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

Case No. MISSING
Regular Panel Decision

Ochal v. Television Technology Corp.

David Ochal suffered severe electrocution injuries in a work-related accident in February 1988. His personal injury action was settled by stipulation in November 1999, which included a structured settlement and an agreement by a third-party defendant to pay $50,000, waive a substantial workers' compensation lien, and cover pre-settlement medical bills. In May 2004, Ochal moved to enforce the stipulation, seeking payment for approximately $20,000 in medical bills and a pro rata share of litigation costs from the third-party defendant's workers' compensation carrier. The Supreme Court denied his motion, and Ochal appealed. The appellate court affirmed the denial, ruling that Ochal had breached the implied covenant of good faith and fair dealing by submitting medical bills 4.5 years post-settlement and that his claim for pro rata litigation costs lacked merit due to his failure to reserve this right during the settlement.

Structured SettlementStipulation of SettlementContract InterpretationImplied Covenant of Good Faith and Fair DealingWorkers' Compensation LienMedical BillsPro Rata Share of Litigation CostsAppellate ReviewBreach of ContractWaiver of Rights
References
10
Case No. ADJ10514440 (SFO 0282615)
Regular
Dec 27, 2017

RICHARD MERLO vs. CITY OF DALY CITY, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the City of Daly City's petition for reconsideration of an order approving a stipulation. The stipulation, agreed to by co-defendant State Compensation Insurance Fund, settled future medical expenses for $25,000.00. The City argued the stipulation improperly circumvented joint and several liability and alleged unilateral mistake. The Board affirmed the WCJ's report, finding no good cause to vacate the stipulation based on the presented arguments or unilateral mistake.

Workers' Compensation Appeals BoardStipulationJoint and Several LiabilityPetition for ReconsiderationWCJInnovative Claim SolutionsState Compensation Insurance FundFuture Medical ExpensesUnilateral MistakeGood Cause
References
4
Case No. MISSING
Regular Panel Decision

Kowalski v. Fisher 40th & 3rd Co.

The case involves an appeal by UNESCO, Inc., a third-party defendant, against an order and judgment from the Supreme Court, Kings County. The lower court granted the plaintiff's motion to estop UNESCO from denying a stipulation to add its Workers' Compensation Law lien to a jury's damage award, and entered judgment against UNESCO. The appellate court dismissed the appeal from the order but reversed the judgment, vacated the order, and denied the plaintiff's motion. The appellate court found no evidence of a written or open-court stipulation and no reliance by the plaintiff on the alleged stipulation, thus concluding that the Supreme Court erred in applying estoppel. The matter was remitted for further proceedings.

Personal InjuryWorkers' CompensationStipulationEstoppelAppealJudgment ReversalCPLRAppellate ProcedureThird-Party ActionLien
References
6
Case No. ADJ7412016
Regular
May 10, 2011

DORIS CORTES vs. BANK OF THE WEST, ESIS

This case involves an applicant who sustained bilateral wrist and elbow injuries but experienced no lost time from work. The applicant stipulated to zero permanent disability, though the WCJ ordered an Almaraz/Guzman assessment, which the defendant sought to rescind. The Appeals Board granted the petition for removal, rescinded the WCJ's order, and will approve the stipulations unless the applicant objects within twenty days. The Board found the stipulations adequate based on the record and the applicant's continued employment.

WCABPetition for RemovalAlmaraz/Guzman assessmentStipulations with Request for Awardpermanent disability ratingobjective findings of impairmentqualified medical evaluator (QME)American Medical Association Guidesmandatory settlement conference (MSC)rescinded order
References
2
Case No. MISSING
Regular Panel Decision
Aug 10, 2004

Claim of Mickens v. New York City Transit Authority

The claimant suffered a work-related injury in 1993 and subsequently filed a claim for workers' compensation benefits. A stipulation agreement between the claimant and employer, which adjusted weekly awards and set future payments, was approved by a Workers’ Compensation Law Judge. The claimant appealed this decision to the Workers’ Compensation Board, asserting the stipulation's invalidity, inadequate legal representation, and excessive counsel fees. The Board upheld the WCLJ's decision and denied the claimant's request for reconsideration. The appellate court affirmed the Board's decisions, finding the stipulation binding and the counsel fee award within the Board's discretion, and no abuse of discretion in denying reconsideration.

