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

Case No. SRO 113518, SRO 124407
Regular
Apr 08, 2008

REYNALDO RODRIGUEZ vs. FIRST AMERICA CORPORATION, ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration to correct an error in the original award. The Board amended the period of temporary disability for SRO 113518, finding the applicant was temporarily disabled from October 30, 2002, through May 16, 2005, aligning with the medical opinion on the permanent and stationary date. Despite the applicant's procedural filing errors, the Board affirmed the WCJ's decision with this specific correction.

Workers' Compensation Appeals BoardPetition for ReconsiderationJoint Findings Award and OrdersIndustrial InjuryTemporary DisabilityPermanent DisabilityPermanent and Stationary DateMedical Opinion EvidenceApportionmentPetition to Reopen
References
0
Case No. ADJ3765992 (SRO 0132531) ADJ2072207 (SRO 0140061)
Regular
Apr 29, 2009

Lorraine O'Keefe vs. Surgical Staff North, Inc., CAL COMP, In Liquidation, CIGA, Adjusted by BROADSPIRE, COMMUNITY HOSPITAL OF MONTEREY PENINSULA, Permissibly Self-Insured, Adjusted by CLAIMS MANAGEMENT, INC. (ADJ3765992), QUEEN OF THE VALLEY HOSPITAL, Permissibly Self-Insured, Adjusted by SEDGWICK CLAIMS MANAGEMENT SERVICE (ADJ2072207)

This case involves applicant Lorraine O'Keefe's workers' compensation claims for left knee injury. The Workers' Compensation Appeals Board denied reconsideration of the finding that applicant sustained an industrial injury on December 15, 1999, while employed by Community Hospital of the Monterey Peninsula (CHOMP). However, the Board granted reconsideration regarding attorney fees, rescinding the prior award against CHOMP. The issue of CHOMP's liability for applicant's attorney fees under Labor Code section 4064(c) will be returned for further proceedings due to insufficient notice.

Workers' Compensation Appeals BoardSurgical Staff NorthCal CompCIGACommunity Hospital of Monterey PeninsulaClaims Management Inc.Queen of the Valley HospitalSedgwick Claims Management ServiceFindings Award OrdersPetition for Reconsideration
References
0
Case No. SRO 110075; SRO 110076 SRO 117282; SRO 124296 SRO 125019
Regular
Apr 09, 2008

GENARO LEMUS, JR. vs. GHILOTTI BROTHERS CONSTRUCTION COMPANY, ZURICH INSURANCE COMPANY, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration because a recent en banc decision in *Benson* significantly changed how permanent disability is apportioned among multiple industrial injuries. This new apportionment approach requires further development of the medical record to determine the causative sources of the applicant's overall 85% permanent disability. Consequently, the Board rescinded the prior decision and returned the case for further proceedings and a new decision by the WCJ.

Workers' Compensation Appeals BoardGenaro Lemus Jr.Ghilotti Brothers Construction CompanyZurich Insurance CompanyState Compensation Insurance Fundindustrial injuryback injurycarpal tunnelpsychepermanent disability
References
4
Case No. ADJ3765992 (SRO 0132531)
Regular
Apr 06, 2011

LORRAINE O'KEEFE vs. SURGICAL STAFF NORTH, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, BROADSPIRE SERVICES for CAL COMP, COMMUNITY HOSPITAL OF MONTEREY PENINSULA, CLAIMS MANAGEMENT, INC.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration on Community Hospital of Monterey Peninsula's (CHOMP) petition regarding a penalty assessed for delayed payment to CIGA. The WCAB amended the prior order, ruling that CHOMP is not liable for a Labor Code section 5814 penalty because this section applies only to delays in payments to injured workers, not to reimbursements between defendants. However, the WCAB affirmed the prior finding that CHOMP engaged in bad-faith litigation tactics, upholding sanctions under Labor Code section 5813. The final order also clarified the amount owed to CIGA and affirmed the attorney's fees awarded to the applicant's counsel.

Workers Compensation Appeals BoardSurgical Staff NorthCalifornia Insurance Guarantee AssociationCommunity Hospital of Monterey PeninsulaUnreasonable DelayBad Faith LitigationLabor Code Section 5814Labor Code Section 5813Labor Code Section 4064(c)Permanent Disability
References
2
Case No. SRO 99047, SRO 100453, SRO 100595
Regular
May 28, 2008

CAROLYN FITZGERALD vs. DAVE'S PIT STOP, SUPERIOR NATIONAL, CIGA, BROADSPIRE, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) rescinded a prior decision and returned the case for further proceedings. The WCJ's calculation of permanent disability and apportionment was found to be inconsistent with the California Supreme Court's decision in *Brodie* and subsequent WCAB en banc decision in *Benson*. The WCAB stated that the trial judge must reconsider permanent disability and apportionment in light of these rulings, potentially requiring further medical evidence development.

CIGASCIFSuperior NationalliquidationSROindustrial injuryleft kneebackcashierstock clerk
References
7
Case No. SRO 0132302 SRO 0137260 SRO 0137261
Regular
Apr 25, 2008

ROMAN BELTRAN vs. PIEDMONT LUMBER & MILL COMPANY, STATE COMPENSATION INSURANCE FUND

This case concerns the application of Labor Code section 4658(d) to an injury occurring on May 10, 2004, after Senate Bill 899's enactment. The Appeals Board affirmed the WCJ's finding that because the employer did not offer a return-to-work plan for at least 12 months, the permanent disability indemnity payable from 60 days after the P&S date must be increased by 15%. This ruling clarifies that SB 899's provisions apply prospectively from its enactment date to injuries not specifically excluded by the legislation.

