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Case Law Database

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

Case No. OAK 0255947
Regular
Jun 02, 2008

VALENTINO MUMFORD vs. HUGHES ENTERPRISES, INC., REPUBLIC INDEMNITY COMPANY

The Appeals Board granted reconsideration to address disputes over the applicant's average weekly earnings and the Board's jurisdiction to re-evaluate prior stipulations on earnings. The WCAB has deferred the issue of average weekly earnings and permanent disability indemnity rate, remanding the case to the trial level to determine if good cause exists to set aside prior stipulations on these matters. The Board clarified that earnings capacity for temporary and permanent disability awards may differ, and if stipulations are set aside, new findings must be supported by substantial evidence.

Labor Code section 5803ReopenAverage weekly earningsPermanent disabilityTemporary disabilityStipulation with Request for AwardPetition to ReopenNew and Further DisabilityGood CauseNicky Blair's Restaurant v. Workers' Comp. Appeals Bd. (Macias)
References
6
Case No. ADJ10067186
Regular
Jun 06, 2019

MICHAEL BEDIG vs. CANTRELL'S COMPUTER SALES AND SERVICE, AMERICAN CASUALTY COMPANY

This case concerns Michael Bedig's petition for reconsideration of a workers' compensation award. The Administrative Law Judge (ALJ) determined Bedig sustained injury to his neck and left upper extremity, resulting in 20% permanent disability and a specific weekly indemnity rate. Bedig sought to overturn this, arguing the ALJ erred by relying on stipulated earnings from a pre-trial conference statement, which he claimed were entered into by mistake and that his actual earning capacity should have been used. The Workers' Compensation Appeals Board denied reconsideration, finding that Bedig had repeatedly stipulated to his earnings and indemnity rate, failed to object to these stipulations at trial or subsequently, and did not demonstrate sufficient grounds to set aside a unilateral mistake.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardAdministrative Law JudgePermanent DisabilityStipulationsPre-trial Conference StatementEarnings CapacityAverage Weekly WageIndemnity Rate
References
0
Case No. ADJ620656 (LAO 0765628) ADJ515169 (LAO 0765629)
Regular
Feb 18, 2010

SERGIO CHAIREZ vs. CHEROKEE BINDERY, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for PAULA INSURANCE, in liquidation, by INTERCARE INSURANCE SERVICES

The Workers' Compensation Appeals Board granted reconsideration to CIGA, rescinding the WCJ's order that applicant's average weekly earnings were $900.00, which would have increased indemnity payments. The Board found the evidence insufficient to justify setting aside the parties' 2000 stipulation of $754.47 in weekly earnings, citing a lack of good cause such as mutual mistake. The case is remanded to the trial level for further development of the record regarding the accuracy of the stipulated earnings and whether there is good cause to overturn it. The check stubs submitted by the applicant raise a question, necessitating further proceedings to fully adjudicate the issue.

CIGAPaula InsuranceIntercare Insurance ServicesSergio ChairezCherokee Binderystipulationaverage weekly earningsreconsiderationrescindedWCJ
References
7
Case No. MISSING
Regular Panel Decision

Kirschhoffer v. Van Dyke

Plaintiff Lynne A. Kirschhoffer was injured in a car collision, and defendants were found solely responsible. A jury initially awarded Kirschhoffer $8,595,000 and her husband $1.8 million for derivative claims. The Supreme Court conditionally reduced these awards for future pain and suffering, impairment of earning ability, and the derivative claim, to which plaintiffs stipulated. Defendants appealed, challenging the preclusion of their medical expert's testimony regarding Kirschhoffer's pre-existing spondylolisthesis and the refusal to instruct the jury on pre-existing conditions, both of which the appellate court affirmed. The defendants' contention regarding the speculative nature of lost future earning capacity was also rejected. However, the appellate court further reduced the awards for future pain and suffering, impairment of earning ability, and derivative damages, finding the prior reductions still materially deviated from reasonable compensation, and ordered a new trial on these specific damages unless plaintiffs stipulate to the further reduced amounts.

Personal InjuryCar AccidentDamages ReductionJury AwardMedical Expert TestimonyPre-existing ConditionLost Earning CapacityAppellate ReviewPain and SufferingSpondylolisthesis
References
23
Case No. MISSING
Regular Panel Decision

Gioia v. Cattaraugus County Nursing Home

The case involves an appeal from a Workers' Compensation Board decision regarding a claimant's reduced earnings award. The claimant, a nurse's aide with a permanent partial disability from a back injury, had her weekly compensation rate adjusted by the Board to be based on her actual reduced earnings from her current job, rather than her degree of disability. The employer and its workers' compensation carrier appealed, arguing that the Board should have considered the claimant's capacity to earn more. The court affirmed the Board's decision, reiterating that for claimants demonstrating labor market attachment, wage-earning capacity must be determined exclusively by actual earnings during disability, as evidence of capacity to earn more or less, including medical evidence of disability degree, is prohibited.

reduced earnings awardpermanent partial disabilitywage earning capacitylabor market attachmentactual earningsworkers' compensation lawappeal decisionjudicial reviewindependent medical examinationemployer appeal
References
6
Case No. MISSING
Regular Panel Decision

Claim of Finocchio v. W. A. White Underwear Corp.

