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

Case No. ADJ2929021 (MON 0344046)
Regular
Feb 25, 2014

RONALD KELSEY vs. BARSTOW UNIFIED SCHOOL DISTRICT, SCRMA

This case concerns a Petition for Reconsideration filed by Barstow Unified School District and SCRMA (the defendants) regarding a decision issued on December 27, 2013. The petitioner, the defendants, has officially withdrawn their petition. Consequently, the Workers' Compensation Appeals Board has dismissed the petition. The dismissal order was issued on February 25, 2014.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationDismissedWithdrawnApplicantDefendantSchool DistrictSCRMASan Bernardino District OfficeConfidenital
References
Case No. LBO 0232917 MON 0209839
Regular
Dec 14, 2007

PAMELA GASKELL vs. LAWNDALE SCHOOL DISTRICT/SCRMA

The Workers' Compensation Appeals Board granted reconsideration and rescinded the WCJ's decision, finding the record incomplete and lacking specificity regarding evidence and reasoning. The Board remanded the case to the trial level for further proceedings to ensure due process, including proper exhibit listing, the inclusion of applicant's deposition transcript, and consideration of a formal rating from the Disability Evaluation Unit given the complex medical issues and a prior award. The WCJ must now issue a decision consistent with these requirements.

Workers Compensation Appeals BoardGaskellLawndale School DistrictSCRMAAmended Findings and Awardindustrial injurynew and further disabilitypermanent and stationaryvocational rehabilitationpermanent disability
References
Case No. ADJ992523 (SBR 0278781)
Regular
Jun 24, 2009

ARGELIA VASQUEZ vs. COLTON UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured, administered by SCRMA

The Workers' Compensation Appeals Board granted reconsideration to modify a prior award. While the Board found the employer's challenge to the necessity of laser therapy moot due to failure to conduct timely utilization review, it agreed the judge exceeded authority by ordering ongoing treatment. Consequently, the award was amended to allow only ten laser treatments, as originally requested by the physician.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardLaser TherapyMedical TreatmentUtilization ReviewLabor Code Section 4610Primary Treating PhysicianIndustrial InjuryWCJ Authority
References
Case No. SFO 492433 SFO 490100
Regular
Aug 09, 2007

AMAL KHALEK vs. YELLOW CAB COOPERATIVE, SOUTHERN CALIFORNIA RISK MANAGEMENT SERVICES (SCRMA)

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration because it was filed untimely. The applicant sought to overturn a prior order approving a compromise and release, arguing a lack of mental competency at the time of settlement. However, the petition was filed outside the statutory time limit for reconsideration, rendering it jurisdictionally deficient.

Workers' Compensation Appeals BoardAmal KhalekYellow Cab CooperativeSouthern California Risk Management ServicesSCRMAPetition for ReconsiderationOrder Approving Compromise and ReleaseWCJmental competenceuntimely petition
References
Case No. ADJ2658072 (SBR 0340376)
Regular
Mar 26, 2009

Jason Beaudion vs. BARSTOW UNIFIED SCHOOL DISTRICT, SCRMA UPLAND

The applicant, Jason Beaudion, sought reconsideration of a prior Workers' Compensation Appeals Board (WCAB) decision that denied his claim for a psyche injury. Beaudion argued the original judge erred by not assisting with witness subpoenas and by proceeding without his attorney. However, the WCAB dismissed his petition for reconsideration. This dismissal was based on the petition being filed 36 days after the decision, exceeding the jurisdictional 25-day filing deadline. Consequently, the WCAB lacked the power to consider the merits of the untimely petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationUntimely PetitionJurisdictionalFindings and OrderCompensable Industrial InjuryPsyche InjuryIn Pro PerLabor CodeCode of Civil Procedure
References
Case No. ADJ1173127 (MON 0325384) ADJ3837547 (MON 0325381) ADJ4434066 (MON 0325383) ADJ782804 (MON 0325386)
Regular
Oct 18, 2012

