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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. ADJ440509 (SBR 0317006)
Regular
Oct 15, 2012

VICTORIA AGEE vs. STATE OF CALIFORNIA, Legally Uninsured, DEPARTMENT OF CORRECTIONS CRC, STATE COMPENSATION INSURANCE FUND, Adjusting Agent

This case involves a lien claimant, the applicant's attorney, seeking reconsideration of an Amended Findings and Award. The WCJ found the applicant sustained a 100% permanent disability for life, with attorney fees set at 15% of accrued awards. The attorney disagreed with the WCJ's indication that fees would be paid "from the side" of the award, preferring commutation from the "far end." The Appeals Board dismissed the petition because the WCJ's finding on attorney fees was not a final order, as it deferred the issue pending further proceedings. The Board noted that commutation from the "side of the award" is customary in permanent total disability cases and is within the WCJ's discretion.

Workers' Compensation Appeals BoardPetition for ReconsiderationAmended Findings and AwardCumulative Industrial InjuryCorrectional OfficerPermanent Disability BenefitsAttorney FeesPetition for CommutationDisability Evaluation UnitDeclaration of Readiness
References
Case No. ADJ9865530
Regular
Mar 20, 2015

Baldemar Gonzalez, Jr. vs. Morganite Industries, Gallagher Bassett

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration of a prior award. The petition was dismissed because it was filed untimely and was not properly verified. Although the applicant alleged fraud in obtaining the award, and the stipulations appear to lack a required signature, the Board cannot act on these grounds due to procedural deficiencies and expired timeframes. The applicant may still pursue relief under the Board's continuing jurisdiction concerning rescission, alteration, or amendment of the award within five years of the date of injury.

Petition for ReconsiderationStipulations with Request for Awardfraudmisrepresentationuntimely filingverificationLabor Code Section 5902Labor Code Section 5903continuing jurisdictionLabor Code Sections 5803-5804
References
Case No. ADJ3190591 (SFO 0510866) ADJ9088362 ADJ9524437
Regular
Nov 21, 2014

ISAIAH KACYVENSKI vs. OAKLAND RAIDERS; ACE USA Administered by ESIS; ST. LOUIS RAMS and GREAT DIVIDE INSURANCE COMPANY Administered by BERKLEY SPECIALTY UNDERWRITING MANAGER, LLC

This case concerns a workers' compensation award against the St. Louis Rams and the Oakland Raiders for an injured professional athlete. The Rams petitioned for reconsideration, arguing they were improperly included in a joint award based on stipulations they were not a party to, violating their due process rights. The Appeals Board granted reconsideration, finding the Rams' due process claim had merit. The award was amended to be solely against the Oakland Raiders, as the Rams had elected not to proceed and their employment liability was not established.

Workers' Compensation Appeals BoardJoint AwardPetition for ReconsiderationLabor Code section 5500.5(c)Stipulations with Request for Awardcumulative injuryprofessional athletepermanent disabilitydue processexcess of WCJ's powers
References
Case No. ADJ7024559
Regular
Sep 24, 2013

ANTONIA PEDRO vs. KAISER FOUNDATION HOSPITAL, SEDGWICK CLAIMS MANAGEMENT SERVICES

Defendant Kaiser Foundation Hospital sought reconsideration of an award, claiming newly discovered evidence of EDD payments to the applicant during a period of permanent disability advances. The parties subsequently reached an agreement resolving the issue of EDD reimbursement. Consequently, the Appeals Board granted reconsideration, rescinded the original award, and remanded the matter to the WCJ. The WCJ is to issue an amended award based on the parties' revised stipulations.

