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

Case No. SFO 0421755
Regular
May 30, 2008

FRANK COVERSON vs. SAN FRANCISCO UNIFIED SCHOOL DISTRICT/CITY AND COUNTY OF SAN FRANCISCO administered by TRISTAR RISK MANAGEMENT

The Workers' Compensation Appeals Board denied Frank Coverson's petition for reconsideration in Case No. SFO 0421755. The Board adopted and incorporated the reasoning of the workers' compensation administrative law judge. The applicant's request to have the prior decision reviewed was thus rejected.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeDenying ReconsiderationSan Francisco Unified School DistrictTristar Risk ManagementFrank CoversonSFO 0421755Order Denying ReconsiderationWCJ Report
References
0
Case No. ADJ3353821 (SFO 0454092) ADJ369062 (SFO 0451362) ADJ2142913 (SFO 0454093) ADJ4629827 (SFO 0482716) ADJ3059787 (SFO 0482717)
Regular
May 19, 2010

JOZEPHINE PALINSKA vs. WALGREENS, INC.; SEDGWICK CLAIMS MANAGEMENT SERVICES

The Appeals Board granted reconsideration to award temporary disability indemnity for the left shoulder injury (SFO 0482716 and SFO 0482717) from June 28, 2006, to December 13, 2006, at the stipulated rate of $405.23 per week. This decision was based on evidence showing the applicant's retirement was involuntary due to unaccommodated work restrictions stemming from her injuries. The Board denied other requests as they were either previously addressed or waived by not being raised in earlier petitions. All other aspects of the prior decision were affirmed.

Workers' Compensation Appeals BoardReconsiderationTemporary Disability IndemnityInvoluntary RetirementModified DutyQualified Medical ExaminerTreating PhysicianStipulated RateSuccessive PetitionGood Cause to Reopen
References
3
Case No. SFO 415581; SFO 345919 SFO 337689; SFO 350054 SFO 310231; SFO 384791 SFO 396440; SFO 396441 SFO 396442; SFO 396443 SFO 398379; SFO 398380 SFO 415580
Regular
Jul 10, 2007

GERALD F. BISORDI vs. SAN FRANCISCO RECYCLING/NORCAL WASTE SYSTEMS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, REPUBLIC INDEMNITY COMPANY OF AMERICA

This case involves an applicant seeking to set aside a Compromise and Release agreement for 18 workers' compensation claims. The applicant alleges fraud and lack of proper notification of the agreement's terms. The Workers' Compensation Appeals Board granted reconsideration to return the matter to the trial level to determine service of the agreement, timeliness of the applicant's objection, and good cause to set aside the settlement.

Workers' Compensation Appeals BoardPetition for ReconsiderationCompromise and ReleaseOrder Approving Compromise and ReleaseWCJSan Francisco Recycling/Norcal Waste SystemsCalifornia Insurance Guarantee AssociationRepublic Indemnity Company of AmericaFraudLabor Code Section 132a
References
0
Case No. SFO 0483873; SFO 0483874 SFO 0483875; SFO 0483876 SFO 0364296; SFO 0364297 SFO 0491916
Regular
Jan 16, 2008

GARY G. RYAN vs. PENSKE TRUCK LEASING, OLD REPUBLIC INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration to address issues regarding applicable Permanent Disability Rating Schedules and apportionment of liability. The Board rescinded the previous award, finding the Administrative Law Judge improperly applied the *Wilkinson* rule and did not adequately consider recent case law on PDRS application and apportionment causation. The matter is returned for further proceedings and a new decision by the WCJ consistent with current legal precedent.

Workers' Compensation Appeals BoardReconsiderationJoint Findings and AwardWorkers Compensation Judge (WCJ)Permanent Disability Rating Schedule (PDRS)Labor Code section 4663Labor Code section 4664ApportionmentWilkinson v. Workers' Comp. Appeals Bd.Benson v. The Permanente Medical Group
References
12
Case No. SFO 0470324, SFO 0480936, SFO 0482017
Regular
Dec 28, 2007

GLORIA DE MELLO DREW vs. BLUE SHIELD OF CALIFORNIA, SENTRY CLAIMS SERVICE, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA/CNA CLAIMPLUS, INC.

The Workers' Compensation Appeals Board granted reconsideration, rescinded the Arbitrator's decision, and returned the case for further proceedings. This action was taken because the Arbitrator failed to issue a decision within the statutory 30-day period after submission, as required by Labor Code section 5722, and the arbitration record lacked sufficient documentation. The Board found that the defendant did not waive this procedural defect by waiting to raise it until after the decision was issued.

