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Case Law Database

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

Case No. ADJ1805281 (SRO 0129031) ADJ2019182 (SRO 0129032)
Regular
Jul 26, 2012

SANDRA MALVESTI vs. ROUND VALLEY UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior order regarding attorney's fees. The Board is returning the case to the trial level to investigate allegations that the applicant's attorney engaged in unprofessional conduct to secure the applicant's consent to his fee request. If these allegations are not found credible, fees should be calculated based on the full settlement value, including Medicare Set-Aside funds, as established in prior case law. A new determination on attorney's fees will be issued after further proceedings.

Workers' Compensation Appeals BoardSandra MalvestiRound Valley Unified School DistrictKeenan & AssociatesAttorney's FeesReconsiderationCompromise and Release AgreementMedicare Set-Aside TrustCumulative Trauma InjuriesPetition to Reopen
References
Case No. MON 0254439
Regular
Aug 12, 2008

LEON ZAMBROWS (Deceased) SANDRA ZAMBROWS (Widow) vs. LOS ANGELES COUNTY OFFICE OF EDUCATION, LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) rescinded a lower judge's order to set aside a Compromise and Release (C&R) agreement. This decision was based on the applicant's petition to set aside the C&R being filed more than five years after the date of injury, thus precluding the "good cause" standard for rescission. The WCAB remanded the case for further proceedings, noting that the applicant must prove extrinsic fraud to set aside the C&R at this stage, and also acknowledging a potential estoppel issue regarding Liberty Mutual's coverage dates.

Workers' Compensation Appeals BoardSandra ZambrowsSandra Zambrows (Widow)Los Angeles County Office of EducationLiberty Mutual Insurance CompanyPetition for ReconsiderationOrder Setting Aside Compromise & ReleasePetition to Set Aside Compromise & ReleaseMutual Mistake of FactGood Cause
References
Case No. ADJ10523325 ADJ10523356 ADJ10789474 ADJ10523323
Regular

SANDRA GARCIA vs. DIMENSION DEVELOPMENT TWO, LLC, CYPRESS INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Sandra Garcia's petition for reconsideration. The Board adopted and incorporated the findings of the workers' compensation administrative law judge in their decision. Therefore, the petition to reconsider the prior ruling was officially denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationDenying ReconsiderationWCJ reportAdministrative Law JudgeDimension Development TwoCypress Insurance CompanyBerkshire Hathaway Homestate CompaniesADJ10523325Van Nuys District Office
References
Case No. ADJ8926570
Regular
Apr 25, 2016

SANDRA KOZUCH vs. AMERICAN GUARD SERVICES, INTERCARE HOLDINGS INSURANCE SERVICES

This case involves a petition for reconsideration filed by Sandra Kozuch that has been denied by the Workers' Compensation Appeals Board (WCAB). The WCAB adopted and incorporated the reasoning of the workers' compensation administrative law judge (WCJ) in their report. Therefore, the WCAB's order formally denies Kozuch's request for reconsideration of a prior decision.

ADJ8926570KIZERMULLEN FILIPPISANDRA KOZUCHAMERICAN GUARD SERVICESINTERCARE HOLDINGS INSURANCE SERVICESWORKERS' COMPENSATION APPEALS BOARDPETITION FOR RECONSIDERATIONDENIEDWCJ REPORT
References
Case No. ADJ4120534 (POM 0297037), ADJ2862914 (POM 0298490), ADJ4622170 (POM 0298730), ADJ1753517 (POM 0058454), ADJ3646011 (POM 0249199)
Regular
Dec 19, 2013

SANDRA GREGORY vs. COVINGTON CROWE, LLP, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed Sandra Gregory's Petition for Reconsideration. The Board adopted the administrative law judge's Report and Recommendation, finding no grounds for reconsideration. To the extent the petition was deemed a request for removal, that request was also denied. The case involves multiple claim numbers and parties, including Covington Crowe, LLP and State Compensation Insurance Fund.

