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

Case No. SBR 0301526, SBR 0318096
Regular
Dec 10, 2007

KAREN MARCIL vs. COUNTY OF SAN BERNARDINO

The Board granted reconsideration in SBR 0301526 concerning "new and further" temporary disability for a foot injury, remanding it for further proceedings to determine compensability under Labor Code § 5410. However, the Board denied reconsideration in SBR 0318096, upholding the finding of a psyche injury and the use of the 1997 Schedule for permanent disability rating. The employer's arguments regarding jurisdiction and the rating schedule were rejected.

new and further temporary disabilityLabor Code § 5410petition to reopen1997 Schedule2005 Schedulepsyche injuryorthopedic injuriesstipulated awardagreed medical evaluatorliberal construction
References
1
Case No. SBR 0273372; SBR 0273378 SBR 0273380; SBR 0278671
Regular
Aug 10, 2007

SHARON CANDLER vs. THE CUSTOMER COMPANY / CIGARETTES CHEAPER, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for SUPERIOR NATIONAL INSURANCE COMPANIES, BROADSPIRE

The Board rescinded findings for two psychiatric injuries due to the applicant's short employment duration, finding them not "sudden and extraordinary." The claim stemming from a robbery and assault was remanded for further proceedings on temporary disability and medical treatment, with orthopedic injuries also deferred pending this development. The Board also ruled that CIGA cannot be ordered to pay temporary disability benefits that the applicant must then reimburse to EDD, as this circumvents statutory limitations on CIGA's liability to the state.

Labor Code section 3208.3(d)sudden and extraordinary employment conditionpsychiatric injuryconvenience store clerkrobberyassaultterminationCIGASuperior National Insurance Companyliquidation
References
10
Case No. ADJ1032441 (SBR 0338213)
Regular
Sep 30, 2011

MARTIN WILLIAM HALEY, II vs. PENSKE LOGISTICS, OLD REPUBLIC

The applicant sought reconsideration of a WCJ's decision finding injury to his left hip and lower back but not to other claimed body parts, and no permanent disability. The applicant's petition for reconsideration was dismissed because it was filed beyond the statutory deadline. Even if timely, the petition would have been denied for failing to specify grounds for reconsideration. The Board emphasized that the time limit for filing a petition for reconsideration is jurisdictional.

Workers' Compensation Appeals BoardADJ1032441SBR 0338213Penske LogisticsOld RepublicPetition for ReconsiderationFindings of Fact and Orderindustrial injuryleft hiplower back
References
2
Case No. SBR 0313572, SBR 0313573, SBR 0313574
Regular
Mar 26, 2009

BERNADETTE GOODIN vs. SUN HEALTHCARE GROUP, INC., CONTINENTAL CASUALTY

The Workers' Compensation Appeals Board dismissed the lien claimant's petition for reconsideration regarding attorney's fees, deeming it withdrawn. The Board granted reconsideration of the WCJ's decision to amend the temporary disability period to October 2, 2002, through August 30, 2003, after the defendant disputed the original award. The Board intends to issue a formal amendment unless good cause to the contrary is presented.

Workers' Compensation Appeals BoardSun Healthcare GroupContinental CasualtyJoint Findings and AwardWCJ's DecisionPulmonary System InjuryTemporary DisabilityPermanent DisabilityApportionmentPenalty
References
0
Case No. SBR 0293741, SBR 0293764, SBR 0305590
Regular
Sep 27, 2007

FELICITAS JONES-MORGAN vs. COUNTY OF SAN BERNARDINO

The Workers' Compensation Appeals Board granted reconsideration, rescinded a prior decision, and returned the case to the trial level for further proceedings. The Board found that the lien claimant's lien was not barred by Labor Code section 4903.5, as it was timely filed. Additionally, the Board determined that the doctrine of laches did not apply because the defendant failed to demonstrate prejudice resulting from the lien claimant's delay.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationLabor Code Section 4903.5LachesPrejudiceStipulated AwardWCJFindings and OrderArrowback Medical Group
References
0
Case No. SBR 0304651, SBR 0304652, SBR 0304653
Regular
Jul 07, 2008

ELIO MUNIZ vs. AMERICOLD FROZEN FOOD CO., LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration to amend the period for which penalties were awarded for delayed temporary disability payments. While affirming the finding of industrial injuries and a stipulation for award, the Board adjusted the penalty period for temporary disability from June 27, 2002, to June 21, 2002, based on defendant's exhibit. All other aspects of the original Findings and Award were affirmed.

