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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. 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. 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. 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. 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. 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. ADJ3845798
Regular
Jan 30, 2009

APRIL EDSBERG vs. KAISER FOUNDATION HOSPITALS

This case involves a petition for reconsideration filed by defendant Kaiser Foundation Hospitals regarding a prior decision. The Workers' Compensation Appeals Board (WCAB) granted reconsideration. The WCAB determined that further study of the factual and legal issues is necessary to ensure a just and reasoned decision. Consequently, the WCAB will conduct further proceedings as it deems appropriate.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationKaiser Foundation HospitalsApril EDSbergADJ3845798SFO 0465253OPINION AND ORDERStatutory time constraintsFactual and legal issuesFurther proceedings
References
Case No. ADJ3322799
Regular
May 06, 2008

RALPH W. HOUGHTON vs. MATHESON GAS, INTERCARE INSURANCE

This case involves a petition for reconsideration filed by Ralph W. Houghton following a decision by the Workers' Compensation Appeals Board. The Board reviewed the petition and the report of the workers' compensation administrative law judge. The Board adopted the judge's reasoning and issued an order denying the petition for reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeWCJ reportDenying ReconsiderationRalph W. HoughtonMatheson GasIntercare InsuranceADJ3322799SFO 0433429
References
Case No. SFO 0498433
Regular
May 15, 2008

ROGELIO VELASQUEZ vs. HEALTH CERAMICS, LTD., ACCA, INC.

This case concerns the dismissal of a chiropractor's lien for $\$ 12,428.35$ after the lien claimant failed to appear at a mandatory settlement conference. The WCJ dismissed the lien, but the claimant objected, arguing they were unaware of the conference due to an incorrect address on file. Although the WCJ's subsequent attempt to vacate the dismissal was procedurally flawed, the Appeals Board granted reconsideration on its own motion due to the claimant's substantial argument. The Board rescinded the dismissal order and returned the matter to the WCJ for a lien conference to ensure proper resolution.

Workers' Compensation Appeals BoardRogelio VelasquezHealth CeramicsLtd.ACCAInc.SFO 0498433ReconsiderationAppeals Board's MotionWCJ
References
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