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

Case No. AD.J9871583
Regular
Jun 27, 2017

MYUNG HEE CHOI vs. ST. JOHN KNITS, HARTFORD ACCIDENT AND INDEMNITY CO., CANNON COCHRAN MANAGEMENT SERVICES, INC.

Defendant St. John Knits sought reconsideration, arguing that applicant's psychiatric injury was not supported by substantial medical evidence and was not caused by actual employment events. The Workers' Compensation Appeals Board (WCAB) granted reconsideration. The WCAB affirmed the original findings that applicant sustained a compensable psychiatric injury, adopting the WCJ's credibility determinations, and specifically amended the findings to clarify that the report of Dr. Lawrence Moss constitutes substantial evidence.

Workers' Compensation Appeals BoardPsychiatric injuryCompensable injuryActual events of employmentMedical reportsSubstantial evidenceCredibility determinationsFindings and OrderPetition for ReconsiderationDecision After Reconsideration
References
Case No. ADJ3093533 (MON 259690) ADJ676332 (MON 257523)
Regular
May 15, 2009

PEARLENE POWELL vs. SO. CALIFORNIA PERMANENTE MEDICAL GROUP, KAISER PERMANENTE MEDICAL CARE PROGRAM; ST. JOHN'S HEALTH CENTER, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

The Appeals Board denied Kaiser's petition for reconsideration, upholding the finding that the applicant's permanent disability was 100% and not subject to apportionment to St. John's employment. St. John's petition for reconsideration was granted in part to correct a procedural error. The Board amended the prior decision to reinstate the applicant's January 11, 2005 Amended Findings, Award and Order, confirming the prior findings.

ApportionmentAgreed Medical ExaminerSubstantial EvidencePermanent DisabilityReconsiderationPetitionFindings and OrderAmended FindingsAwardOrder
References
Case No. ADJ6446675
Regular
Feb 01, 2011

ANAID AYVAZYAN vs. ST. JOHN KNITS, DISCOVER RE, Administered By CCMSI

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration. The Board affirmed the WCJ's decision, finding the Agreed Medical Examiner's (AME) report constituted substantial evidence despite defendant's arguments against it. The Board also addressed the defendant's contention regarding the exclusion of Dr. Uejo's testimony, clarifying it was properly admitted but afforded little weight as a rebuttal witness on rating, not as a medical expert. Consequently, the defendant's petition was denied, upholding the original findings.

Workers' Compensation Appeals BoardSt. John KnitsDiscover RECCMSIAnaid AyvazyanPetition for ReconsiderationReport and RecommendationWCJDr. Uejorating expert
References
Case No. ADJ246238 (SFO 0503079) ADJ491939 (SFO 0503081
Regular
Sep 01, 2011

JACKIE MOSELEY vs. ST. JOHNS KNITS, TRAVELERS INSURANCE COMPANY Administered By CCMSI

The Workers' Compensation Appeals Board granted reconsideration and amended a prior decision. The amendment corrected the permanent disability rating for Jackie Moseley's August 21, 2004 injury from 34% to 32%. This adjustment, equaling $31,950.00, was made after accounting for loss of earning capacity, age, occupation, and apportionment. The decision also clarified that the defendant's failure to offer modified work triggers an additional 15% permanent disability payment under Labor Code section 4658(d)(2).

WORKERS' COMPENSATION APPEALS BOARDST. JOHNS KNITSTRAVELERS INSURANCE COMPANYCCMSIADJ246238ADJ491939OPINION AND ORDER GRANTING RECONSIDERATIONDECISION AFTER RECONSIDERATIONPERMANENT DISABILITYCERVICAL SPINE
References
Case No. GRO 27301, GRO 28637
Regular
Feb 11, 2008

