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

Case No. ADJ17547374
Regular
Oct 16, 2025

WARREN P. HARVEY vs. SOCAL MACHINE, INC., TRUCK INSURANCE EXCHANGE, FARMERS INSURANCE

The Workers' Compensation Appeals Board considered applicant Warren P. Harvey's petition for reconsideration regarding the equitable hourly reimbursement rates for in-home health care provided by his spouse, asserting errors in the WCJ's rate calculation and attorneys' fees. After an unsuccessful settlement conference, the parties filed Stipulations With Request for Award, agreeing to permanent total disability and further medical treatment for the applicant, though these stipulations did not resolve the reconsideration issues. The Board approved these stipulations, finding them adequate and in the applicant's best interest, and issued an award based upon them, which included specific disability indemnity, medical treatment, and attorney's fees. The Board also commended the parties for resolving some important issues and urged them to continue efforts on the remaining disputes.

Equitable hourly reimbursement ratesIn-home health careCaregiver dutiesNursing dutiesCommunity HHC providerPetition for reconsiderationStipulations With Request for AwardPermanent total disabilityTemporary disability indemnityAttorneys' fee
References
0
Case No. ADJ4141215 (MON 0288595) ADJ4160601 (MON 0288596) ADJ2249717 (MON 0300098)
Regular
Dec 27, 2011

DOREEN LABOY vs. STATE OF CALIFORNIA, DEPARTMENT OF MENTAL HEALTH, Legally Uninsured; STATE COMPENSATION INSURANCE FUND / STATE CONTRACT SERVICES, Adjusting Agency

The Workers' Compensation Appeals Board (WCAB) denied the defendant's Petition for Reconsideration, finding their argument regarding AMA Guidelines irrelevant due to a prior stipulation to the 1997 Rating Schedule. The WCAB granted removal to issue notices of intention to impose sanctions and award attorney's fees/costs against the defendant and their counsel. This action is based on the defendant's frivolous and bad-faith tactics in raising an issue for the first time on reconsideration that was not previously litigated or argued. The defendant's petition is deemed without merit and solely intended to cause unnecessary delay.

LABOYDOREENSTATE OF CALIFORNIADEPARTMENT OF MENTAL HEALTHSTATE COMPENSATION INSURANCE FUNDJOINT FINDINGS AND AWARDPETITION FOR RECONSIDERATIONREMOVALNOTICES OF INTENTIONORDER TO PAY EXPENSES
References
6
Case No. MISSING
Regular Panel Decision
Aug 19, 1993

Claim of Dukes v. Capitol Formation, Inc.

A claimant was injured in an automobile accident in 1971 while on a business trip, resulting in a compensable injury. Over the next two decades, numerous hearings were held regarding medical bill payments and related compensation issues. The parties eventually entered into a stipulated settlement, which included a $75,000 lump-sum payment under Workers’ Compensation Law § 15 (5-b). The Workers’ Compensation Law Judge denied the claimant’s request to set aside this stipulation, a decision affirmed by the Workers’ Compensation Board. The claimant's subsequent application for reconsideration was also denied by the Board. The appeals court dismissed the appeal of the Board’s June 7, 1993 decision as untimely, and affirmed the Board’s August 19, 1993 decision, finding no abuse of discretion in denying the application for reconsideration.

Workers' CompensationStipulated SettlementLump-Sum SettlementReconsiderationUntimely AppealAbuse of DiscretionFraudCollusionMistakeTotal Disability
References
7
Case No. ADJ9054986
Regular
Nov 04, 2015

CARLOS GARCIA vs. KEY ENERGY SERVICES, INC., GALLAGHER BASSETT SERVICES, INC.

This case involves a remand from the Fifth District Court of Appeal to the Workers' Compensation Appeals Board (WCAB). The WCAB is reconsidering a prior award and amending it to defer issues of earnings rate, temporary disability indemnity rate, and total temporary disability indemnity. These deferred issues will be determined by the workers' compensation judge (WCJ) based on the parties' proposed stipulations. The matter is returned to the WCJ to approve the stipulations and issue a new award accordingly.

Workers' Compensation Appeals BoardFifth District Court of AppealRemandStipulationFindings and AwardEarnings RateTemporary Disability IndemnityRescindReconsiderationWorkers' Compensation Judge
References
0
Case No. ADJ4554500 (SJO 0241850) ADJ3355536 (SJO 0226601) ADJ2828611 (SJO 0239906) ADJ7401506
Regular
Sep 23, 2016

IRIS OLGUIN vs. MILPITAS UNIFIED SCHOOL DISTRICT, ACE AMERICAN INSURANCE COMPANY, KEENAN AND ASSOCIATES

The Workers' Compensation Appeals Board denied a Petition for Reconsideration filed by applicant Iris Olguin. The Board adopted the Workers' Compensation Judge's report, which found no good cause to reform stipulated agreements resolving permanent disability and other issues. Applicant's attorney's attempt to belatedly defer penalty issues was rejected due to violations of procedural rules and Labor Code provisions, specifically Labor Code Section 5814(c), which creates a conclusive presumption that penalty issues are resolved in approved stipulations. The Board admonished counsel for attaching impermissible documents to the petition.