The claimant, a sewing machine operator, sustained an injury in 1955 and was later found to have a permanent partial disability in 1963. In 1974, her employer ceased operations, leading to an inability to find new work. The Workers’ Compensation Board awarded benefits for reduced earnings, determining she remained in the labor market. The employer appealed, arguing that the reduced earnings were solely due to economic conditions. The appellate court reversed the Board's decision, finding insufficient proof that the claimant’s disability contributed to her reduced earnings after her employer went out of business, and remitted the case for further findings on the cause of the reduced earnings.

Workers' CompensationPermanent Partial DisabilityReduced EarningsEconomic ConditionsCausationBurden of ProofAppellate ReviewRemittalWorkers' Compensation Board
References
4
Case No. ADJ3597382 (ANA 0389556) ADJ1290407 (ANA 0389557) ADJ4056921 (ANA 0389558)
Regular
Dec 08, 2008

ALPHONZO STRONG vs. TWR ENTERPRISES, NATIONAL UNION FIRE, Administered by AIG DOMESTIC CLAIMS

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration and dismissed its petition for removal. The defendant sought to overturn an order approving a stipulation for retroactive temporary disability benefits, arguing a subsequent discovery of applicant's higher earnings justified a lower payment. The Board affirmed the WCJ's decision, finding no basis to overturn the stipulation given the applicant's injury date and ample time for the defendant to calculate earnings.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalStipulation of the partiesretroactive temporary disability benefitsmutual mistakeweekly earningsadmitted injurysupplemental medical reportsfinal order
References
2
Case No. MISSING
Regular Panel Decision
Jun 22, 2015

Claim of Barrett v. New York City Department of Transportation

The case involves an appeal from a Workers’ Compensation Board decision regarding a claimant injured in a 2011 work-related motor vehicle accident. A WCLJ classified the claimant with a permanent partial disability and a 25% loss of wage-earning capacity, ruling that he would be entitled to 250 weeks of benefits if his full wages ceased. The Board affirmed this, leading the employer to appeal, arguing that the claimant's current full wages meant a 100% wage-earning capacity, rendering the 25% loss finding unlawful. The court affirmed the Board’s decision, distinguishing between 'loss of wage-earning capacity' (fixed, for benefit duration) and 'wage-earning capacity' (fluctuating, for weekly rates).

Workers' CompensationPermanent Partial DisabilityWage-Earning CapacityLoss of Wage-Earning CapacityBenefit DurationAppellate ReviewStatutory InterpretationMotor Vehicle AccidentNew York Workers' Compensation BoardDisability Classification
References
2
Case No. FRE 0232051
Regular
Sep 17, 2007

EARL BACHANT vs. CITY OF FRESNO

The Appeals Board reversed the trial judge's decision, finding that Labor Code section 4458.5 did not apply to a firefighter who retired before developing a work-related cancer that manifested years later. Consequently, the applicant's average weekly earnings for indemnity benefits were determined by his stipulated zero earnings at the time of disability, not his pre-retirement earnings, resulting in the minimum indemnity rate. The Board emphasized that earnings are assessed at the time of first compensable disability, and section 4458.5's specific enumerated statutes and timeframes were not met.

Workers' Compensation Appeals BoardCity of FresnoPermissibly Self-InsuredEarl Bachantfirefightercarcinogenscancerpermanent and stationarydate of injuryLabor Code section 5412
References
2
Case No. ADJ3834539 (OXN 0143663)
Regular
Nov 13, 2014

ALFRED RASGADO vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

The Appeals Board affirmed the WCJ's decision, which found a $55\%$ permanent disability rating and a $15\%$ increase for the applicant. The Board held that diminished future earning capacity (DFEC), as determined by vocational experts, can rebut the scheduled permanent disability rating, provided impermissible nonindustrial factors are excluded. The applicant's stipulated average weekly wage and CalPERS pension are not determinative of earning capacity, as permanent disability compensates for both physical loss and reduced earning capacity, not directly for lost earnings. The Board clarified that apportionment of permanent disability is the WCAB's duty, not that of a vocational expert.

Workers' Compensation Appeals BoardAlfred RasgadoState of California Department of CorrectionsState Compensation Insurance FundPermanent DisabilityLabor Code section 4658(d)Permanent Disability Rating ScheduleDiminished Future Earning Capacity (DFEC)Vocational ExpertOgilvie v. City and County of San Francisco
References
3
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