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

Case No. LAO 0815296, LAO 0815298
Regular
Jul 29, 2008

MARIA LIEVANOS vs. GOLDEN STATE FOODS, BROADSPIRE (CRAWFORD & COMPANY) CNA/RSKCO

The Workers' Compensation Appeals Board (WCAB) granted reconsideration, reversing a prior decision that found Crawford's petition for contribution untimely. The WCAB determined that the parties' Compromise and Release (C&R) agreement, specifically paragraph 14, constituted a final judgment of contribution between Crawford and RSKCo, setting forth their respective liabilities. Therefore, the WCAB held that Labor Code section 5500.5(e) did not bar Crawford's claim for reimbursement as the C&R itself provided the basis for contribution.

Workers' Compensation Appeals BoardPetition for ContributionTimelinessStatute of LimitationsCompromise and Release (C&R)Order Approving Compromise and Release (OACR)Apportionment of LiabilityDeclaratory JudgmentContinuing JurisdictionLabor Code Section 5500.5(e)
References
Case No. OAK 294681
Regular
Nov 14, 2007

SCOTT SIMPSON vs. GEO OPTIONS, INC., EARTFORD INSURANCE COMPANY

The Workers' Compensation Appeals Board affirmed the WCJ's decision regarding permanent disability apportionment, finding substantial medical evidence supported a 50% apportionment to pre-existing conditions. The Board also upheld the WCJ's finding of unreasonable delay in medical treatment, justifying a penalty against the defendant. A minor clerical error in the award regarding penalty references was corrected.

Workers' Compensation Appeals BoardScott SimpsonGeo Options Inc.Hartford Insurance CompanyOAK 294681Opinion and Decision After Reconsiderationpermanent disabilityapportionmentspondylolisthesisqualified medical examiner
References
Case No. ADJ962699 (STK 0204013)
Regular
Jun 08, 2009

RUTILIO MIRAMONTES vs. MONIER LIFETILE, AIG, GALLAGHER BASSETT SERVICES, INC.

This case involved Rutilio Miramontes' workers' compensation claim against Monier Lifetile, which was denied based on a post-termination defense under Labor Code section 3600(a)(10). The applicant's injury occurred before termination, and the defendants argued that the claim was invalid as it was filed after notice of termination. The Workers' Compensation Appeals Board (WCAB) denied reconsideration, affirming the Workers' Compensation Judge's finding. The WCAB agreed that the applicant's medical records, which contained evidence of his condition prior to termination, satisfied an exception to the post-termination defense, thus allowing the claim.

Workers' Compensation Appeals BoardRUTILIO MIRAMONTESMONIER LIFETILEAIGGALLAGHER BASSETT SERVICESINC.ADJ962699STK 0204013ORDER DENYING RECONSIDERATIONWORKERS' COMPENSATION ADMINISTRATIVE LAW JUDGE
References
Case No. ADJ3255503 (SDO0362975)
Regular
Mar 15, 2010

JOHN KOSICH vs. COUNTY OF SAN DIEGO SHERIFF'S DEPARTMENT

The Workers' Compensation Appeals Board (WCAB) rescinded a previous award, returning the case to the trial level for further proceedings. The core issue is whether the applicant deputy sheriff's hypertension constitutes "heart trouble" for the purposes of a statutory presumption of industrial injury. The WCAB found the agreed medical evaluator's opinion regarding "heart trouble" unclear, as it did not definitively address the broad legal definition of the term. Therefore, the case requires further medical evaluation and deposition to clarify the applicant's cardiac condition in relation to the legal standard.

Workers' Compensation Appeals BoardDeputy SheriffHeart Trouble PresumptionLabor Code Section 3212.5Labor Code Section 4663(e)ApportionmentAgreed Medical EvaluatorDr. Daniel J. BresslerHypertensionGERD
References
Case No. ADJ7047387
Regular
Dec 17, 2012

CECILIA ALAS vs. G & G APPAREL aka B FRIEND, INC., ACE PROPERTY & CASUALTY Administered By ESIS

This case involves a petition for reconsideration filed by a defendant in a workers' compensation matter. The petitioner subsequently withdrew their petition. The Workers' Compensation Appeals Board is dismissing the petition due to its withdrawal. The Board also admonishes the e-filing petitioner for failing to notify the Reconsideration Unit via email of the withdrawal, which led to wasted Board resources.

