alternative plan to be invalid due to a lack of state approval. Ultimately, the court granted relief to employees who have completed the necessary graduate training, with a provision for further hearing if individual eligibility issues arise.

Article 78 ProceedingSalary IncreaseSocial Welfare LawCivil Service LawHome RuleGraduate TrainingPublic EmployeesStatutory InterpretationConstitutional LawWestchester County
References
4
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