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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. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ7971001
Regular
Apr 16, 2013

DARRYL OYAS vs. CALIFORNIA STATE DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

This case involves a dispute over the attorney's fees awarded in a workers' compensation claim for a 100% permanent disability award. The applicant's attorney argues the administrative law judge erred by excluding the State Average Weekly Wage (SAWW) adjustment factor and by using the Uniform Reduction method for commutation instead of the Uniform Increasing Reduction (UIR) method. The Appeals Board granted reconsideration to allow the judge to recalculate the attorney's fees, incorporating a reasonable SAWW adjustment and applying the UIR commutation method, while still considering factors for determining the fee's reasonableness. The Board emphasized separating the calculation of the award's commuted value from the determination of the attorney's fee percentage.

State Compensation Insurance FundWorkers' Compensation Appeals BoardFindings and AwardAttorney's FeePermanent DisabilityState Average Weekly Wage (SAWW)Uniform Increasing Reduction (UIR) methodCommutationStipulations with Request for AwardCorrectional Officer
References
Case No. ADJ781247 (VNO 0510125)
Regular
Feb 01, 2010

Clifford Nichols vs. California Department of Consumer Affairs, STATE COMPENSATION INSURANCE FUND (Adjusting Agent)

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration regarding a Labor Code section 5814 penalty, affirming the penalty was correctly applied to the delayed interest amount, not the underlying award. However, the Board granted reconsideration on its own motion to reverse an attorney's fee award under section 5814.5, as state entities are exempt from this provision. The applicant's attorney was awarded a lien against the penalty and interest, equivalent to 15% of the total amount secured.

Workers' Compensation Appeals BoardLegally UninsuredState Compensation Insurance FundPetition for ReconsiderationFindings of Fact and AwardWCJUnreasonable DelayInterest PaymentTemporary Disability AwardStipulations with Request for Award
References
Case No. ADJ4522362
Regular
Sep 26, 2008

CELESTE LILJEBLAD-THOMAS vs. BARONE'S RESTAURANT, STATE COMPENSATION INSURANCE FUND

The WCAB reversed the Supplemental Findings and Award granting reconsideration to the defendant, State Compensation Insurance Fund. The WCJ lacked jurisdiction to award temporary disability more than five years after the injury date.

WORKERS' COMPENSATION APPEALS BOARDCeleste Liljeblad-ThomasBarone's RestaurantState Compensation Insurance FundSupplemental Findings and Awardtemporary disability indemnityactual earnings25% penaltiesfurther medical treatmentreimbursement for mileage
References
Case No. MON 322663, LAO 0850418
Regular
Dec 10, 2007

DANIEL PAN vs. STATE OF CALIFORNIA, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the administrative law judge's decision. The Board found that the defendant must include projected future cost-of-living adjustments based on the State Average Weekly Wage (SAWW) when calculating the present value of the permanent disability award to determine attorney's fees. The Board affirmed that a 4.7% SAWW adjustment, representing a 50-year average, is a rational basis for these calculations, and the defendant's contention of speculation was unfounded.

Workers' Compensation Appeals BoardPetition for ReconsiderationJoint Findings and AwardPermanent Total DisabilityLabor Code Section 4659(c)State Average Weekly WagePresent Value of AwardCommutation of Attorney's FeesDisability Evaluation UnitAnnual Adjustments
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. ADJ8128282
Regular
Jan 23, 2014

ANGELA EGBIKUADJE vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, returning the case for further proceedings. The defendant, California Department of Corrections and Rehabilitation, argued that the applicant's psychiatric injury claim was preempted by the ADA and not proven under Labor Code section 3208.3. The Board found the original decision lacked proper analysis regarding predominant industrial causation and the good faith personnel action defense. Therefore, the case was remanded for further development of the record, including expert medical opinion on these issues.

Workers' Compensation Appeals BoardAngela EgbikuadjeCalifornia Department of Corrections and RehabilitationLegally UninsuredState Compensation Insurance FundADJ8128282Van Nuys District OfficeReconsiderationFindings and AwardIndustrial cumulative trauma injury
References
Case No. ADJ3563222 (SRO 0126894)
Regular
Jul 25, 2013

SHARON KARR-REDDELL vs. CHRISTOPHERSON HOMES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) reconsidered a decision regarding attorney's fees awarded to applicant's counsel, John Bloom. The WCAB found the original decision erred by calculating fees based on the gross award rather than present value and by not commuting the life pension award for fee payment. The WCAB rescinded the prior order, awarding Mr. Bloom a total of $32,768.18 in attorney's fees based on the present value of both the permanent disability and life pension awards. These fees are to be paid as lump sums commuted from the respective awards through uniform reduction of future payments.

Workers' Compensation Appeals BoardPetition for ReconsiderationPermanent Disability AwardLife Pension AwardAttorney's FeeCommutationPresent ValueUniform Reduction MethodLabor Code Section 4659(c)State Average Weekly Wage
References
Case No. BAK 0147388
Regular
Aug 22, 2007

ALVIN WILEY vs. STATE OF CALIFORNIA, CDCR - WASCO STATE PRISON, STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES

The Workers' Compensation Appeals Board granted reconsideration to clarify the application of Labor Code section 4656(c)(1) regarding the limit on temporary disability indemnity. The Board determined that Enhanced Industrial Disability Leave (EIDL) payments count towards the two-year/104-week limit on temporary disability, reversing the judge's prior finding. Consequently, the applicant is entitled to additional temporary disability only for the brief period from December 29, 2006, to January 4, 2007.

Workers' Compensation Appeals BoardAlvin WileyState of California CDCR Wasco State PrisonLegally UninsuredState Compensation Insurance FundAdjusting AgencyBAK 0147388Opinion and Order Granting Petition for ReconsiderationDecision After ReconsiderationFindings and Award
References
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