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

Case No. ADJ8214863
Regular
Sep 23, 2014

JOEL PRECIADO vs. DECORATOR'S PLACE CORPORATION, THE HARTFORD INSURANCE COMPANY, SOUTHERN INSURANCE COMPANY

Defendants Hartford and Southern Insurance Company seek reconsideration of the WCJ's finding of a cumulative trauma injury with a date range. Hartford argues the date of injury should be no later than April 10, 2010, based on applicant's testimony and AME report. Southern contends there are two separate cumulative injuries, with dates of April 2010 and January 8, 2012, requiring separate liability determinations. The Appeals Board granted reconsideration, rescinded the prior findings, and returned the matter to the trial level for further proceedings, emphasizing the need for a single date of injury determination and potential apportionment.

WORKERS' COMPENSATION APPEALS BOARDJOEL PRECIADODECORATOR'S PLACE CORPORATIONTHE HARTFORD INSURANCE COMPANYSOUTHERN INSURANCE COMPANYADJ8214863OPINION AND ORDER GRANTING PETITIONS FOR RECONSIDERATIONDECISION AFTER RECONSIDERATIONCUMULATIVE TRAUMA INJURYLABOR CODE SECTION 5412
References
Case No. ADJ7529761
Regular
Sep 02, 2018

MARIA GARCIA vs. GREEN CUISINE, INC., GOLDEN EAGLE INSURANCE COMPANY, SOUTHERN INSURANCE COMPANY

This case involves Southern Insurance Company seeking reconsideration of an arbitrator's award of contribution to Golden Eagle Insurance Company. Southern argued a contribution petition filed before a Compromise and Release (C&R) approval was void, and Golden Eagle missed the subsequent one-year limitations period. The Board denied reconsideration, adopting the arbitrator's report and finding the initial petition timely filed under Labor Code Section 5500.5(e). The Board clarified that filing before award approval does not void a contribution petition, especially when the C&R doesn't require a refiling.

Petition for ReconsiderationCompromise and ReleasePetition for ContributionLabor Code section 5500.5(e)ContributionArbitratorFindings and AwardGolden Eagle Insurance CompanySouthern Insurance CompanyIndustrial Injury
References
Case No. ADJ7284009
Regular
Jul 21, 2015

Hugh McGuire vs. Wenmat, Inc. dba Alhambra Athletic Club, Everest National Insurance Company, State Compensation Insurance Company, Southern Insurance Company

Southern Insurance sought reconsideration of an order that denied its request for mandatory arbitration of a contribution dispute with Everest and SCIF. The WCJ had ruled that Southern had no right to contribution, determining Everest and SCIF lacked liability. The Appeals Board granted reconsideration, rescinded the WCJ's order, and returned the matter for further proceedings. The Board found that a dispute concerning the right of contribution under Labor Code section 5500.5 mandates arbitration.

Workers' Compensation Appeals BoardHugh McGuireWenmat Inc.Alhambra Athletic ClubEverest National Insurance CompanyState Compensation Insurance CompanySouthern Insurance CompanyFirstComp MarkelADJ7284009Petition for Reconsideration
References
Case No. VNO 0438915
Regular
Oct 23, 2008

Applicant vs. University of Southern California

This case concerns an applicant's Petition for Reconsideration of a WCAB decision denying injury claims against the University of Southern California (USC). The applicant alleged a physical altercation with his supervisor, Mr. Pickering, during a meeting on September 20, 2001, which he claims caused various injuries. However, the WCJ found the applicant lacked credibility due to inconsistencies in his testimony and failure to report the incident promptly. The WCJ relied on testimony from witnesses who stated Mr. Pickering merely touched the applicant's shoulders and noted the applicant's history of prior injuries and medical issues not fully disclosed.

WCABPetition for ReconsiderationUniversity of Southern CaliforniaBiological Safety Specialistspecific injuryanimositycredibility issuesshoulder touchingprior injurieshypertension
References
Case No. ADJ3851666 (AHM 0142294) ADJ6984864
Regular
Sep 03, 2010

EDWARD NEWMAN vs. SOUTHERN CALIFORNIA EDISON

This case involves a Petition for Removal filed by Edward Newman against Southern California Edison. The Workers' Compensation Appeals Board (WCAB) reviewed the petition and the accompanying report from the administrative law judge. Finding no grounds to disturb the WCJ's findings, the WCAB has issued an order denying removal. Therefore, the petition to remove the case from its current procedural stage has been rejected.