Workers' Compensation Appeals BoardPetition for ReconsiderationArbitrator's Findings and AwardStipulated AwardContributionReimbursementStatute of LimitationsLabor Code Section 5722Forfeiture of Arbitrator's FeeRescind Decision
References
3
Case No. SFO 0403402, SFO 0461256, SFO 0462349
Regular
Mar 26, 2008

CHARLOTTE E. MIMS-GATEWOOD vs. HELLER, EHRMAN, WHITE & MCAULIFFE, FIREMAN'S FUND INSURANCE COMPANY

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration, rescinding a prior dismissal order. While the Board found the applicant's arguments for reconsideration were valid regarding procedural error in the dismissal, they ultimately determined that the applicant failed to demonstrate good cause to avoid dismissal. Therefore, the applicant's three workers' compensation applications have now been dismissed without prejudice.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder of DismissalNotice of Intention to DismissWCJIndustrial InjuryPsycheReproductive SystemRespiratory SystemCardiovascular System
References
2
Case No. ADJ3258318 (SFO 0474069) ADJ700135 (SFO 0474070) ADJ1322782 (SFO 0492868) ADJ538807 (SFO 0492869) ADJ2536792 (SFO 0474071) ADJ832436 (SFO 0504416)
Regular
Oct 13, 2011

ALAN GIANOLI vs. BECKMAN COULTER; OLD REPUBLIC; AMERICAN HOME ASSURANCE; AMERICAN MOTORIST, LIBERTY MUTUAL FIRE INSURANCE CO.

This case involves defendants' petitions for reconsideration of a decision awarding applicant temporary total disability. The Board previously granted the applicant's reconsideration, reversing the judge's denial of temporary disability benefits after the cumulative trauma injury. Defendants contended the applicant was not entitled to these benefits, arguing he failed to properly seek reconsideration or was already permanent and stationary. The Board denied the petitions, finding the evidence did not support the defendants' claims that the applicant intended to retire at his termination. The Board also rejected Old Republic's attempt to introduce evidence not previously part of the trial record.

Workers' Compensation Appeals BoardReconsiderationTemporary Total DisabilityPermanent and StationaryAgreed Medical ExaminerCumulative Trauma InjuryLayoffModified DutyJudicial NoticeFindings and Award
References
0
Case No. SFO 0497157, SFO 0497158, SFO 0497159
Regular
Feb 07, 2008

CHRISTOPHER BALDWIN vs. CITY OF DALY CITY; Permissibly SelfInsured and Administered by INNOVATIVE CLAIM SOLUTIONS

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The defendant argued that Labor Code §4850 salary continuation benefits should not trigger the notice requirements of Labor Code §4061, thereby preventing the applicant's permanent disability from being rated under the 1997 Schedule. The Board affirmed the judge's finding that the defendant failed to provide the required §4061 notice, entitling the applicant to a 24% permanent partial disability rating under the 1997 PDRS.

WORKERS' COMPENSATION APPEALS BOARDDALY CITYINNOVATIVE CLAIM SOLUTIONSSFO 0497157SFO 0497158SFO 0497159CHRISTOPHER BALDWINFIREFIGHTERINDUSTRIAL INJURYBACK INJURY
References
2
Case No. SFO 0399717 SFO 0399719 SFO 0497379
Regular
Jul 29, 2008

MARY LINDA PEEK vs. WELLS FARGO BANK

This case involves an applicant with multiple industrial injuries to her back and upper extremities, resulting in a claimed 100% permanent disability. The Appeals Board rescinded the initial decision due to the WCJ's failure to properly address apportionment of permanent disability between the injuries, as required by recent case law. The matter is returned to the trial level for further proceedings to determine apportionment consistent with current legal standards, particularly concerning any increase in disability beyond a prior award.

Workers' Compensation Appeals BoardReconsiderationApportionmentPermanent DisabilityIndustrial InjuryCumulative TraumaSpecific InjuryWilkinson RuleBenson RuleSB 899
References
6
Case No. ADJ1378438 (SFO 0473342) ADJ583377 (SFO 0473348) ADJ565698 (SFO 0473345) ADJ1607507 (SFO 0473346) ADJ3222336 (SFO 0498751)
Regular
Jun 24, 2009

ELENA MATEU vs. UNIVERSITY OF CALIFORNIA SAN FRANCISCO

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior WCJ decision in this case. The matter has been returned to the trial level for further proceedings and a new decision by the WCJ. The WCJ is instructed to consider the application of the legal precedent set in *Weiner v. Ralphs Company*. This is not a final decision on the merits, and parties retain all rights to further appeals.

MateuUniversity of California San Franciscolawfully uninsuredADJ1378438ADJ583377ADJ565698ADJ1607507ADJ3222336Opinion and Order Granting ReconsiderationDecision After Reconsideration
References
1
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