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

Case No. ADJ994369
Regular
Jan 19, 2014

JOSE JUAREZ vs. WATKINS MANUFACTURING CORPORATION

The Workers' Compensation Appeals Board (WCAB) is reconsidering a decision that awarded the applicant medical mileage and a penalty for unreasonable delay in compensation payments but denied attorney's fees. The WCAB believes attorney's fees are warranted under Labor Code section 5814.5 for enforcing the payment of awarded compensation. The case is being returned to the trial level for the judge to determine and award these attorney's fees.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardMedical Mileage Expense ReimbursementAttorney's FeesLabor Code Section 5814Labor Code Section 5813Labor Code Section 5814.5Cumulative Industrial InjuryPulmonary System Injury
References
0
Case No. ADJ11035614
Regular
Feb 07, 2020

EDELIA CARDONA vs. VALJEN, INC. DBA CAESARS PIZZA, STATE FARM CALIFORNIA WORKERS' COMPENSATION

In this case, the applicant sought reconsideration after the WCJ denied attorney's fees under Labor Code Section 5814.5. The applicant's attorney incurred fees attempting to collect a previously awarded attorney's fee that the defendant unreasonably delayed paying. The Appeals Board rescinded the prior decision, finding Section 5814.5 applicable in this scenario, as established by precedent in *Turner*. The matter was returned to the trial level to further develop the record on sanctions under Sections 5813, 5814, and 5814.5.

Labor Code sections 581358145814.5attorney's feesunreasonable delaybad faithstipulated attorney's feePetition for ReconsiderationReport and Recommendationcase of first impression
References
7
Case No. ADJ864227 (LBO 350573) ADJ1635667 (LBO 350607)
Regular
Dec 29, 2008

LUIS ECHEVARRIA vs. FALCON WEST, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and reversed the trial judge's award of attorney's fees under Labor Code section 5814.5. The Board reasoned that section 5814.5 requires an award of attorney's fees to be "in addition to" increased compensation under section 5814, which was not sought or awarded here. Furthermore, the Board found that any delay in payment was not unreasonable due to a good-faith dispute over the net settlement amount.

WORKERS' COMPENSATION APPEALS BOARDLUIS ECHEVARRIAFALCON WESTINC.STATE COMPENSATION INSURANCE FUNDADJ864227ADJ1635667OPINION AND ORDER GRANTING RECONSIDERATIONDECISION AFTER RECONSIDERATIONFindings and Orders
References
1
Case No. ADJ11836757
Regular
Sep 09, 2019

Greg Joshua vs. Legend Transportation, National Interstate Insurance

The Workers' Compensation Appeals Board granted reconsideration to defer the issue of Labor Code section 5814 penalties, finding the administrative law judge's initial award premature. The Board determined that Dr. Schmidt's reports constituted substantial medical evidence regarding the applicant's temporary total disability for his left shoulder injury, despite the defendant's arguments about incomplete medical history. However, the Board found that section 5814 penalties are not appropriate for expedited hearings and must be addressed separately. The case is returned to the WCJ for further proceedings specifically on the section 5814 penalty issue.

ADJ11836757AOE/COEPetition for ReconsiderationFindings and AwardTemporary Disability IndemnityLabor Code Section 5814Substantial Medical EvidencePrimary Treating PhysicianDr. SchmidtCredibility
References
10
Case No. ADJ7534090
Regular
Oct 09, 2017

ALEKSEY VOLOSEVICH vs. SHANE ALEXANDER CUSTOM, INC., YORK RISK SERVICES GROUP, INC.

The Appeals Board reconsidered a WCJ's decision regarding a lien claim for interpreting services. While affirming the finding that the lien was not time-barred, the Board amended the order to clarify that the lien claimant is not entitled to Labor Code section 5814 penalties. Jurisdiction was reserved at the trial level to determine potential penalties under Labor Code section 4622 for services related to medical-legal evaluations. This amendment aligns with the principle that Section 5814 penalties are payable to the applicant, not the lien claimant, and were likely resolved by the applicant's Compromise and Release.