HERMAN DENNLER vs. TIMEC CO., INC., ST. PAUL TRAVELERS, OPEN WAVES SYSTEMS, LUMBERMAN'S MUTUAL CASUALTY COMPANY

This Workers' Compensation Appeals Board opinion corrects a clerical error in a previous decision, specifically removing the incorrect statement that St. Paul Travelers was adjusted by Broadspire. The case involves two injuries sustained by Herman Dennler in 2002, with awards of permanent disability indemnity and future medical treatment granted against Timec Co., Inc. (insured by St. Paul Travelers) and Open Wave Systems (insured by Lumberman's Mutual Casualty Company). The correction clarifies that St. Paul Travelers was the insurance carrier for Timec Co., Inc. and was not adjusted by Broadspire.

Workers' Compensation Appeals Boardclerical errorreconsiderationaward correctionpermanent partial disabilitytemporary disability indemnitymedical treatmentattorney's feeslienTimec Co.
References
Case No. ADJ3255503 (SDO 0362975)
Regular
Jan 27, 2010

JOHN KOSICH vs. COUNTY OF SAN DIEGO SHERIFF'S DEPARTMENT

This case involves the Workers' Compensation Appeals Board correcting a clerical error in a previous order. The defendant, County of San Diego Sheriff's Department, had petitioned for reconsideration of a decision regarding injured worker John Kosich. The Board is correcting its January 25, 2010 Opinion and Order to reflect the correct injured worker's name as John Kosich, not James Kosich.

Workers' Compensation Appeals BoardClerical Error CorrectionPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeInjured Worker Name CorrectionCounty of San Diego Sheriff's DepartmentPermissibly Self-InsuredADJ3255503SDO 0362975Opinion and Order
References
Case No. ADJ3523217 (OAK 0271650)
Regular
Apr 20, 2010

PAULINE ROACH ARREDONDO vs. MAJOR LEGAL SERVICES AND ST. PAUL TRAVELERS INSURANCE, American Protection/Broadspire

The Workers' Compensation Appeals Board granted applicant's petition for removal, rescinding the prior orders. The Board allowed the applicant's election against St. Paul Travelers Insurance, finding its prior liability res judicata. Discovery by newly-joined defendant American Protection/Broadspire was stayed pending resolution of the claim against St. Paul. This decision supports the applicant's right to elect against a carrier with established liability.

Petition for RemovalElection Against CarrierLabor Code 5500.5(c)Res JudicataInterim Findings Award and OrderSt. Paul Travelers InsuranceAmerican Protection/BroadspireWCJ Report and RecommendationDiscovery StayWorkers' Compensation Appeals Board
References
Case No. ADJ3003658 (SFO 0395337)
Regular
Mar 08, 2012

JOHN CANZIANI vs. CITY OF SAN RAFAEL

In Case No. ADJ3003658, the Applicant, John Canziani, filed a Petition for Reconsideration of a prior decision. However, the petitioner subsequently withdrew this petition. Consequently, the Workers' Compensation Appeals Board has issued an order dismissing the petition for reconsideration as requested.

Petition for ReconsiderationWithdrawn PetitionDismissed PetitionWorkers' Compensation Appeals BoardApplicantDefendantCity of San RafaelPermissibly Self-InsuredCase NumberOrder Dismissing
References
Case No. ADJ4222164 (VNO 0413943)
Regular
Jun 08, 2010

JOHN PIERRE vs. THE BOEING COMPANY, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA

The Workers' Compensation Appeals Board denied John Pierre's Petition for Reconsideration against The Boeing Company. The Board adopted the reasoning of the workers' compensation administrative law judge's report. No specific details of the underlying claim or the judge's reasoning are provided in this order. This order officially denies the petition.

WORKERS' COMPENSATION APPEALS BOARDJOHN PIERRETHE BOEING COMPANYINSURANCE COMPANY OF THE STATE OF PENNSYLVANIAAIG CLAIMS SERVICESINC.ADJ4222164VNO 0413943ORDER DENYING RECONSIDERATIONPetition for Reconsideration
References
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
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