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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. 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. VNO 423671
Regular
Jun 13, 2008

NORMA RIVAS vs. COUNTY OF LOS ANGELES

The County of Los Angeles initially filed a petition for reconsideration but then dismissed it after changing legal counsel. The Board will dismiss this petition. Subsequently, the County filed a petition to set aside the original award; the Board grants reconsideration of the award and remands the case to the trial level to determine if good cause exists to set aside the award.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalGranting ReconsiderationDecision After ReconsiderationStipulated AwardPetition to Set Aside AwardGood CauseRescinded AwardTrial Level Proceedings
References
Case No. ADJ10838983
Regular
Jun 13, 2019

ERRYN ANTONIO vs. ABBA HOME CARE SERVICES, FALLS LAKE FIRE & CASUALTY INSURANCE COMPANY, SEDGWICK CMS

The defendant sought reconsideration of an award based on stipulated facts, claiming a calculation error in the applicant's permanent disability indemnity rate. The Appeals Board dismissed the petition as premature because the defendant presented no admitted evidence to support their claim of error regarding the stipulated rate. The Board clarified that a petition to set aside the award, supported by evidence of good cause, would be the proper procedural avenue. The case is remanded to the WCJ to consider the defendant's filing as a petition to set aside the award and to hold a hearing for evidence submission.

WCABPetition for ReconsiderationAwardStipulationsPermanent Disability IndemnityAverage Weekly WageReport and RecommendationGood CauseSet Aside AwardAdmitted Evidence
References
Case No. ADJ10311021
Regular
Jul 13, 2018

ALVARO JUAREZ vs. J.C. DOMINGUEZ, STAR INSURANCE COMPANY ADMINISTERED BY MEADOWBROOK INSURANCE GROUP

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration because it was untimely filed. The defendant sought reconsideration based on an alleged mathematical error in the Stipulations with Request for Award, which would reduce the overall settlement value. However, the Board found that the petition was filed outside the statutory deadline. The case is now returned to the administrative law judge to consider the defendant's separate Petition to Set Aside the Award, where evidence on the alleged error can be presented.

Workers' Compensation Appeals BoardPetition for ReconsiderationAwardStipulations with Request for AwardMathematical ErrorPetition to Set Aside AwarduntimelyWCJ Report and Recommendationpermanent disabilitylaborer
References
Case No. ADJ10135147
Regular
Jan 11, 2016

DEANNA BARNETTE vs. PACIFIC BELL TELEPHONE COMPANY, OLD REPUBLIC INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration, rescinded a stipulated award, and returned the case to the trial level for further inquiry. The defendant sought to set aside the award, arguing mutual mistake of fact regarding credit for employer disability plan payments, which they claimed would lead to overpayment. The Board agreed that the stipulations' validity, specifically whether there was good cause to set them aside due to mistake, needs to be determined by the trial judge. This decision allows for an examination of the applicant's understanding and the factual basis of the original stipulations.

Petition for ReconsiderationStipulated AwardMutual Mistake of FactPermanent Disability IndemnityEmployer's Disability PlanUnjust EnrichmentOverpaymentGood CauseSetting Aside StipulationsWorkers' Compensation Appeals Board
References
Case No. ADJ1395833
Regular
May 07, 2009

MARTIN ALVAREZ vs. OMEGA EXTRUDING CORPORATION OF AMERICA, GALLAGHER BASSETT SERVICES

The defendant, Omega Extruding Corporation, petitioned to set aside a stipulation and award, or for reconsideration, alleging a clerical error. The defendant claims the temporary disability rate was mistakenly entered as the permanent disability rate, resulting in an incorrect total permanent disability indemnity. The Appeals Board granted reconsideration, rescinded the award, and returned the case to the trial level for further proceedings. This decision allows the parties to correct the alleged error or litigate the facts to determine if the stipulation should be set aside.

Petition for ReconsiderationStipulations with Request for AwardInadvertent ErrorClerical ErrorMutual MistakeSet Aside StipulationsRescind AwardGood CausePermanent Disability IndemnityTemporary Disability Rate
References
Case No. ADJ9729192
Regular
Feb 09, 2015

ROBERT HILL vs. ALAMEDA COUNTY INDUSTRIES; COMMERCE AND INDUSTRY CO.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a December 10, 2014 award approving stipulations in the case of Robert Hill. The applicant sought to set aside this award. The WCAB rescinded the award and returned the matter to the trial court for further proceedings. This action was based on the WCJ's report and recommendation, which the WCAB adopted.

Petition to Set Aside StipulationsAwardPetition for ReconsiderationWCJ Report and RecommendationRescind AwardFurther ProceedingsGarbage ManLumbar SpineRight KneePermanent Disability
References
Case No. ADJ10846103
Regular
Feb 25, 2019

WILLIE SMITH vs. SAN BERNADINO UNIFIED SCHOOL DISTRICT

Defendant sought reconsideration of a workers' compensation award based on a stipulated agreement, alleging a mistake in the agreed-upon permanent disability rating. The defendant contended that the 55% rating was a mistake and that the parties had actually agreed to a 45% rating. The Appeals Board dismissed the petition for reconsideration, ruling that the defendant's request should be treated as a petition to set aside the award at the trial level. The Board determined that further proceedings are necessary to allow both parties to present evidence regarding the alleged mutual mistake of fact.

Stipulations with Request for AwardPermanent DisabilityMandatory Settlement ConferenceMutual Mistake of FactSet AsidePetition for ReconsiderationAwardWCJLabor Code Section 5702Good Cause
References
Case No. ADJ11270928
Regular
Jul 02, 2019

MICHAEL WALDEN vs. CITY OF CHULA VISTA, TRISTAR SAN DIEGO

The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration as premature. The defendant sought to set aside an award based on a disputed stipulation regarding the applicant's permanent disability percentage. The Board found that no sworn testimony or evidence was presented to establish a mistake or good cause to alter the original stipulation. Therefore, the matter was returned to the WCJ for a hearing to create a proper record before any decision on setting aside the award.

Workers' Compensation Appeals BoardPetition for ReconsiderationStipulations with Request for AwardAdministrative Law JudgeTemporary DisabilityPermanent DisabilityFuture Medical CareSet Aside AwardGood CauseMutual Mistake
References
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