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

Case No. ADJ1924707
Regular
May 29, 2009

JOHN PAUL vs. NAPA VALLEY PACKAGING, INC., STATE COMPENSATION INSURANCE FUND

This Workers' Compensation Appeals Board order denies John Paul's Petition for Reconsideration. The Board adopts and incorporates the reasoning of the Workers' Compensation Judge's report. The petition is denied based on the review of the record.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportdeny reconsiderationNapa Valley PackagingState Compensation Insurance FundADJ1924707SRO 0139678John Pauladministrative law judge
References
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The Workers' Compensation Appeals Board (WCAB) rescinded a prior decision and returned the case for further proceedings.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
Case No. ADJ2829894
Regular
Nov 28, 2011

CAROL LYNN RANDALL vs. FIRST AMERICAN TITLE, ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board (WCAB) has granted the defendant's Petition for Reconsideration regarding a prior decision. This action is necessary to allow the Board further time to thoroughly review the factual and legal issues presented in the case. The WCAB will conduct further proceedings as deemed appropriate to ensure a just and reasoned decision. All future communications must be directed to the WCAB's Office of the Commissioners.

Petition for ReconsiderationWorkers' Compensation Appeals BoardGranting PetitionStatutory Time ConstraintsFactual IssuesLegal IssuesJust and Reasoned DecisionDecision After ReconsiderationOffice of the CommissionersSan Francisco
References
Case No. ADJ3563222
Regular
Dec 26, 2012

SHARON KARR-REDDELL vs. CHRISTOPHERSON HOMES, BROADSPIRE, STATE COMPENSATION INSURANCE FUND

This Workers' Compensation Appeals Board case involves a petition for reconsideration filed by a lien claimant. The Board has granted this petition because it requires further study of the factual and legal issues to ensure a just and reasoned decision. All future communications regarding this case must be filed in writing with the Commissioners' office. This ruling is necessary to allow for a complete understanding of the record before a final decision is issued.

Karr-ReddellChristopherson HomesBroadspireState Compensation Insurance FundADJ3563222SRO 0126894Petition for ReconsiderationDecision After ReconsiderationWorkers' Compensation Appeals BoardStatutory time constraints
References
Case No. ADJ3765992
Regular
Feb 22, 2010

LORRAINE O'KEEFE vs. SURGICAL STAFF NORTH, INC., CIGA by its servicing facility BROADSPIRE SERVICES, for CALCOMP in liquidation, COMMUNITY HOSPITAL OF MONTEREY PENINSULA, Permissibly Self-Insured, CLAIMS MANAGEMENT INC.

This case involves a defendant's petition for reconsideration of a decision filed January 28, 2010. The Workers' Compensation Appeals Board has granted reconsideration to thoroughly review the factual and legal issues presented. This allows for further study of the record to ensure a just and reasoned decision. All future communications regarding this matter should be directed to the Office of the Commissioners in San Francisco.

WORKERS' COMPENSATION APPEALS BOARDReconsiderationPetition for ReconsiderationSurgical Staff NorthCIGACommunity Hospital of Monterey PeninsulaAdj3765992SRO 0132531Decision After ReconsiderationOffice of the Commissioners
References
Case No. ADJ884555 (SRO 0124659)
Regular
Feb 11, 2011

JEANNE HENDERSON vs. STATE COMPENSATION INSURANCE FUND

Applicant sought reconsideration of a finding that her penalty petition was settled by a Compromise and Release (C&R) agreement. She argued the C&R only addressed specific penalties, excluding her claim for failure to advance permanent disability. The majority ruled that Labor Code section 5814(c) presumes all accrued penalty claims are resolved by a C&R unless expressly excluded, and the language here did not meet that standard. Consequently, the applicant's petition for reconsideration was denied.

