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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. ADJ2823835 (STK 0215423)
Regular
Apr 02, 2012

ADRIANA GAMINO vs. C.J.K. ASSOCIATES, LLC.;CRMBC; AMERICAN CLAIMS MANAGEMENT

The Appeals Board granted reconsideration after the defendant notified them of a settlement. The previous decision approving a Compromise and Release is rescinded. The case is returned to the trial level for further proceedings and decision by the Workers' Compensation Administrative Law Judge. If the settlement is not approved, the original decision may be reinstated.

Petition for ReconsiderationRescinded OrderCompromise and ReleaseTrial LevelWorkers' Compensation Administrative Law JudgeFurther ProceedingsDecision After ReconsiderationAppeals BoardApplicantDefendant
References
Case No. ADJ8656037
Regular
Mar 18, 2019

STERLING FORBES vs. HARLEM GLOBETROTTERS, TRAVELERS DALLAS

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to study factual and legal issues in Sterling Forbes' case against Harlem Globetrotters and Travelers. However, the parties have since negotiated a settlement. Consequently, the WCAB has rescinded the WCJ's August 22, 2017 Findings and Award. The case is returned to the trial level for the WCJ to determine the reasonableness of the proposed settlement.

Workers' Compensation Appeals BoardReconsiderationSettlementFindings and AwardRescindedReturned to Trial LevelWCJReasonableness of SettlementNegotiated SettlementInjured Worker
References
Case No. ADJ4364152
Regular
Oct 14, 2008

PATRICIA A. NEWTON vs. SBC PACIFIC BELL

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior July 30, 2008 Joint Findings and Order because the applicant's attorney informed the Board that the case was being settled. The case is remanded to the trial level, where the WCJ will either re-issue the original decision if settlement is not finalized within 30 days, or proceed with settlement approval or other appropriate action if settlement papers are timely filed. This order allows the parties to finalize their settlement while preserving their rights.

ReconsiderationRescinded OrderRemandedTrial LevelSettlementTentative SettlementWCJJoint Findings and OrderFinalized SettlementAdministrative Law Judge
References
Case No. ADJ2038785 (VNO 0426080), ADJ900602 (VNO 0426045), ADJ2562931 (VNO 0494371), ADJ7032939, ADJ7045667
Regular
Aug 01, 2019

JOSEPH PROTHRO vs. STATE COMPENSATION INSURANCE FUND as administered by ACCLAMATION INSURANCE MANAGEMENT SERVICES

This Workers' Compensation Appeals Board case, involving multiple claim numbers for Joseph Prothro against State Compensation Insurance Fund, has been granted reconsideration. The Board rescinded the prior WCJ's decision because a settlement has been proposed. The case is now returned to the WCJ to evaluate the settlement, with the option to reinstate the original decision if the settlement is not approved. This decision is not a final determination on the merits.

Workers' Compensation Appeals BoardPetition for ReconsiderationGrant ReconsiderationRescind DecisionReturn to Trial LevelWorkers' Compensation Administrative Law JudgeProposed SettlementApproval of SettlementReinstating Original DecisionFinal Decision
References
Case No. ADJ1518346 (MON 0297186)
Regular
Nov 20, 2017

THOMAS MARTINEZ vs. RALPHS GROCERY COMPANY, Permissibly Self-Insured; Administered by SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a WCJ's decision allowing a lien claim of $51,400.37 for medical treatment. During reconsideration, the defendant, Ralphs Grocery Company, and the lien claimant, Motion Picture Health Fund (MPHF), resolved the lien dispute through mediation. They agreed to a settlement payment of $29,950.00. Consequently, the WCAB rescinded the original WCJ order, approved the settlement agreement, and dismissed the defendant's petition for reconsideration as moot.

