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

Case No. ADJ246378 (MON 0251329), ADJ3258197 (MON 0228135), ADJ419157 (MON 0184421)
Regular
Jul 03, 2012

GERALD WATSON vs. CONTINENTAL INSURANCE COMPANY\/ESIS, SANTA MARGARITA HIGH SCHOOL, FIREMAN'S FUND INSURANCE COMPANY

The Workers' Compensation Appeals Board has denied Gerald Watson's Petition for Reconsideration in its entirety. The Board adopted and incorporated the reasoning of the workers' compensation administrative law judge's report. Therefore, the original decision remains unmodified.

Workers' Compensation Appeals BoardGerald WatsonContinental Insurance CompanyESISSanta Margarita High SchoolFireman's Fund Insurance CompanyADJ246378ADJ3258197ADJ419157Order Denying Reconsideration
References
Case No. ADJ8791212, ADJ9504979
Regular
Apr 19, 2016

HECTOR MELGAR vs. SEQUOIA UNION HIGH SCHOOL DISTRICT, PROTECTED INSURANCE PROGRAM FOR SCHOOLS

This case involves a Petition for Reconsideration filed by Hector Melgar against Sequoia Union High School District. The Workers' Compensation Appeals Board issued an order dismissing this petition. The dismissal is due to the petitioner's withdrawal of the reconsideration request. Therefore, the Board has formally closed the matter regarding this specific petition.

Petition for Reconsideration withdrawnDismissed petitionWorkers' Compensation Appeals BoardSequoia Union High School DistrictProtected Insurance Program for SchoolsADJ8791212ADJ9504979San Francisco District OfficeMarguerite SweeneyFrank M. Brass
References
Case No. ADJ1407862 ADJ8053285
Regular
Jan 29, 2014

RAYMOND SCHAUER vs. WINDSOR UNIFIED SCHOOL DISTRICT, REDWOOD EMPIRE SCHOOL INSURANCE GROUP

In this workers' compensation case, venue is transferred from the Santa Rosa to the San Francisco District Office. This change is necessary because the assigned judge must recuse himself and the alternative judge has been disqualified. The San Francisco Presiding Judge will assign a new judge and schedule a lien conference. This order facilitates the continued proceedings for Applicant Raymond Schauer against Windsor Unified School District.

Venue changeRecusalJudge challengeAppeals Board Rule 10453Santa Rosa District OfficeSan Francisco District OfficePresiding JudgeLien conferencePermissibly Self-InsuredWindsor Unified School District
References
Case No. ADJ4318563 (SAL 0103841)
Regular
Nov 03, 2010

SANDRA PETERSON vs. SANTA CRUZ CITY SCHOOLS; Permissibly Self-Insured, Administered By EMPLOYERS SLEF INSURANCE SERVICES

This case involves an applicant who sustained industrial injuries as a teacher and later earned a significantly higher salary at a different school district. The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The Board affirmed the administrative law judge's decision to base temporary disability indemnity on the applicant's higher post-injury earnings. This was justified because her subsequent earnings provided concrete evidence of her earning capacity.

Workers' Compensation Appeals BoardIndustrial InjuryTemporary Total Disability IndemnityTDI Rate CalculationPost-Injury EarningsEarning CapacityWCJ FindingsPetition for ReconsiderationSanta Cruz City SchoolsCampbell School District
References
Case No. GOL 0098326
Regular
Jul 23, 2007

DIANE SWEET vs. SANTA MARIA JOINT UNION HIGH SCHOOL DISTRICT

This case involves a lien claimant, Associated Reproduction Services (ARS), seeking reconsideration of a decision that disallowed most of its lien for photocopying services. The Appeals Board denied reconsideration, upholding the administrative law judge's finding that ARS failed to meet its burden of proving the necessity and reasonableness of its charges. The Board affirmed that lien claimants must demonstrate that medical-legal expenses were reasonably, actually, and necessarily incurred to prove or disprove a contested claim, which ARS did not establish here.