Workers' Compensation Appeals BoardPetition for RemovalWCJ reportdenying removalSouthern California EdisonPermissibly Self-InsuredADJ3851666ADJ6984864administrative law judgeRonnie G. Caplane
References
Case No. ADJ3851666 (AHM 0142294)
Regular
Sep 16, 2013

EDWARD NEWMAN vs. SOUTHERN CALIFORNIA EDISON

This Workers' Compensation Appeals Board case involved applicant Edward Newman and defendant Southern California Edison. The Board granted reconsideration of a prior decision, affirming it in part but amending the orders. Specifically, the liens of Lab-Eval Services and Stanley Majcher MD were disallowed, with jurisdiction reserved for costs and sanctions against them and Scott Marks. The matter was then returned to the trial level for further proceedings.

Petition for ReconsiderationSouthern California EdisonEdward NewmanWorkers' Compensation Appeals BoardWCJ's reportgrant reconsiderationamend decisiondisallowed liensLab-Eval ServicesStanley Majcher MD
References
Case No. ADJ9196082 (MF) ADJ10238220
Regular
Oct 02, 2019

JOHN FORKNER vs. SOUTHERN CALIFORNIA EDISON

This case involves a request for additional attorney's fees under Labor Code § 5801 following an unsuccessful writ of review by Southern California Edison. The Appeals Board found the applicant's attorney's requested rate of $450/hour reasonable. Despite the sole appellate issue being the substantiality of a medical opinion, the Board deemed the case of above-average complexity due to extensive briefing and exhibits filed by both parties. Therefore, the Board awarded $18,000.00 in appellate attorney's fees.

Workers' Compensation Appeals BoardSouthern California EdisonPetition for Writ of ReviewLabor Code § 5801attorney's feesappellate attorney's feesAgreed Medical EvaluatorAMEabove average complexityfactual issues
References
Case No. ADJ7234303
Regular
Nov 26, 2012

KENNETH ALBERS vs. SOUTHERN CALIFORNIA EDISON

This Workers' Compensation Appeals Board decision denies Southern California Edison's petition for reconsideration. The Board affirmed the finding that applicant Kenneth Albers sustained an industrial injury to his lumbar spine and lower extremities requiring future medical treatment. The Board found the applicant's employment was a sufficient contributing cause to his injury, even if it aggravated a pre-existing condition. The Board also noted concerns regarding a Qualified Medical Evaluator's understanding of workers' compensation law.

Workers' Compensation Appeals BoardSouthern California Edisonindustrial injurylumbar spinelower extremitiesfuture medical treatmentjob analysisPanel Qualified Medical Evaluator (PQME)Labor Code section 3600arising out of and in the course of employment
References
Case No. ADJ10239095
Regular
Apr 03, 2025

FRED DAVIS vs. SOUTHERN CALIFORNIA EDISON

Defendant, Southern California Edison, petitioned for reconsideration of the August 17, 2022 Findings of Fact, Award and Orders, which found applicant Fred Davis sustained a work-related low back, neck, and hypertension injury resulting in 76% permanent partial disability. The Workers' Compensation Appeals Board granted reconsideration. Subsequently, the parties filed a Compromise and Release. Therefore, the Appeals Board rescinded the August 17, 2022 decision and returned the matter to the WCJ for further proceedings to consider the Compromise and Release, without ruling on the merits of the reconsideration petition.

Workers' Compensation Appeals BoardReconsiderationFindings of FactAward and OrdersPermanent Partial DisabilityCompromise and ReleaseOpen Medical TreatmentRescinded DecisionReturned to Trial LevelAdministrative Law Judge
References
Case No. ADJ4188630 (ANA 0407449) ADJ4338975 (ANA 0407448)
Regular
Mar 22, 2010

RANDOLPH ADAIR vs. SOUTHERN CALIFORNIA EDISON; Permissibly Self-Insured

This case involves applicant Randolph Adair's industrial injury claim against Southern California Edison. The Workers' Compensation Appeals Board granted reconsideration of a prior award due to disputes over the permanent disability rating. Specifically, the defendant argued the judge improperly relied on a "range of evidence" method, rather than strictly applying the AMA Guides, when evaluating medical reports on spinal translation. The Board found insufficient substantial medical evidence to support the judge's permanent disability rating and remanded the case for further medical development, potentially through an Agreed Medical Examiner. The defendant's liability for self-procured medical treatment, however, was upheld.

Workers Compensation Appeals BoardSouthern California EdisonRandolph AdairJoint Findings Award and OrdersAdministrative Law JudgePermanent DisabilityAMA GuidesDRE CategoriesWPIAgreed Medical Examiner
References
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