Labor Code section 4658(d)SB 899permanent disability awardpermanent and stationary datereturn to workjob offerweekly conversion schedulemedical-legal reporttreating physician's reporttemporary disability indemnity
References
11
Case No. ADJ3106373 (SRO 0136132) ADJ3762980 (SRO 0129707) ADJ642079 (SRO 094945) ADJ3252691 (SRO 094944) ADJ3202994 (SRO 090481)
Regular
Oct 01, 2010

KEVIN JANNELLE vs. FREEMAN MOTORS, ST. PAUL/TRAVELERS INSURANCE COMPANY, DAN MOTTAZ VIDEO, STATE COMPENSATION INSURANCE FUND, MACERICH COMPANY, CHUBB SERVICES CORPORATION

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior ruling that denied Travelers' petition for contribution and/or reimbursement. The Board found that Travelers timely "instituted proceedings" for contribution by filing a Declaration of Readiness to Proceed on January 16, 2009, within one year of the applicant's settlement approval. The case is remanded for arbitration of Travelers' claims and to address SCIF's statute of limitations defense.

Workers' Compensation Appeals BoardContributionReimbursementDeclaration of Readiness to ProceedLabor Code Section 5500.5Compromise and ReleaseStatute of LimitationsArbitrationCumulative TraumaBilateral Upper Extremities
References
1
Case No. ADJ2601082 (SRO 00994437); ADJ641109 (SRO 013784); ADJ2342446 (SRO 0132314); ADJ3682825 (SRO 0132313)
Regular
Aug 09, 2011

JOANNA RILLON, ROBERT STRATTON, EVODIO CARRANZA vs. K-MART CORPORATION; SEDGWICK, TYRIS CORPORATION; STATE COMPENSATION INSURANCE FUND, G&G FOODS; STATE COMPENSATION INSURANCE FUND

In these consolidated cases, the Workers' Compensation Appeals Board reversed Workers' Compensation Judge decisions that limited attorney William T. Ferchland's fees to 12% of increased benefits. The Board found that Ferchland's requested fees, ranging from 13% to 15%, were justified given the good results obtained for his clients through successful negotiations of Compromise and Release agreements. The Board emphasized that while time is a factor, the quality of results achieved is paramount in fee determinations. Consequently, the Board awarded Ferchland the higher fee percentages he initially sought in each case.

Compromise and ReleaseIncreased BenefitsAttorney's FeesWCJ ReportPetition to ReopenPermanent DisabilityMedical TreatmentMandatory Settlement ConferenceVoluntary CooperationLegal Complexity
References
0
Case No. ADJ2601082 (SRO 00994437), ADJ641109 (SRO 0137184), ADJ2342446 (SRO 0132314) ADJ3682825 (SRO 0132313)
Regular
Jun 16, 2011

JOANNA RILLON, ROBERT STRATTON, EVODIO CARRANZA vs. KMART CORPORATION; and SEDGWICK, TYRIS CORPORATION and STATE COMPENSATION INSURANCE FUND, G&G FOODS: STATE COMPENSATION

This case consolidates three workers' compensation matters involving attorney fee disputes before the same Workers' Compensation Judge. The petitioners argue that the judge erred by prioritizing attorney time spent over other factors in determining fees and by applying an arbitrary 12% cap. The Board granted consolidation and removed the cases for reconsideration, finding common legal and factual issues that necessitate further review to ensure just and reasoned decisions. The employer is ordered to pay settlement proceeds while withholding 15% pending the Board's final determination.

Workers Compensation Appeals BoardConsolidationRemovalAttorney's FeeReconsiderationFinding and OrderCompromise and ReleaseWCJWCAB Rule 10778Itemization of Time
References
0
Case No. ADJ845459 (SRO 0087571) ADJ4607755 (SRO 0087572) ADJ4057511 (SRO 0090061) ADJ2403634 (SRO 0097619)
Regular
Aug 20, 2009

CAROL WINSTEAD vs. NAPA VALLEY UNIFIED SCHOOL DISTRICT

The Appeals Board granted reconsideration and affirmed the WCJ's findings on industrial injuries to the applicant's left knee, both knees, low back, and left hand, resulting in temporary and permanent disability awards. The Board deferred the issue of attorney's fees due to the applicant's counsel's failure to provide required notice to the applicant, remanding this to the trial level for further proceedings. The applicant's contention that permanent disability should have been found for vertigo, tinnitus, and hearing loss, and that the record should be further developed on these issues, was not addressed in the decision, but the WCJ's report recommending an increase in attorney's fees was incorporated. The employer is admonished to withhold the equivalent of a 15% attorney's fee from the applicant's award pending further proceedings.

Workers' Compensation Appeals BoardIndustrial InjuryLeft Knee InjuryBilateral Knee InjuryVertigoTinnitusCumulative InjuryPermanent DisabilityTemporary DisabilitySchool Bus Driver
References
0
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