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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. ADJ2241828
Regular
Dec 05, 2008

LISA MANZO vs. WHITE MEMORIAL MEDICAL CENTER

The Workers' Compensation Appeals Board dismissed the employer's petition for reconsideration as it was not a final order but granted removal to rescind the WCJ's disapproval of the Stipulations. The Board found the Stipulations might be adequate despite the WCJ's concerns and ordered the matter returned to the trial level with missing documents to be filed. The employer must provide Dr. Knight's December 2006 report, its investigator's report, and the proposed Stipulations for a new decision on their adequacy.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalStipulations with Request for AwardWCJ disapprovalinadequate Stipulationsunsigned Stipulationsindustrial injuryright wristright elbow
References
Case No. RDG 115445
Regular
Jun 19, 2008

BRENDA TYNER vs. IHSS and STATE COMPENSATION INSURANCE FUND, KELLEE J. HOPKINS dba ACUTELY RESIDENTIAL CARE

The State Compensation Insurance Fund (SCIF) sought reconsideration of an order approving a stipulation where an uninsured employer assumed 75% of liability. SCIF argued the stipulation lacked consideration as the uninsured employer had no intent to perform. However, SCIF subsequently withdrew its petition for reconsideration during a hearing, leading the Appeals Board to dismiss the petition.

WCABPetition for ReconsiderationStipulationUninsured EmployerState Compensation Insurance FundAcutely Residential CareWorkers' Compensation BenefitsWithdrawalDismissalOrder Approving Stipulation
References
Case No. ADJ3776662
Regular
Jul 22, 2010

Frederick Deamude vs. Pacific Refrigeration, Inc., State Compensation Insurance Fund

The Workers' Compensation Appeals Board dismissed Pacific Refrigeration, Inc. and State Compensation Insurance Fund's (SCIF) petition for reconsideration. SCIF initially sought to correct alleged clerical errors in temporary disability indemnity rates and dates. However, at a subsequent hearing, the parties mutually agreed to handwritten and initialed amendments to the stipulated findings. These amendments resolved the disputed issues, leading SCIF to withdraw its petition, resulting in its dismissal.

Petition for ReconsiderationStipulated Findings and AwardTemporary Disability IndemnityPermanent Disability IndemnityClerical ErrorWithdrawal of PetitionWorkers' Compensation Appeals BoardStipulationsOrder Dismissing Petition
References
Case No. ADJ3680124 (VNO 0547138)
Regular
Oct 27, 2010

BOB LUNG vs. STATE OF CALIFORNIA, DEPARTMENT OF MOTOR VEHICLES, STATE COMPENSATION INSURANCE FUND, STATE EMPLOYEES COMMERCE

The Department of Motor Vehicles (DMV), as defendant, sought reconsideration of a workers' compensation award due to a claimed mutual mistake of fact regarding the date of injury. However, the parties subsequently resolved the misunderstanding and jointly filed a Stipulation and Order withdrawing the petition for reconsideration. The Workers' Compensation Appeals Board (WCAB) reviewed the WCJ's Report and the parties' stipulation. Consequently, the WCAB issued an order dismissing the DMV's petition for reconsideration of the August 12, 2010 award.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalAwardStipulationsMutual Mistake of FactDate of InjuryAdministrative Law JudgeWithdrawalEmployer
References
Case No. ADJ9371315
Regular
Sep 08, 2014

JOHN STEPHEN CHACON vs. SACRAMENTO MUNICIPAL UTITILITY DISTRICT, INTERCARE HOLDINGS INSURANCE SERVICES

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration and denied their petition for removal. This action was taken because the underlying stipulated award was void as the unrepresented applicant never reviewed or signed the amended stipulations. The WCAB found this procedural defect rendered the award invalid, and therefore, the judge's order vacating it was appropriate and the defendant's subsequent appeals were moot. The case will return to the trial level for a status conference and further proceedings to ensure due process.

Order Vacating AwardStipulationsRemovalReconsiderationVoid StipulationsUnrepresented ApplicantInformation and Assistance OfficerDue ProcessEx Parte CommunicationSupplemental Pleading
References
Case No. ADJ7790908
Regular
May 21, 2015

ZHENNI LIANG vs. Q LOGIC CORPORATION, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board dismissed a petition for reconsideration filed by Nogales Psychological Counseling, Inc. due to its "skeletal" nature and failure to comply with procedural rules. The petitioner had stipulated to withdraw its lien claim at a hearing but later claimed a calendaring error caused their absence. The Board found the petitioner was not aggrieved by the dismissal order and had shown no good cause to be relieved from its stipulation. Furthermore, the Board admonished petitioner's counsel for improper filing format and misrepresentation of facts.

Nogales Psychological CounselingPetition for ReconsiderationStipulation and Order to Dismiss Lien ClaimSkeletal PetitionCalendaring ErrorReport and RecommendationLabor Code section 5902WCAB Rule 10846Aggrieved PartyStipulation to Withdraw Lien
References
Case No. ADJ8211594
Regular
Jan 17, 2014

ERROL GRIFFIN vs. COUNTY OF LOS ANGELES DEPARTMENT OF HEALTH, Permissibly Self-Insured, Administered By TRISTAR RISK MANAGEMENT

This case involves a dispute over the applicant's average weekly wage (AWW) for temporary disability benefits. Initially, the parties stipulated to an AWW of $1,676.04, but the defendant sought reconsideration based on mutual mistake, claiming the correct AWW was $859.16. Subsequently, both parties filed an amended stipulation agreeing to an AWW of $800.07. The Appeals Board granted reconsideration to defer the issue of temporary disability indemnity and returned the matter to the WCJ to consider the amended stipulation and determine the correct benefits.

Petition for ReconsiderationFindings and AwardTemporary Disability IndemnityStipulated FactsMutual MistakeAverage Weekly WageAmended StipulationWorkers' Compensation Appeals BoardWCJMutual Mistake
References
Case No. AHM 0124082 AHM 0124083 AHM 0124085 AHM 0146447 AHM 0146449 SBR 0329311
Regular
Oct 29, 2007

JEANNETTE RODRIGUEZ vs. DEPARTMENT OF INDUSTRIAL RELATIONS, STATE COMPENSATION INSURANCE FUND

The applicant sought reconsideration of a workers' compensation award, alleging errors in the stipulated agreement regarding injured body parts, indemnity amounts, and the applicability of Labor Code section 4658(d). The Board denied the petition, upholding the validity of the stipulations absent a showing of good cause to set them aside, especially given the applicant was represented by counsel at the time of agreement. The case is returned to the trial level solely for the correction of identified clerical errors in the stipulations.

Workers' Compensation Appeals BoardPetition for ReconsiderationStipulations With Request for AwardAdministrative Law JudgePermanent DisabilityLabor Code Section 4658(d)Clerical ErrorsGood CauseWithdrawal of StipulationInadvertence
References
Case No. ADJ6638827
Regular
Mar 19, 2012

AURORA RIOS vs. LEVLAND LLC, LIBERTY MUTUAL INSURANCE COMPANY

The defendant seeks reconsideration of a Minute Order approving a stipulation resolving issues including temporary disability and attorney fees. The defendant claims the order is unclear and that they and the applicant had different understandings regarding the duration of temporary disability payments. However, the defendant failed to provide a specific offer of proof for newly discovered evidence as required by regulations. The Board denied reconsideration, holding that the defendant is bound by the signed stipulation, which was properly entered into and lacks good cause for withdrawal.

WCABPetition for ReconsiderationMinute OrderTemporary DisabilityStipulationAOE/COEMedical Provider NetworkMPNAMELabor Code Section 4656(c)(2)
References
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