WCABADJ884555SRO 0124659ReconsiderationFindings and AwardCompromise and ReleaseOACRPenalty PetitionLabor Code Section 4650(b)Labor Code Section 5814(c)
References
Case No. ADJ3434673 (SRO 0141791)
Regular
Feb 11, 2010

DAVID KALLABY vs. NAPA VALLEY COMMUNITY COLLEGE DISTRICT, PSI, Administered By KEENAN & ASSOCIATES

The Workers' Compensation Appeals Board (WCAB) dismissed David Kallaby's petition for reconsideration as untimely. The petition was filed on January 11, 2010, which was over 25 days after the Workers' Compensation Judge's (WCJ) decision was served on November 10, 2009. California law strictly enforces the 20-day filing deadline for reconsideration petitions, with a limited extension for mailing. This jurisdictional deadline means the WCAB lacks the power to grant untimely petitions. Therefore, the WCAB dismissed the petition, noting that even if timely, it would have been denied on the merits based on the WCJ's report.

WORKERS' COMPENSATION APPEALS BOARDDAVID KALLABYNAPA VALLEY COMMUNITY COLLEGE DISTRICTPSIKEENAN & ASSOCIATESADJ3434673SRO 0141791OPINION AND ORDER DISMISSING RECONSIDERATIONLabor Code section 5903petition for reconsideration
References
Case No. ADJ1975641 (SRO 0139288)
Regular
Nov 15, 2010

LETEBRHAN BERHE vs. DLK VENTURES INC. dba HANNA HOUSE, RIDLEY NURSING HOME; VIRGINIA, SURETY INSURANCE COMPANY as, administered by FIRSTCOMP OMAHA

Defendant seeks reconsideration of an award finding applicant sustained a work injury and granted benefits, including reimbursement to EDD from applicant's permanent disability award. The defendant contends the WCJ erred by not ordering applicant to reimburse EDD directly. The Appeals Board granted reconsideration, rescinded the decision, and returned the matter to the trial level. This action was taken to allow the WCJ to determine EDD's entitlement to reimbursement directly from the defendant, given the defendant's failure to notify EDD of permanent disability payments after receiving EDD's lien notice.

WORKERS' COMPENSATION APPEALS BOARDDLK VENTURES INC.HANNA HOUSERIDLEY NURSING HOMEVIRGINIA SURETY INSURANCE COMPANYFIRSTCOMP OMAHAADJ1975641SRO 0139288LETEBRHAN BERHEFindings and Award
References
Case No. ADJ3935605
Regular
Apr 09, 2009

JOHANNA HOAGLAND vs. CITY OF ROHNERT PARK, REMIF

This case, involving Johanna Hoagland and the City of Rohnert Park/REMIF, is dismissed because the petitioner has withdrawn their Petition for Reconsideration. The Board issued an order formally dismissing the petition that was filed. The dismissal is effective as of April 9, 2009.

Petition for ReconsiderationDismissedWithdrawnWorkers' Compensation Appeals BoardJohanna HoaglandCity of Rohnert ParkREMIFADJ3935605SRO 0113564Frank M. Brass
References
Case No. ADJ2894818 (SRO 0132752)
Regular
Mar 02, 2009

DAVID L. BROWN vs. COUNTY OF MENDOCINO, Permissibly Self-Insured, by CLAIMS MANAGEMENT, INC.

The Workers' Compensation Appeals Board rescinded a prior award and returned the case for further proceedings, finding that the administrative law judge erred in issuing an unapportioned permanent disability award. The Board determined that the doctor's report clearly indicated overlap between the applicant's two cardiac impairments, requiring apportionment. While there was no clear evidence for apportionment to the applicant's prior spinal disability, the Board directed the trial level to obtain a new rating that accounts for the duplication in the cardiac conditions. This decision ensures a more accurate and equitable permanent disability assessment by considering the overlap in impairments.

Workers' Compensation Appeals BoardADJ2894818SRO 0132752David L. BrownCounty of MendocinoClaims Management Inc.ReconsiderationSupplemental Findings Award OrderPermanent DisabilityApportionment
References
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