Workers' Compensation Appeals BoardRalphs Grocery CompanySedgwick Claims Management ServicesMotion Picture Health Fundlien claimmedical treatment expensepenaltiesinterestreconsiderationvoluntary mediation
References
Case No. ADJ2615603 (SAC0369648), ADJ6850601
Regular
Apr 05, 2023

JAMES CHADWICK vs. SUBSEQUENT INJURIES BENEFITS TRUST FUND

The Workers' Compensation Appeals Board granted reconsideration to review a settlement agreement between applicant James Chadwick and the Subsequent Injuries Benefits Trust Fund. Following a settlement conference, the parties submitted a Compromise and Release. The Board found the settlement amount to be adequate and in the applicant's best interest, and also deemed the requested attorneys' fee reasonable. Therefore, the Board rescinded the prior Findings of Fact and Order and approved the Compromise and Release.

Workers' Compensation Appeals BoardSubsequent Injuries Benefits Trust FundCompromise and ReleaseOpinion and Decision After ReconsiderationLabor Code Section 5001Labor Code Section 5002WCAB Rule 10700(b)Findings of Fact and OrderWorkers' Compensation Administrative Law JudgeCommissioners' Settlement Conference
References
Case No. ADJ11019336
Regular
Oct 30, 2019

ISAAC HERNANDEZ vs. RICARDO DELGADO FRESNO FLOORING, FARMERS WESTLAKE VILLAGE FARMERS INSURANCE EXCHANGE

In this workers' compensation matter, the Appeals Board has rescinded its prior decision and returned the case to the trial level. This action was taken because the applicant and defendant have reached a proposed settlement agreement while the case was pending reconsideration. The Workers' Compensation Appeals Board is now allowing the Workers' Compensation Judge to review and potentially approve this settlement. If the settlement is not approved, the judge can issue a new decision, and either party can seek further reconsideration.

Workers' Compensation Appeals BoardReconsiderationSettlementFindings of FactOrdersWorkers' Compensation Administrative Law JudgeRescindedReturned to Trial LevelPetition for ReconsiderationProposed Settlement
References
Case No. ADJ12518707; ADJ12518708; ADJ12518731
Regular
Feb 13, 2023

BESSIE TRIPLETT vs. PACIFIC BELL TELEPHONE COMPANY, OLD REPUBLIC INSURANCE COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board (WCAB) rescinded three Orders Approving Compromise and Release (OACRs) issued by a WCJ, finding them inadequate due to a lack of evidence, unclear terms regarding indemnity, illegible provisions, and conflicting language within addenda and the main body of the agreements. The Board noted the parties failed to provide medical reports or explain the basis for indemnity "according to proof" and highlighted inconsistencies in the settlement's scope and the improper settlement of supplemental job displacement benefits. Consequently, the matters were returned to the trial level for further proceedings to determine the adequacy of the proposed settlements.

Compromise and ReleaseOrder Approving Compromise and ReleasePetition for ReconsiderationWCJ ReportMedical RecordsDue ProcessQualified Medical-Legal ExaminationDeclaration of Readiness to ProceedMotion to CompelMandatory Settlement Conference
References
Case No. ADJ8239362
Regular
Aug 01, 2019

ADAUCO LOPEZ (DECEASED), EDUVIGES LOPEZ vs. DESERT FALLS PROPERTY & MANAGEMENT, ULLICO CASUALTY COMPANY in liquidation, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, SEDGWICK CLAIMS MANAGEMENT SERVICES

This case involved a dependency claim for the deceased worker, Adauco Lopez, with Eduviges Lopez as the applicant. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to review the facts and law. Following a settlement conference, the parties submitted a Compromise and Release (C&R) agreement for approval. The WCAB approved the C&R, awarding $55,000 to the applicant, but reduced the attorneys' fees from $11,000 to $9,900, finding that amount to be reasonable and in the applicant's best interest.

Compromise and ReleaseUllico Casualty Company in liquidationCalifornia Insurance Guarantee Associationdependency claimappeals board approvalLabor Code section 5001WCAB Rule 10882Labor Code section 5002settlement adequacyattorneys' fees
References
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