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

Case No. ADJ7673518, ADJ7647749
Regular
Jan 23, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION / CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant sustained industrial injury to her neck. While the applicant testified to injuring her neck in a workplace incident and this was partially corroborated, the Board found insufficient evidence for other claimed injuries. The Board specifically disagreed with the administrative law judge's credibility assessment concerning the neck injury itself, relying on medical reports and testimony supporting the neck injury claim. The Board affirmed the denial of claims for all other alleged injuries, finding insufficient medical evidence to link them to the incident.

Petition for ReconsiderationFindings and OrderIndustrial InjuryNeck InjuryBack InjurySpine InjuryUpper ExtremitiesPsycheGastroesophageal SystemInternal System
References
Case No. ADJ2241828
Regular
Dec 05, 2008

LISA MANZO vs. WHITE MEMORIAL MEDICAL CENTER

The Workers' Compensation Appeals Board dismissed the employer's petition for reconsideration as it was not a final order but granted removal to rescind the WCJ's disapproval of the Stipulations. The Board found the Stipulations might be adequate despite the WCJ's concerns and ordered the matter returned to the trial level with missing documents to be filed. The employer must provide Dr. Knight's December 2006 report, its investigator's report, and the proposed Stipulations for a new decision on their adequacy.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalStipulations with Request for AwardWCJ disapprovalinadequate Stipulationsunsigned Stipulationsindustrial injuryright wristright elbow
References
Case No. ADJ9371315
Regular
Sep 08, 2014

JOHN STEPHEN CHACON vs. SACRAMENTO MUNICIPAL UTITILITY DISTRICT, INTERCARE HOLDINGS INSURANCE SERVICES

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration and denied their petition for removal. This action was taken because the underlying stipulated award was void as the unrepresented applicant never reviewed or signed the amended stipulations. The WCAB found this procedural defect rendered the award invalid, and therefore, the judge's order vacating it was appropriate and the defendant's subsequent appeals were moot. The case will return to the trial level for a status conference and further proceedings to ensure due process.

Order Vacating AwardStipulationsRemovalReconsiderationVoid StipulationsUnrepresented ApplicantInformation and Assistance OfficerDue ProcessEx Parte CommunicationSupplemental Pleading
References
Case No. ADJ8211594
Regular
Jan 17, 2014

ERROL GRIFFIN vs. COUNTY OF LOS ANGELES DEPARTMENT OF HEALTH, Permissibly Self-Insured, Administered By TRISTAR RISK MANAGEMENT

This case involves a dispute over the applicant's average weekly wage (AWW) for temporary disability benefits. Initially, the parties stipulated to an AWW of $1,676.04, but the defendant sought reconsideration based on mutual mistake, claiming the correct AWW was $859.16. Subsequently, both parties filed an amended stipulation agreeing to an AWW of $800.07. The Appeals Board granted reconsideration to defer the issue of temporary disability indemnity and returned the matter to the WCJ to consider the amended stipulation and determine the correct benefits.

Petition for ReconsiderationFindings and AwardTemporary Disability IndemnityStipulated FactsMutual MistakeAverage Weekly WageAmended StipulationWorkers' Compensation Appeals BoardWCJMutual Mistake
References
Case No. ADJ8189699
Regular
Mar 27, 2013

VERONICA TREJO vs. COUNTY OF LOS ANGELES

This case involves a dispute over a workers' compensation award based on stipulations approved at a mandatory settlement conference where the applicant was not present. The defendant sought to set aside the award, alleging issues with signatures and a "mutual mistake" regarding permanent disability. The Appeals Board denied the applicant's petition for removal, upholding the judge's authority to set aside the award pending further investigation. The Board highlighted serious ethical concerns regarding potential misconduct by both parties in the filing of the stipulations. The case was remanded for a status conference to address signature validity and potential sanctions.

