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

Case No. ADJ1936318
Regular
Jun 17, 2013

JUAN RIVERA vs. MORROW CABLE, ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the Administrative Law Judge's (ALJ) decision. The ALJ recommended dismissal or denial of the petition due to improper verification by the defendant's attorney. The central issue was the necessity and reasonableness of a $165 lien for an interpreter to translate a Compromise and Release document for a Spanish-speaking applicant. The ALJ found such interpretation reasonable and necessary to protect both parties, rejecting the defendant's argument that the applicant's attorney speaking Spanish negated this need.

WCABPetition for ReconsiderationWCJUnverified PetitionLabor Code Section 5902CCP 446VerificationDismissalLienLogos Language
References
0
Case No. OAK 0343209
Regular
Jun 20, 2008

SANTIAGO SANTOS vs. GHIRINGHELLI PIZZA, REPUBLIC INDEMNITY COMPANY

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration because the order suspending action on a proposed settlement was an interlocutory procedural order, not a final decision. The Board found the applicant failed to demonstrate significant prejudice or irreparable harm, noting the judge's concerns about settlement adequacy and the lack of a certified interpreter for the Spanish-speaking applicant. The case will return to the trial level for further proceedings on the settlement's adequacy.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Suspending ActionCompromise and ReleaseAdequacy HearingInterlocutory OrderFinal OrderRemovalCertified InterpreterIndustrial Injury
References
12
Case No. ADJ10171082
Regular
Nov 05, 2019

Mercedes Cuevas vs. Pacific Union Conference of Seventh Day Adventists, Cambridge Administrators, LLC

This case concerns whether the defendant provided adequate notice to the applicant regarding her workers' compensation rights, specifically concerning the statute of limitations. The applicant, who does not speak English, received notices only in English, which may violate Labor Code Section 5401's requirement for notices to be available in both English and Spanish. The Workers' Compensation Appeals Board (WCAB) rescinded the prior findings and returned the case for further proceedings to determine if the statute of limitations should be tolled. The WCAB emphasized the need to investigate whether the applicant had actual knowledge of her rights and obligations despite the language barrier.

Workers' Compensation Appeals BoardReconsiderationFindings of FactPermanent Disability Benefits DenialReynolds v. Workmen's Comp. Appeals Bd.Statute of LimitationsTollingSection 5401Spanish Language NoticeInformation and Assistance Officer
References
9
Case No. ADJ1054155 (LAO 0854446) ADJ1247741 (LAO 0854447) ADJ1895803 (LAO 0854448)
Regular
May 03, 2011

HIRITI OKUAMICHAEL vs. PAUL OWENS SHOES INC., STATE FARM FIRE AND CASUALTY COMPANY, STATE COMPENSATION INSURANCE FUND

This amended order clarifies that the Workers' Compensation Appeals Board has granted the applicant's petition for reconsideration of the February 8, 2011 Findings and Awards. This reconsideration aims to allow the Board to thoroughly study the factual and legal issues, including those to be raised in the applicant's supplemental petition. The applicant's request to file a supplemental petition has also been granted and reaffirmed. All future communications regarding these cases should be directed to the Office of the Commissioners of the WCAB.

Supplemental PetitionReconsiderationAppeals Board Rule 10848Findings and AwardsDecision After ReconsiderationOffice of the CommissionersWCABADJ1054155ADJ1247741ADJ1895803
References
0
Case No. ADJ133550 (LAO 0865174)
Regular
Mar 04, 2011

DAVID MENDEZ vs. COAST HEAT TREATING CO., ZENITH WOODLAND HILLS

The Applicant sought reconsideration and removal of an order denying his petition to strike a doctor's report, arguing a certified interpreter was required for a Spanish-speaking claimant during a medical examination. The Appeals Board dismissed the petition for reconsideration because the order was not final. The Board denied the petition for removal, finding no substantial prejudice or irreparable harm and noting the issue of the report's admissibility is reserved for trial. The Applicant failed to provide proof of allegations or file a Declaration of Readiness regarding discovery issues.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalWCJcertified interpretermedical examinationnon-English speaking workersubstantial evidencediscovery issuesevidentiary issues
References
7
Case No. ADJ2187609 (FRE 0247873)
Regular
Dec 28, 2012