Workers' Compensation Appeals BoardDIANE SWEETSANTA MARIA JOINT UNION HIGH SCHOOL DISTRICTAssociated Reproduction ServicesIncARSLien claimantWCJReconsiderationFindings of Fact
References
Case No. ADJ2380227 (LBO 0376292) ADJ2803570 (AHM 0086412)
Regular
Mar 28, 2011

CHRIS FELICIJAN vs. SANTA ANA UNIFIED SCHOOL DISTRICT

In Felicijan v. Santa Ana Unified School District, the Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration as untimely. The WCAB adopted the administrative law judge's report, which found the petition was filed 36 days after the decision, exceeding the 20-day statutory limit plus a 5-day mailing extension. Therefore, the WCAB ordered the dismissal of the petition.

Workers' Compensation Appeals BoardPetition for Reconsiderationuntimelydismissadministrative law judgeReport and RecommendationFindings and OrderLab. Code§ 5903Code Civ. Proc.
References
Case No. SBA 0077861, SBA 0083526, SBA 0083527
Regular
Apr 11, 2008

JUAN GUTERREZ vs. SANTA BARBARA SCHOOL DISTRICT, Permissibly Self-Insured; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, on behalf of FREMONT INDEMNITY INSURANCE CO., In liquidation

This case involves an applicant, Juan Guterrez, and defendants Santa Barbara School District and the California Insurance Guarantee Association (CIGA). Both the applicant and CIGA sought reconsideration of the Workers' Compensation Administrative Law Judge's (WCJ) decisions from February 7, 2008. The Appeals Board is granting reconsideration to obtain a WCJ report on CIGA's petition, which is necessary to understand all issues before rendering a unified decision.

Workers' Compensation Appeals BoardCIGAFremont Indemnity Insurance Co.liquidationReconsiderationWCJReport and RecommendationDecision After ReconsiderationSanta Barbara School DistrictPermissibly Self-Insured
References
Case No. ADJ6674320, ADJ4552593
Regular
Apr 23, 2018

KIMBERLY DE NOVA-JOY vs. SANTA PAULA ELEMENTARY SCHOOL DISTRICT, YORK RISK SERVICES GROUP

In *De Nova-Joy v. Santa Paula Elementary School District*, the Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration of a February 2, 2018 decision. The WCAB found reconsideration necessary to allow further study of the factual and legal issues to ensure a just decision. All future correspondence and filings related to the petition must be directed to the WCAB Commissioners in San Francisco, not district offices or e-filed via EAMS. Trial-level documents unrelated to the petition should continue to be e-filed, but proposed settlements require notification to the Appeals Board as a WCJ cannot act on them during reconsideration.

WCABPetition for ReconsiderationGrant of ReconsiderationSanta Paula Elementary School DistrictYork Risk Services GroupADJ6674320ADJ4552593San FranciscoEAMSAdministrative Director
References
Case No. ADJ2496250
Regular
Dec 15, 2008

PATRICIA A. ORTIZ vs. SALINAS UNION HIGH SCHOOL DISTRICT, MONTEREY COUNTY SCHOOLS, WCJPA, administrator

This case involves a workers' compensation applicant who sustained a low back injury in 1999, initially awarded 15% permanent disability. After reopening her case, an award of 23% permanent disability was issued, but the board clarified that gastric bypass surgery was not considered reasonably necessary treatment for the industrial injury. Both applicant and defendant sought reconsideration, but the Appeals Board ultimately affirmed the WCJ's findings and awards.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardPermanent DisabilityIndustrial InjuryLow Back InjurySubstitute Health TechnicianPetition to ReopenGastric Bypass SurgerySelf-Procured Medical Treatment
References
Case No. ADJ1139787 (SRO 0139011) ADJ1497360 (SRO 0140505)
Regular
Apr 26, 2013

DANETTE ELLSWORTH vs. SANTA ROSA CITY SCHOOLS, REDWOOD EMPIRE SCHOOLS INSURANCE GROUP

In this case, the Workers' Compensation Appeals Board (WCAB) denied the applicant's Petition for Reconsideration. The Board adopted and incorporated the reasoning of the workers' compensation administrative law judge (WCJ). Crucially, the WCAB gave "great weight" to the WCJ's credibility findings, a standard established in *Garza v. Workers' Comp. Appeals Bd.* The Board also considered supplemental pleadings before issuing its final denial.

Workers' Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeWCJGarza v. Workers' Comp. Appeals Bd.Cal. Code Regs.tit. 8§ 10848Order Denying Reconsiderationcredibility finding
References
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