Stipulation AgreementCounsel FeesBoard ReviewAppellate ReviewPsychological ImpairmentsWork-related InjuryDecision AffirmedDiscretionary PowersLegal RepresentationBenefit Adjustment
References
6
Case No. ADJ11612609, ADJ12184014, ADJ10616694
Regular
Sep 26, 2025

VERONICA RINCON vs. THE PERMANENTE MEDICAL GROUP, INC.; ATHENS ADMINISTRATORS

Applicant Veronica Rincon filed a Petition for Reconsideration challenging an Order approving a Stipulation between The Permanente Medical Group, Inc. and the Employment Development Department (EDD) to settle EDD's lien interests for temporary disability benefits. The Workers' Compensation Appeals Board determined that the applicant was not a party to the Stipulation and therefore not directly aggrieved by it. The Board noted that the stipulation between defendant and EDD was proper for reimbursement purposes, ensuring the applicant does not receive double payments. The Petition for Reconsideration was dismissed.

Workers' Compensation Appeals BoardPetition for ReconsiderationStipulationEmployment Development DepartmentTemporary DisabilityEDD LienLabor Code Section 5909Electronic Adjudication Management SystemWCJFindings and Award
References
2
Case No. ADJ2608124
Regular
Dec 19, 2011

GUO YING XIE vs. EDWARD INTERNATIONAL INC., EMPLOYERS COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board denied a lien claimant's petition for reconsideration of a stipulation settling their lien for interpreting services at $\$ 85.00$. The lien claimant argued their representative lacked authority and new evidence existed, but provided no proof. The Board found no good cause to set aside the stipulation, noting that a poor outcome is insufficient reason and the dispute over representative authority is an internal matter. The Board affirmed the WCJ's order approving the stipulation, deeming the petition frivolous.

Stipulation and OrderLien ClaimantReconsiderationGood CauseHearing Representative AuthorityNew EvidenceLabor Code Section 5702Appeals Board Rule 10496Weatherall CaseStipulation Set Aside
References
4
Case No. MON 271718, MON 271720, MON 271721
Regular
Oct 04, 2007

ANDRES FORBES vs. CITY OF LOS ANGELES

A lien claimant, Dr. Friedman, sought reconsideration of stipulated workers' compensation awards, arguing a denial of due process when the applicant settled a psychiatric injury claim without his prior notice or opportunity to object. The Board affirmed the stipulated awards, ruling that while Dr. Friedman, as a lien claimant, is entitled to due process, the applicant's stipulations did not dismiss the underlying cases. Consequently, Dr. Friedman can still pursue his lien claim by proving a compensable psychiatric injury, as he now qualifies as a party for that issue.

Workers' Compensation Appeals BoardLien claimantDue processStipulated awardsDismissal with prejudiceCompensable industrial injuryPsychiatric treatmentMandatory settlement conferenceBurden of proofLabor Code section 3208.3
References
8
Case No. ADJ1744141
Regular
Nov 10, 2010

YANTI SHARIFF vs. RITE AID CORPORATION, TRAVELERS INDEMNITY COMPANY OF ILLINOIS

The defendant, Rite Aid Corporation, sought reconsideration of a Stipulation and Order requiring them to pay two lien claimants, Sanjiv Jain, M.D. and Advanced Radiology. Rite Aid argued these stipulations were entered into in error, claiming Dr. Jain's lien was previously dismissed and Advanced Radiology's lien was settled. The Workers' Compensation Appeals Board (WCAB) dismissed the petition for reconsideration because it was unverified. However, the WCAB noted Rite Aid can still file a Declaration of Readiness for a hearing to address good cause for setting aside the stipulations.

Petition for ReconsiderationDismissing PetitionStipulation and OrderLien ClaimantUnverified PleadingVacate Lien OrdersAdministrative Law JudgeLien DismissedLien SettledDeclaration of Readiness
References
1
Case No. ADJ3213659
Regular
Mar 08, 2018

HORTENCIA BRAVO vs. MATRIX PERSONNEL, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration of a stipulation settling a lien claim. The defendant argued the stipulation should be set aside due to evidence suggesting the lien claimant was dissolved and the tax identification number belonged to a different entity, Pinnacle Lien Services. However, the WCAB found the petition premature as no evidentiary hearing was held to determine "good cause" for setting aside the stipulation. The case was returned to the WCJ to treat the petition as one to set aside and hold a hearing allowing all parties to present evidence.

Petition for ReconsiderationStipulation and OrderLien ClaimantWCJLabor Code Section 4903.8Tax Identification NumberDissolutionAssignmentDeclaration of Readiness to ProceedGood Cause
References
18
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