Lech Antonowicz vs. SOUTH PASADENA UNIFIED SCHOOL DISTRICT, YORK INSURANCE SERVICES GROUP, STATE COMPENSATION INSURANCE FUND

In this workers' compensation case, the Appeals Board granted reconsideration of an administrative law judge's award, specifically concerning the applicant's attorney's fees. The defendant argued the attorney's fees were improperly calculated. The Board affirmed the findings and award of temporary and permanent disability indemnity, but deferred the issue of attorney's fees. This deferral is to allow the trial level to clarify the calculation basis, payment, and justification for the attorney's fees in accordance with legal requirements.

WCABreconsiderationindustrial cumulative traumatemporary disability indemnitypermanent disabilityattorney's feesLabor CodeAppeals Board RuleWCJspecific injury
References
Case No. POM 0287185 (ADJ1012998) POM 0291645 (ADJ2363392)
Regular
Feb 23, 2009

SHERRI WILLIAMS vs. SCRMA; STATE COMPENSATION INSURANCE FUND

This Workers' Compensation Appeals Board decision grants reconsideration for applicant Sherri Williams to correct clerical errors. For a 2001 injury to her right shoulder, hip, and neck, the date of injury is amended, but the original findings are otherwise affirmed. For a 2005 low back and internal injury, the permanent disability indemnity rate and commencement date are amended to reflect a higher amount and an earlier start date. All other contentions raised by the applicant were denied.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardsIndustrial InjuryPermanent Partial DisabilityApportionmentPenaltiesMedical TreatmentMedical MileagePermanent Disability Indemnity
References
Case No. AHM 097527
Regular
Jul 24, 2007

WILLIAM SCOTT vs. DOWNEY UNIFIED SCHOOL DISTRICT, SCRMA

The Workers' Compensation Appeals Board affirmed the finding of 100% permanent disability for the applicant's severe back and internal injuries. However, the Board rescinded the denial of the employer's credit for the applicant's third-party recovery and remanded the case. The remanded issues include determining comparative negligence between the employer and the third-party truck company, the employer's credit claim, and the allocation of settlement proceeds, particularly concerning loss of consortium.

Workers' Compensation Appeals BoardReconsiderationIndustrial InjuryUtility WorkerPermanent DisabilityThird Party RecoveryCreditLoss of ConsortiumComparative NegligenceIndependent Contractor
References
Case No. ADJ2671439 (AHM 0097527)
Regular
Jul 16, 2008

WILLIAM DAVID SCOTT vs. DOWNEY UNIFIED SCHOOL DISTRICT, SCRMA

This case concerns an applicant injured while employed as a utility worker who sustained industrial injuries to his back, pelvis, and internal systems. The Appeals Board granted reconsideration to clarify the employer's credit for benefits paid against a civil settlement, specifically amending the language to include benefits paid "directly to or on behalf of" the applicant. Ultimately, the employer must pay benefits until a $2,750,000 threshold is met before asserting a $500,000 credit, with all benefits paid to or for the applicant counting towards this threshold.

ReconsiderationDowney Unified School DistrictCid's TruckingUtility WorkerIndustrial InjuryBack InjuryPelvis InjuryInternal Systems InjuryNegligenceOrdinary Care
References
Case No. ADJ6550105
Regular
Nov 16, 2009

Esther Garcia vs. ANTELOPE VALLEY UNION HIGH SCHOOL DISTRICT, SCRMA

The Appeals Board granted applicant's Petition for Reconsideration, rescinded the prior Order, and returned the matter to the trial level to allow the applicant to challenge the admissibility of "Exhibit Y".

Workers' Compensation Appeals BoardMPNPanel QMEConflict of InterestLabor Code 139.2(o)Additional Body PartsIndustrial InjuryCumulative TraumaPrimary Treating PhysicianMedical Provider Network
References
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