ALICIA ESTRADA vs. FOOTHILL PACKING, INC., LIBERTY MUTUAL

This case involves an applicant's claim for workers' compensation benefits due to an industrial injury. The defendant sought reconsideration and removal of an order requiring the applicant to be examined by a Spanish-speaking neuropsychologist. The Appeals Board dismissed the reconsideration, finding the order interlocutory and not a final determination of substantive rights. While the Board denied removal, one Commissioner dissented, arguing the WCJ erred by relying on inapplicable protocols and mandating a language-specific examiner rather than a certified interpreter, which could cause substantial prejudice and set an improper precedent.

Workers Compensation Appeals BoardReconsiderationRemovalWCJQualified Medical ExaminerAgreed Medical ExaminerComing and Going RuleDoctor ShoppingLabor CodeInterlocutory Order
References
7
Case No. ADJ9016733
Regular
May 03, 2016

TYSON CONGER vs. CARE AMBULANCE, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration of a prior award concerning industrial injuries to his low back and psyche. The applicant argues the original findings did not properly weigh evidence and support a higher permanent disability rating. The Board also permitted the applicant to file a supplemental petition to address new information, allowing defendants an opportunity to respond. Reconsideration was granted to ensure a complete review of the record and a just decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationSupplemental PetitionEmergency Medical TechnicianLow Back InjuryPsyche InjuryTemporary DisabilityFuture Medical TreatmentPermanent DisabilityApportionment
References
1
Case No. MISSING
Regular Panel Decision

In re the Estate of Toribio

The case involves an uncontested proceeding for an administrator to resign and for a successor to be appointed. The initial administrator, Jennifer, wishes to resign from her role in the estate of her three-year-old sister, Jannin, who died tragically. She requests the court appoint their father, Domingo Toribio, as the new administrator. The primary legal question addressed by Surrogate Kristin Booth Glen is whether Mr. Toribio, who only speaks, reads, and writes in Spanish, is qualified to serve as a fiduciary under SCPA 707 (2), which allows a court discretion to declare a person unable to read and write English ineligible. The court examines the legislative intent, relevant case law, and societal changes regarding disability and non-English-speaking populations, particularly in New York City. The opinion concludes that English language competence should not be a prerequisite for fiduciary status unless no reasonable accommodations are possible, and grants the application for Jennifer's resignation and Domingo Toribio's appointment, noting he and his counsel have established satisfactory communication.

Estate AdministrationSurrogate's CourtFiduciary AppointmentLanguage BarrierEnglish ProficiencySCPA 707 (2)Multilingual SocietyJudicial DiscretionCivil RightsAccess to Justice
References
12
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
0
Case No. ADJ6958416
Regular
May 19, 2011

Norma Zell vs. ALAMEDA COUNTY, SEDGWICK CMS

The Workers' Compensation Appeals Board granted the applicant's first petition for reconsideration, amending the original award to increase her permanent disability rating from 20% to 24% based on corrected medical calculations. The Board denied the applicant's second petition for reconsideration regarding her left wrist injury, adopting the judge's reasoning that it was not a compensable industrial injury. The original finding of a cumulative industrial injury to the right wrist during her employment as a deputy sheriff was affirmed. The award was amended to reflect the 24% permanent disability rating and adjusted attorney fees.

Workers' Compensation Appeals BoardCumulative Industrial InjuryRight Wrist InjuryDeputy SheriffPermanent Disability RatingAMA GuideWhole Person ImpairmentPetition for ReconsiderationFindings and AwardDecision After Reconsideration
References
0
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