Petition for ReconsiderationFindings and AwardWCJStipulation with Request for Awardunreasonable delaytemporary disability indemnitypermanent disability indemnityspinal surgeryLabor Code section 5814temporary total disability
References
0
Case No. SBR 0282949, SBR 0294486, SBR 0296318
Regular
Dec 27, 2007

VICTOR ZYSS vs. ADVANCED RADIOLOGY OF BEVERLY HILLS, LIEN RECOVERY SERVICES

The Workers' Compensation Appeals Board granted reconsideration to amend a dismissal order. The Board affirmed the administrative law judge's dismissal of the lien claimant's lien for failure to appear at a conference and respond to a notice of intention to dismiss. However, the dismissal was amended to be without prejudice.

Workers' Compensation Appeals BoardLien ClaimantDeclaration of ReadinessDismissalDue ProcessReconsiderationFindings and OrderWCJAdministrative Law JudgeLien Recovery Services
References
0
Case No. SBR 0313572 SBR 0313573 SBR 0313574
Regular
May 19, 2008

BERNADETTE R. GOODIN vs. SUN HEALTHCARE GROUP, INC., CONTINENTAL CASUALTY

The Workers' Compensation Appeals Board reconsidered a joint findings and award and affirmed the WCJ's decision. However, the Board amended the award to grant temporary disability indemnity to the applicant commencing October 2, 2002, through August 30, 2003, disagreeing with the defendants' proposed later start date. The matter was then returned to the trial level for further proceedings.

WORKERS' COMPENSATION APPEALS BOARDReconsiderationJoint Findings and AwardTemporary Disability IndemnityWCJReport and RecommendationNotice of IntentionPermanent DisabilityApportionmentPenalty Assessment
References
0
Case No. ADJ950271 (SBR 0337888) ADJ2677930 (SBR 0308933) ADJ4439180 (SBR 0330322) ADJ340658 (SBR 0282268)
Regular
Jun 23, 2011

MARTHA M. ALLEN vs. COUNTY OF SAN BERNARDINO

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration but denied their petition for removal and disqualification. The Board clarified that the WCJ did not exclude defense medical reports but found them unpersuasive, and noted that the defendant's allegations against the WCJ were unprofessional. The Board amended the award to defer the issue of temporary disability underpayment in ADJ4439180, acknowledging it likely stemmed from a mistaken stipulation, and returned the matter for further proceedings.

Petition for RemovalPetition for DisqualificationPetition for ReconsiderationFurther Development of the RecordTemporary Disability IndemnitySelf-Procured Medical TreatmentAverage Weekly EarningsQualified Medical Evaluator (QME)Labor Code Section 5701Labor Code Section 5502(e)(3)
References
4
Case No. ADJ1524218 (SBR 0307413) ADJ4224771 (SBR 0301746) ADJ1704546 (SBR 0318173)
Regular
Jan 06, 2014

ANGELINA WILSON vs. STATE OF CALIFORNIA, DEPT. OF CORRECTIONS & REHABILITATION, STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES

The Appeals Board granted reconsideration and rescinded the prior findings regarding Monica Wilson's lien, remanding the case for further proceedings. The primary issue was the lack of admitted evidence to support the original decision on statute of limitations and lien fee payment. The Board clarified that the lien filing fee, not the activation fee, applies to liens filed after January 1, 2013. The case was returned to the trial level for the WCJ to develop a complete evidentiary record before addressing the statute of limitations and lien validity.

Workers' Compensation Appeals BoardLienStatute of LimitationsLabor Code 4903.5Lien Filing FeeLabor Code 4903.05ReconsiderationFindings of FactStipulated AwardPermanent Disability
References
5
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