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

Case No. ADJ3353821 (SFO 0454092)
Regular
Feb 22, 2010

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

This case involves multiple workers' compensation claims for an applicant against Walgreens and its claims administrator. The Workers' Compensation Appeals Board granted reconsideration and affirmed the judge's original decision, except to rescind the temporary disability indemnity award for June 28, 2006, to December 13, 2006. The Board also considered the applicant's contentions regarding the rate of temporary disability, future medical treatment, and the reopening of a prior claim. Defendant contested awards for neck injury, permanent disability ratings, and apportionment.

WORKERS' COMPENSATION APPEALS BOARDJOZEPHINE PALINSKAWALGREENSINC.SEDGWICK CLAIMS MANAGEMENT SERVICESADJ3353821ADJ369062ADJ2142913ADJ4629827ADJ3059787
References
Case No. ADJ460672 (SFO 0499592), ADJ1224818 (SFO 0499593)
Regular
May 03, 2012

HAMID KHAZAELI vs. SPEDIA.COM INC. and SYSMASTER CORP., GREAT AMERICAN INSURANCE COMPANY

This case involves an applicant, Hamid Khazaeli, who filed a petition with the Workers' Compensation Appeals Board (WCAB). The petition sought reconsideration, removal, disqualification, and to compel testimony from judicial officers. The WCAB, adopting the recommendation of the administrative law judge, has dismissed Khazaeli's petition. Therefore, the applicant's request for further review and action is denied.

ADJ460672ADJ1224818SFO 0499592SFO 0499593Spedia.com Inc.Sysmaster Corp.Great American Insurance CompanyPetition for ReconsiderationPetition for RemovalDisqualification
References
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
Case No. ADJ2647713 (SFO 0504908) ADJ2419734 (SFO 0504906) ADJ292246 (SFO 0505632)
Regular
Sep 28, 2010

ANNA HONG vs. SBC INTERNET SERVICES/PACIFIC BELL, AMERICAN HOME ASSURANCE, SEDGWICK CLAIMS MANAGEMENT SERVICES

This case involves applicant Anna Hong and defendants SBC Internet Services/Pacific Bell and its insurer. The Workers' Compensation Appeals Board is issuing an order to dismiss the Petition for Removal filed by the applicant. This dismissal is based solely on the applicant's withdrawal of that petition. Deputy Commissioner Schmitz, who was part of a prior panel, is unavailable to participate further.

Petition for RemovalWithdrawn PetitionDismissed PetitionWorkers' Compensation Appeals BoardSBC Internet ServicesPacific BellAmerican Home AssuranceSedgwick Claims Management ServicesDeputy Commissioner SchmitzCase Numbers
References
Case No. ADJ925875 (SFO 0493559) ADJ324063 (SFO 0494762)
Regular
Oct 29, 2009

TIRSA ZULETA vs. SAN FRANCISCO UNIFIED SCHOOL DISTRICT, TRISTAR

The Petition for Removal is denied based on the review of the record and the administrative law judge's report.

WORKERS' COMPENSATION APPEALS BOARDPETITION FOR REMOVALDENIEDSAN FRANCISCO UNIFIED SCHOOL DISTRICTTRISTARADMINISTRATIVE LAW JUDGEADJ925875ADJ324063SFO 0493559SFO 0494762
References
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
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
Case No. ADJ1919201
Regular
May 08, 2015

KIN WAH KUNG vs. SAN FRANCISCO COMMUNITY COLLEGE DISTRICT

The applicant, Kin Wah Kung, filed a petition for removal regarding an order that set a hearing for April 24, 2014. Because that hearing date has passed, the petition is now moot. The Workers' Compensation Appeals Board therefore dismissed the petition for removal as it no longer presented a live controversy.

Petition for RemovalOrder Dismissing PetitionMoot PetitionWorkers' Compensation Appeals BoardSan Francisco Community College DistrictADJ1919201SFO 0489567Order Setting HearingApplicantDefendant
References
Case No. SFO 474449
Regular
May 14, 2008

TEREASA HU vs. SALVATION ARMY, GALLAGIER BASSETT SERVICES, INC.

This case involves an applicant who suffered a stroke and psychiatric injury, allegedly due to her employment as a Salvation Army corps officer. The Appeals Board granted reconsideration to address contentions including insufficient evidence of industrial injury, bad faith, and constitutional violations. While upholding the finding of industrial injury, the Board amended the WCJ's decision to defer issues of temporary and permanent disability, apportionment, and attorney's fees, remanding the case for further proceedings.

Workers Compensation Appeals BoardSFO 474449industrial injurypsychevascular systemstroketemporary disabilitypermanent and stationarypermanent disabilityapportionment
References
Case No. SFO 0492831
Regular
Jan 23, 2008

ELIAS MONTOYA vs. ASTON BARNES, INC., STATE COMPENSATION INSURANCE FUND

The Board granted reconsideration to clarify the application of Labor Code section 4656 regarding temporary disability indemnity limits. The Board held that "new and further" disability does not extend the 104-week limit under section 4656(c)(1), nor do spinal disc excisions and bone grafts qualify as "amputations" under section 4656(c)(2)(C). Consequently, the applicant is entitled to temporary disability indemnity only up to two years from the date of the first payment.

Workers' Compensation Appeals BoardElias MontoyaAston Barnes Inc.State Compensation Insurance FundSFO 0492831Opinion and Decision After ReconsiderationTemporary Disability IndemnityIndustrial InjuryThoracic SpineChest Injury
References
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