Petition for RemovalOrder Setting Aside AwardStipulations with Request for AwardMandatory Settlement ConferenceAgreed Medical EvaluatorPetition to Set Aside StipulationMutual MistakeFraudDue ProcessEthical Misconduct
References
Case No. ADJ7627051
Regular
Apr 26, 2012

ALEJANDRA AMBRIZ vs. ACCENT CARE, INC.; AIG INSURANCE administered by SEDGWICK

The Workers' Compensation Appeals Board granted reconsideration of a prior award approving stipulations for an applicant's industrial injury. The defendant sought reconsideration due to a mutual mistake in calculating permanent disability. Subsequently, the parties agreed to amend the original stipulations and the defendant withdrew its petition. The Board rescinded the original award and returned the matter to the trial judge to consider the amended stipulations.

WCABPetition for ReconsiderationStipulations with Request for AwardPermanent DisabilityMutual Mistake of FactStipulation Amending Stipulated AwardRescind AwardReturned to Trial LevelWCJ DecisionAdjudication
References
Case No. ADJ6939425
Regular
Oct 01, 2016

Rene Garcia vs. American Tire Distributors, Broadspire

This case concerns a worker, Rene Garcia, seeking reconsideration of a Workers' Compensation Appeals Board decision. The applicant argued that a stipulation for an Agreed Medical Examiner (AME) should bind the defendant to their recommended bi-level neck surgery. The Board denied reconsideration, affirming the judge's finding that the AME stipulation did not override the statutory requirement to resolve medical treatment disputes through the Utilization Review/Independent Medical Review process. The Board also upheld the denial of attorney fees, as no benefits were awarded under the specific 2011 stipulation.

Workers' Compensation Appeals BoardRene GarciaAmerican Tire DistributorsBroadspirePetition for ReconsiderationFindings and OrderAdministrative Law Judgeunreasonable delaypayment of compensationtemporary disability
References
Case No. ADJ10102441
Regular
Jul 20, 2016

MARTHA ALAS vs. WOOD RANCH BARBECUE & GRILL, SENTRY INSURANCE

The Workers' Compensation Appeals Board denied Sentry Insurance's petition for reconsideration, upholding a prior award based on a stipulated average weekly wage. Sentry argued the stipulation was based on a mutual mistake of fact regarding the calculation of the applicant's average weekly wage. The Board found no mutual mistake, as both parties agreed to the figure, and Sentry's subsequent realization of error was unilateral. Therefore, good cause to set aside the stipulation and award was not established.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact and AwardAdministrative Law JudgeAverage Weekly WageStipulationMutual Mistake of FactGood CauseTemporary Total DisabilityAttorney's Fees
References
Case No. ADJ3298152 (AHM 0079395)
Regular
Nov 30, 2018

SUSAN DEAN vs. HOMEGROCER.COM, ZURICH NORTH AMERICA

This case concerns a defendant's attempt to be released from a stipulation regarding injured body parts in a workers' compensation claim. The Workers' Compensation Appeals Board (WCAB) previously granted the applicant's petition for removal, rescinding a finding that there was good cause to release the defendant from the stipulation. The defendant then petitioned for reconsideration or removal of the WCAB's decision. The WCAB dismissed the defendant's petition for removal, finding it was not a final order. The WCAB denied the petition for reconsideration, holding that a subsequent conflicting medical opinion does not constitute good cause to set aside a stipulation and reaffirming that the defendant remains bound by the original agreement.

Workers' Compensation Appeals BoardPetition for RemovalPetition for ReconsiderationStipulationGood CauseInterlocutory OrderFinal OrderJudicial AuthorityAdministrative Law JudgeSubstantial Evidence
References
Case No. ADJ8302620
Regular
May 16, 2018

ENRIQUE MUNOZ vs. ACROMIL CORPORATION, COMPWEST

Lien claimants Preferred Scan and Tower Copy sought reconsideration after their photocopying liens were initially disallowed by the WCJ. The WCJ found the charges not reasonably required to prove a contested case. Following mediation, the parties stipulated to settle Preferred's lien for $4,500 and Tower's for $600. The Appeals Board amended the original order to approve these stipulations and award the settlement amounts.

WCABADJ8302620lien claimantsreconsiderationFindings and OrderWCJphotocopying chargescontested caseStipulationsmediation
References
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