ADJ7047387Petition for Reconsiderationwithdrawndismissede-filerControl UnitReconsideration UnitEAMS Reference GuideElectronic FilingDWC website
References
Case No. ADJ7026308
Regular
Apr 01, 2011

CARLOS HERRERA vs. OBSTRO HERMITAGE, EMPLOYERS COMPENSATION INSURANCE COMPANY

The Appeals Board disqualified both the applicant's former counsel, Law Office of Lionel E. Giron, and the defendant's counsel, Tobin-Lucks, due to a conflict of interest. Applicant's attorney, Heather Brandt, failed to obtain informed written consent from her client before seeking and accepting employment with Tobin-Lucks, who represented the opposing party. Sanctions of $250 were imposed on William K. Calderon and the Law Office of Lionel E. Giron for this misconduct. The prior WCJ decision was rescinded, and the case was returned for a new trial with new counsel.

Workers' Compensation Appeals BoardDecision After Reconsiderationdisqualificationsanctionslabor code section 5813WCAB Rule 10561industrial injurylow backheadneck
References
Case No. ADJ1455856
Regular
Aug 24, 2012

GUILLERMO HERNANDEZ vs. SPIESS CONSTRUCTION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration of a finding of 79% permanent disability. The Board found the applicant's vocational expert's opinions regarding diminished future earning capacity unsubstantiated. Consequently, the Board amended the award to reflect 37% permanent disability based on a prior stipulation, and removed any apportionment to non-industrial factors due to lack of substantial medical evidence from the defendant.

WCABSpiess ConstructionState Compensation Insurance FundGuillermo HernandezADJ1455856GRO 0032468ReconsiderationPermanent DisabilityDiminished Future Earning CapacityDFEC
References
Case No. ADJ6500027
Regular
Jun 22, 2009

MARK SCOTT vs. SOUTHERN CALIFORNIA EDISON

The Workers' Compensation Appeals Board granted reconsideration of a finding that applicant Mark Scott sustained an industrial injury to his left knee. The Board found that the medical evidence presented, specifically operative reports, lacked any causation analysis and therefore did not substantially support the finding of industrial injury. Consequently, the case was remanded to the trial level for further development of the medical record concerning causation. The Board also deferred ruling on the statute of limitations defense pending this further development.

Workers' Compensation Appeals BoardSouthern California EdisonMark ScottAOE/COEStatute of LimitationsContinuous TraumaCumulative InjuryLabor Code Section 5405Reynolds v. Workers' Comp. Appeals Bd.Statute of Limitations Tolling
References
Case No. ADJ963026
Regular
Apr 30, 2013

BRODERICK CRAWFORD vs. AC TRANSIT, GATES MCDONALD

This case involves applicant Broderick Crawford's claim for continuing temporary total disability benefits following a 2000 work injury. The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the Administrative Law Judge's (ALJ) decision. The ALJ found Dr. Blackwell's medical opinion to be more persuasive than Dr. Auerbach's, and this constituted substantial evidence to support the award of benefits. The Board affirmed that a single physician's well-reasoned opinion can be sufficient evidence, even if it conflicts with other medical evaluations.

Workers' Compensation Appeals BoardAC TransitGates McDonaldBroderick CrawfordPetition for ReconsiderationReport of WCJsubstantial evidencephysician opiniontemporary total disabilitybilateral hips
References
Case No. ADJ7701496
Regular
Nov 08, 2012

GILBERTO SALDANA vs. SCOTT CHUONG, FARMERS INSURANCE EXCHANGE

The Workers' Compensation Appeals Board (WCAB) affirmed a prior decision finding that Scott Chuong was not the applicant's employer when he sustained a back injury while painting Chuong's home. The applicant was instead found to be employed by Filiberto Montano, an unlicensed and uninsured contractor who hired the applicant. The WCAB also imposed $250 in sanctions against the applicant's attorney for frivolous filings and violations of WCAB Rules, finding no good cause to excuse these actions.

Workers' Compensation Appeals BoardGilberto SaldanaScott ChuongFarmers Insurance ExchangeADJ7701496Opinion and Decision After ReconsiderationOrder Imposing SanctionsLabor Code section 5813WCAB Rule 10561Filiberto Montano
References
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