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Case Law Database

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

Case No. ADJ13341185 (SJO 0254688)
Regular
Dec 12, 2008

Joyce Guzman vs. MILPITAS UNIFIED SCHOOL DISTRICT, KEENAN & ASSOC.

Applicant Joyce Guzman is seeking reconsideration of a Workers' Compensation Appeals Board (WCAB) decision awarding 41% permanent disability, asserting the judge's summary of testimony was inaccurate. The WCAB granted reconsideration, acknowledging the applicant's specific allegations of defects and the need to obtain and review the missing hearing transcript. This action is necessary to allow the Board to fully understand the record and issue a just decision.

Workers' Compensation Appeals BoardJoyce GuzmanMilpitas Unified School DistrictKeenan & Assoc.ADJ13341185SJO 0254688ReconsiderationAmended Findings and AwardPermanent DisabilityDisability Evaluator
References
Case No. SJO 0258870
Regular
Jul 29, 2008

WARREN BROWER vs. DAVID JONES CONSTRUCTION, INC., STATE COMPENSATION INSURANCE FUND

The applicant sought reconsideration of a decision that found it premature to determine permanent disability due to not reaching maximum medical improvement, despite temporary disability payments ending at the statutory 104-week cap. The Appeals Board denied reconsideration, agreeing that the applicant remains temporarily totally disabled and has not reached a permanent and stationary status, as per the agreed medical evaluator. Therefore, the applicant is not yet entitled to permanent total disability benefits.

Warren BrowerDavid Jones ConstructionState Compensation Insurance FundSJO 0258870Petition for ReconsiderationFindings and Ordertemporary disabilitypermanent disabilitymaximum medical improvementaggregate disability payments
References
Case No. SJO 0251644
Significant
Apr 06, 2007

Joseph Baglione vs. Hertz Car Sales, AIG, Cambridge Integrated Services

The Workers' Compensation Appeals Board, in an en banc decision, reconsiders and reverses its prior ruling, holding that for pre-2005 injury claims, the 1997 Schedule for Rating Permanent Disabilities applies only if a pre-2005 comprehensive medical-legal report or a treating physician's report explicitly indicates the existence of permanent disability. The Board affirmed the original judge's decision to apply the 2005 Schedule in this case.

Workers Compensation Appeals BoardJoseph BaglioneHertz Car SalesAIGCambridge Integrated ServicesSJO 0251644Opinion and Order Granting ReconsiderationEn Banc1997 Schedule2005 Schedule
References
Case No. SJO 0265682
Regular
Aug 15, 2008

WILBERT LEE vs. COCA-COLA BOTTLING CO., Permissibly Self-Insured, Adjusted by SEDGWICK CMS

The Workers' Compensation Appeals Board (WCAB) granted Wilbert Lee's petition for reconsideration of a prior decision. This reconsideration is necessary to allow the WCAB further time to thoroughly study the factual and legal issues presented in the case. The WCAB aims to issue a just and reasoned decision after this comprehensive review and potential further proceedings. All future communications should be directed to the WCAB's Reconsideration Unit.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting ReconsiderationStatutory Time ConstraintsFactual IssuesLegal IssuesJust and Reasoned DecisionFurther ProceedingsDecision After ReconsiderationReconsideration Unit
References
Case No. SJO 254457
Regular
May 01, 2007

SHALON THAMES vs. QUALEX INCORPORATED, OLD REPUBLIC INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration, rescinded the previous award, and returned the case for further proceedings because the medical evidence regarding permanent disability and apportionment was critically flawed and lacked substantial evidence. The WCAB found that neither the applicant's treating physician nor the defendant's QME adequately addressed causation and apportionment under current legal principles. The Board ordered further development of the medical record, prioritizing supplemental opinions from existing physicians before considering other options.

WCABShalon ThamesQualex IncorporatedOld Republic Insurance CompanyCrawford & CompanySJO 254457Opinion and Order Granting ReconsiderationDecision After ReconsiderationLabor Code Section 4660(d)1997 Schedule
References
Case No. SJO 0235006
Regular
Apr 04, 2008

Geronimo Vasquez vs. RAMOS BUILDING MAINTENANCE, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board reconsidered a prior award for Geronimo Vasquez's back injury, adjusting the permanent disability. The Board found that 20% of the applicant's permanent disability should be apportioned to a pre-existing condition, reducing the overall award. The weekly indemnity rate was also corrected from $230.00 to $93.33.

Workers Compensation Appeals BoardGeronimo VasquezRamos Building MaintenanceState Compensation Insurance FundSJO 0235006ReconsiderationPermanent DisabilityApportionmentPre-existing ConditionQualified Medical Evaluator
References
Case No. ADJ3706205
Regular
Sep 12, 2008

ANGELA FAN vs. GAMING FUND GROUP, STATE COMPENSATION INSURANCE FUND

Applicant and defendant sought reconsideration of a Findings and Award regarding industrial injury. The WCJ's decision was affirmed with amendments clarifying the period of delayed permanent disability and defendant's credit.

ANGELA FANGAMING FUND GROUPSTATE COMPENSATION INSURANCE FUNDADJ3706205SJO 0245496OPINION AND ORDER DENYING PETITION FOR RECONSIDERATIONGRANTING PETITION FOR RECONSIDERATIONDECISION AFTER RECONSIDERATIONFUNDED CARD PLAYERPERMANENT DISABILITY
References
Case No. SJO 0227228
Regular
Nov 13, 2007

CURTIS CARUSI vs. MARKETSHARE, INC., ACE/USA

This case concerns the apportionment of permanent disability for an applicant with a cumulative trauma injury to his neck and upper extremities. The Agreed Medical Examiner (AME) determined that 60% of the applicant's permanent disability was due to non-industrial spinal stenosis and 40% was work-related. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, finding the AME's opinion constituted substantial medical evidence for apportionment. The WCAB rescinded the prior award and returned the case for a new award reflecting the AME's apportionment.

WCABMarketshare Inc.Curtis CarusiACE/USAESISSJO 0227228Petition for ReconsiderationFindings and AwardIndustrial cumulative traumaNeck injury
References
Case No. ADJ2799313 (SJO 0261389) ADJ3309846 (SJO 0198654)
Regular
Nov 14, 2011

STANLEY IGONI vs. COHERENT, INC., Permissibly Self-Insured, Administered By MATRIX ABSENCE MANAGEMENT

This order denies a petition for reconsideration by Coherent, Inc. The Workers' Compensation Appeals Board (WCAB) adopted and incorporated the reasoning of the workers' compensation administrative law judge's report. The WCAB found the defendant's petition to be timely filed and considered their response. Therefore, the petition for reconsideration is denied.

WORKERS' COMPENSATION APPEALS BOARDSTANLEY IGONICOHERENT INCMATRIX ABSENCE MANAGEMENTADJ2799313ADJ3309846SJO District OfficeORDER DENYING RECONSIDERATIONPetitions for Reconsiderationworkers' compensation administrative law judge
References
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