Workers' Compensation Appeals BoardAleksey VolosevichShane Alexander CustomInc.York Risk Services GroupInc.ADJ7534090Opinion and Decision After ReconsiderationGalilei Global Interpretersstatute of limitations
References
3
Case No. ADJ2155279 (RIV 0040729)
Regular
Nov 28, 2012

JACK RAMSEY vs. CALIFORNIA PAVEMENT MAINTENANCE, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, Sedgwick CMS, LEGION INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) amended a previous award to defer the issue of attorney fees for enforcing an award of Labor Code section 5710 fees. The WCAB affirmed the remainder of the award, including a $100 penalty for unreasonable delay in authorizing medical treatment, finding the 100-day delay in authorizing treatment with the applicant's chosen physician was unreasonable. The Board also affirmed the award of attorney fees under Labor Code section 5814.5 for enforcing the medical treatment award. The case was returned to the trial level for further proceedings regarding the amount of section 5814.5 fees, with a dissenting opinion arguing for further proceedings on the unreasonable delay issue due to insufficient evidence.

Workers' Compensation Appeals BoardCIGALegion Insurance CompanySedgwick CMSJack RamseyLabor Code section 5814Labor Code section 5814.5Labor Code section 5710Medical Provider NetworkMPN
References
2
Case No. MISSING
Regular Panel Decision

In Re Pursuant to Section 304 of the Bankruptcy Code of Banco Nacional De Obras Y Servicios Publicos, S.N.C.

The International Association of Machinists and Aerospace Workers (IAM) sought relief from a preliminary injunction to pursue an action against Aeronaves de Mexico, S.A. de C.V. (Aeronaves) for declaratory judgment concerning a collective bargaining agreement. Aeronaves, represented by its Mexican bankruptcy trustee Banobras, objected, arguing the claims should be handled in Mexican bankruptcy court. Judge Tina L. Brozman analyzed the request in the context of section 304 of the Bankruptcy Code, emphasizing the specialized nature of American labor law, particularly the Railway Labor Act (RLA). Balancing international comity with the protection of American creditors, the court found that the issues regarding the existence and terms of the collective bargaining agreement required the expertise of an American district court. Therefore, the motion for relief from the stay was granted to permit the IAM action to proceed in the Southern District of New York.

Bankruptcy LawInternational ComitySection 304 StayRailway Labor Act (RLA)Collective Bargaining AgreementForeign BankruptcyAncillary ProceedingsDeclaratory ReliefLabor DisputeCreditor Claims
References
32
Case No. ADJ2858053 (SAC 322872)
Regular
Jan 22, 2009

RENEE K. ROBLES vs. ANHEUSER-BUSCH INC., SPECIALTY RISK SERVICES

The Appeals Board affirmed the WCJ's decision to impose a penalty on the defendant for unreasonably delaying medical care, but rescinded the award of attorney's fees as both a percentage of the penalty and pursuant to section 5814.5, allowing them only pursuant to section 5814.5.

Workers' Compensation Appeals BoardAnheuser BuschInc.specialty risk servicesindustrial injuryhead injuryneuropsychiatric symptom complexdiagnostic testingutilization reviewunreasonable delay
References
1
Case No. MISSING
Regular Panel Decision
Jan 12, 1998

Cataudella v. Kings Bay Housing Section II, Inc.

Plaintiff Alfred Cataudella sought damages for personal injuries, alleging a violation of Labor Law § 240 (1). Defendants Kings Bay Housing Section II, Inc., and Elm Management Co. moved for summary judgment to dismiss this claim, which was initially granted but later denied by the Supreme Court upon the plaintiffs' successful motion for renewal and reargument. On appeal, the higher court modified the lower court's decision, ruling that Labor Law § 240 (1) did not apply as the plaintiff's injuries were not from an elevation-related hazard. Consequently, the appellate court denied the plaintiffs' motion for renewal and reargument, thus effectively granting the defendants' motion for summary judgment and dismissing the Labor Law § 240 (1) claim. Furthermore, the third-party defendant Walcat Plumbing and Heating Corp.'s motion to vacate an order of default was affirmed.

Personal InjurySummary JudgmentAppealLabor Law § 240 (1)Elevation-Related HazardDefault JudgmentVacate DefaultProcedural LawNew York LawAppellate Division
References
4
Case No. ADJ4579659
Significant
Sep 09, 2008

Dee Anne Ramirez, Applicant vs. Drive Financial Services, One Beacon Insurance Co.

The Appeals Board, in an en banc decision, holds that penalties under Labor Code section 5814(a) are discretionary, successive penalties are permissible under specific circumstances, and attorney's fees under section 5814.5 apply to private employers for unreasonable delays occurring after January 1, 2003, regardless of the injury date.

WCABLabor Code section 5814Labor Code section 5814.5penaltyattorney feesen bancreconsiderationdiscretionary penaltysuccessive penaltyunreasonable delay
References
32
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