Workers' Compensation Appeals BoardPetition for ReconsiderationStipulations with Request for AwardAwardNewly Discovered EvidenceEDDPermanent Disability AdvancesPermanent Disability IndemnityAmended AwardReimbursement
References
Case No. ADJ7166686
Regular
Jul 24, 2012

RICHARD ANDERSON vs. JAGUAR/LANDROVER OF VENTURA, COMPWEST INSURANCE COMPANY

This case involves an applicant who suffered a stroke and subsequent 100% permanent disability following surgery for an industrial shoulder injury. The defendant sought reconsideration, arguing for apportionment to pre-existing conditions and challenging the attorney's fee calculation. The Appeals Board affirmed the 100% permanent disability finding, finding no basis for apportionment as the applicant's pre-existing conditions did not cause the disability itself. However, the Board modified the attorney's fee award, requiring commutation using a specific method and a 3% cost of living adjustment, finding the previously assumed 4.6% to be speculative.

Workers Compensation Appeals BoardRichard AndersonJaguar/Landrover of VenturaCompwest Insurance CompanyADJ7166686ReconsiderationFindings and AwardIndustrial InjuryBrain InjuryNeurological System
References
Case No. ADJ4613165 (LAO 0778416) ADJ4149404 (LAO 0784600)
Regular
Jan 13, 2012

DENNIS SANCHEZ vs. LAR-PAR, INC./WESTSIDE DISTRIBUTORS; NATIONAL UNION FIRE INSURANCE COMPANY, c/o CHARTIS

The Workers' Compensation Appeals Board granted the defendant's Petition for Reconsideration regarding the rescission of a previously approved Stipulations With Request for Award (SRA). The Board found merit in the defendant's argument that there was no good cause to set aside the SRA, especially since benefits had already been disbursed and accepted. Consequently, the Board rescinded the WCJ's October 28, 2011 order and reinstated the original September 15, 2011 Award approving the SRA. Defendant's allegations of applicant bad faith were noted but deferred to the trial level.

Workers' Compensation Appeals BoardReconsiderationStipulations With Request for AwardRescinding OrderAwardGood CauseLabor Code Section 5813Costs and SanctionsBad FaithFalsification of Documentation
References
Case No. ADJ9172410, ADJ9172422
Regular
Apr 22, 2015

DAVID MEANY vs. WALNUT CREEK FORD, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for ULLICO CASUALTY in Liquidation, Administered By PATRIOT RISK SERVICES

The Workers' Compensation Appeals Board granted reconsideration to correct a clerical error in the original award. The Board rescinded an amended award issued without proper jurisdiction and clarified that temporary disability indemnity in ADJ9172422 is payable less sums received from all sources, including EDD. Case ADJ9172410 was taken off calendar as there were no disputed issues. The original award in ADJ9172422, as amended to reflect these clarifications, was affirmed.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardTemporary Disability IndemnityWage-Loss BasisEmployment Development DepartmentAdministrative Law JudgeOff CalendarClerical ErrorJudicial Function
References
Case No. ADJ8255750
Regular
Sep 19, 2014

Stephen Gomez vs. County of San Bernardino

The Workers' Compensation Appeals Board dismissed the County of San Bernardino's petition for reconsideration. The defendant sought review of a July 29, 2014 award, arguing it was duplicative of a May 7, 2014 award. However, the Administrative Law Judge subsequently issued an order vacating the July 29th award, clarifying it was issued due to a clerical error and the May 7th award remained in effect. This timely vacation rendered the petition moot.

WCABFindings and AwardPetition for ReconsiderationStipulations with Request for AwardClerical errorOrder VacatingRescindMootIndustrial injuryThoracic spine
References
Case No. ADJ6968147
Regular
Nov 18, 2010

JAMES SAUNDERS vs. SEASIDE REFRIGERATED TRANSPORT, STATE FUND COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to address a lien for unpaid child support filed by the Stanislaus County Department of Child Support Services (SCDCSS). The original award, approved without knowledge of this lien, needs amendment to account for the $1,867.75 owed. Both the defendant insurer and the applicant agree the lien should be paid from the remaining $2,618.00 in permanent disability benefits. The Board rescinded the award and returned the case to the trial level for a new award incorporating this payment.

Stipulations and AwardPetition for ReconsiderationStanislaus County Department of Child Support ServicesChild Support LienPermanent DisabilityLack of NoticeGood CauseInadvertenceAmendment of AwardRescinded Award
References
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