Petition for ReconsiderationPetition for RemovalDismissedDeniedWorkers' Compensation Appeals BoardAdministrative Law JudgeReport and RecommendationADJ4120534ADJ2862914ADJ4622170
References
Case No. ADJ9750276
Regular
Aug 21, 2017

SANDRA KIMBER (DECEASED) vs. CITY OF LOS ANGELES; Permissibly SelfInsured

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award finding Sandra Kimber's death compensable under the police officer pneumonia presumption. The Board found the decedent's cause of death, acute bronchiotracheopneumonitis, is medically distinct from pneumonia and therefore not covered by the statutory presumption. The case was returned for further proceedings to determine if the injury is compensable absent the presumption and to establish dependency for death benefits.

Workers' Compensation Appeals BoardSandra Kimber (Deceased)City of Los Angelesself-insuredADJ9750276Petition for ReconsiderationFindings and Awardindustrial injurydeath benefitLabor Code section 3212
References
Case No. ADJ1885780
Regular
Jun 02, 2010

SANDRA SHERMAN, SANDRA SMITH vs. GRAYBAR ELECTRIC COMPANY, BROADSPIRE

This case involves a petition for reconsideration filed by Applicant Sandra Sherman (also known as Sandra Smith) against Graybar Electric Company and BroadsPIRE. The Workers' Compensation Appeals Board (WCAB) dismissed the petition because it was not verified as required by Labor Code section 5902. Even if it had been verified, the WCAB would have denied the petition on its merits, adopting the reasoning of the workers' compensation administrative law judge.

Petition for ReconsiderationVerifiedLabor Code section 5902DismissalWorkers' Compensation Appeals BoardWCJReport and RecommendationDeny on the meritsSmith v. Workers' Comp. Appeals Bd.Lucena v. Workers' Comp. Appeals Bd.
References
Case No. ADJ4046967
Regular
Jan 20, 2012

SANDRA VELASQUEZ vs. ALBERTSONS INC.

The Appeals Board granted reconsideration to defer the issue of temporary disability. While affirming the denial of injury to the left shoulder/psyche, the Board returned the matter for further proceedings on temporary disability. The Board noted potential jurisdictional issues regarding the five-year period for temporary disability claims. The case is remanded for a new decision from the WCJ on the deferred issue.

Workers' Compensation Appeals BoardAlbertson's Inc.Sandra VelasquezIndustrial Injury AOE/COELeft Shoulder InjuryPsyche InjuryPain DisorderFront End ManagerCashierJoint Stipulated Award
References
Case No. ADJ6438203, ADJ8190271
Regular
Dec 13, 2018

SANDRA BROOKS vs. E. I. DUPONT, BROADSPIRE

This case involves an applicant with industrial injuries to her knees and spine sustained in 2002 and 2003, who continued to work for the defendant employer, receiving pay raises, until her temporary disability began in 2007. The defendant disputed the calculation of the applicant's temporary disability rate, advocating for a rate based on pre-injury wages. The Board affirmed the prior order, clarifying that the temporary disability rate should be based on the applicant's actual wages earned at the time her temporary disability commenced in 2007, recognizing her post-injury wage progression.

Workers' Compensation Appeals BoardSandra BrooksE. I. DupontBroadsPIREADJ6438203ADJ8190271Opinion and Decision After Reconsiderationindustrial injuriesbilateral kneeslumbar spine
References
Case No. ADJ6781178
Regular
Oct 14, 2011

SANDRA JUAREZ vs. TANIMURA & ANTLE, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board rescinded a prior decision and returned the case to the trial level for further proceedings. The Board found that the initial decision incorrectly applied *Knight v. United Parcel Service* by not specifically addressing whether the employer's failure to provide required Medical Provider Network (MPN) notices resulted in a "neglect or refusal to provide reasonable medical treatment." Furthermore, the Board noted issues regarding the timely payment of the lien claimant and the applicability of limitations on chiropractic visits under Labor Code section 4604.5(d)(1), requiring a new decision after further consideration.

WORKERS' COMPENSATION APPEALS BOARDSANDRA JUAREZTANIMURA & ANTLETRAVELERS PROPERTY CASUALTY COMPANY OF AMERICARECONSIDERATIONFINDINGS AND ORDERLIEN CLAIMANTFERNANDO LUQUE D.C.REASONABLE MEDICAL TREATMENTAUGMENTED BENEFITS
References
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