Petition for ReconsiderationWorkers' Compensation Appeals BoardStipulations with Request for AwardLabor Code Section 5814(c)Penalty PetitionsPetition for Relief from DefaultConclusive PresumptionDeferred IssuesFinal AwardWCJ Report
References
1
Case No. ADJ3776569 (LAO 0771449), ADJ3927273 (LAO 0771450)
Regular
May 14, 2025

MARIA MARTINEZ vs. BOSS FASHIONS INC.; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

Lien claimant The Dental Trauma Center (DTC) sought reconsideration of an Amended Joint Findings and Order issued by a workers' compensation administrative law judge. The Workers' Compensation Appeals Board granted reconsideration to review the legal and factual issues. Subsequently, the parties resolved DTC's lien through a stipulation during a commissioners' settlement conference. The Board approved this stipulation and, as a result, rescinded the earlier Amended Joint Findings and Order.

Workers' Compensation Appeals BoardCalifornia Insurance Guarantee AssociationLiquidationReconsiderationLien ClaimantStipulationApprovedRescindedAmended Joint Findings and OrderCommissioner's Settlement Conference
References
0
Case No. ADJ6422131
Regular
Oct 09, 2019

Teresa Hernandez vs. Fresno Unified School District

This case involved an applicant claiming industrial injury to multiple body parts, including the psyche, from her employment. The defendant sought reconsideration of the initial award, disputing the psychiatric injury finding and the reliance on a specific medical opinion. Ultimately, the parties entered into stipulations resolving all issues, which the Workers' Compensation Appeals Board found adequate and approved. The Board rescinded the original award and issued a new award based on the approved stipulations.

Workers' Compensation Appeals BoardReconsiderationStipulations With Request for AwardPermanent Partial DisabilityTemporary DisabilityFurther Medical TreatmentPsychiatric InjurySubstantial EvidenceCreditAttorneys' Fee
References
1
Case No. ADJ7431469; ADJ7912547
Regular
Jun 03, 2014

RYAN CASSEL vs. PERFORMANCE CONTRACTING INC., AMERICAN CASUALTY COMPANY

Defendant Performance Contracting Inc. filed a Petition for Reconsideration regarding clerical errors in temporary disability indemnity awards. Although a stipulation seemingly resolving the issues was filed after the petition, the Workers' Compensation Judge lost jurisdiction once reconsideration was sought. The Appeals Board granted reconsideration to allow the parties to clarify the status of the stipulation. The Board will hold the cases for thirty days; if the defendant does not withdraw the petition, a decision will issue.

Petition for ReconsiderationTemporary Disability IndemnityClerical ErrorStipulationEAMSWCJ AuthorityDecision After ReconsiderationOffice of the CommissionersElectronic Adjudication Management System
References
0
Case No. ADJ749878 (ANA 0384761)
Regular
Dec 15, 2010

ENRIQUE GUTIERREZ vs. FRANCISCO ORDONEZ, UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Uninsured Employers Benefits Trust Fund (UEBTF) sought reconsideration of an award based on stipulated facts concerning an industrial injury to applicant. The Board granted reconsideration because there was no proof that the alleged uninsured employer was properly served with notice of the stipulations and the WCJ's intention to issue an award. The employer was not afforded the statutorily required time to object before the award was issued. Consequently, the Board rescinded the award and returned the case for further proceedings, emphasizing proper service and objection periods.

Uninsured Employers Benefits Trust FundPetition for ReconsiderationStipulations With Request For AwardLabor Code section 3715(e)Notice of Intention to Approve StipulationsProof of ServiceAlleged Uninsured EmployerRescind AwardDeclaration of Readiness to ProceedMandatory Settlement Conference
References
0
Case No. ADJ10524342
Regular
May 18, 2017

ADAM HREHOR vs. CALIFORNIA HIGHWAY PATROL, GALLAGHER BASSETT

This case concerns a defendant's petition for reconsideration regarding a workers' compensation judge's finding of no apportionment for applicant's stipulated hypertension injury. The defendant argued the record needed further development for apportionment and that the WCJ erred in trial procedure. The Appeals Board granted reconsideration, rescinded the WCJ's decision, and returned the matter to the trial level. This action was taken because the WCJ failed to incorporate stipulations into findings, issue an award, or follow proper procedures for undecided settlement issues.

ApportionmentHypertensionCalifornia Highway PatrolPolicy and Procedural ManualFindings of FactPetition for ReconsiderationPermanent DisabilityStipulationsAwardLabor Code Section 5313
References
3
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