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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. ADJ7627051
Regular
Apr 26, 2012

ALEJANDRA AMBRIZ vs. ACCENT CARE, INC.; AIG INSURANCE administered by SEDGWICK

The Workers' Compensation Appeals Board granted reconsideration of a prior award approving stipulations for an applicant's industrial injury. The defendant sought reconsideration due to a mutual mistake in calculating permanent disability. Subsequently, the parties agreed to amend the original stipulations and the defendant withdrew its petition. The Board rescinded the original award and returned the matter to the trial judge to consider the amended stipulations.

WCABPetition for ReconsiderationStipulations with Request for AwardPermanent DisabilityMutual Mistake of FactStipulation Amending Stipulated AwardRescind AwardReturned to Trial LevelWCJ DecisionAdjudication
References
Case No. ADJ7024559
Regular
Sep 24, 2013

ANTONIA PEDRO vs. KAISER FOUNDATION HOSPITAL, SEDGWICK CLAIMS MANAGEMENT SERVICES

Defendant Kaiser Foundation Hospital sought reconsideration of an award, claiming newly discovered evidence of EDD payments to the applicant during a period of permanent disability advances. The parties subsequently reached an agreement resolving the issue of EDD reimbursement. Consequently, the Appeals Board granted reconsideration, rescinded the original award, and remanded the matter to the WCJ. The WCJ is to issue an amended award based on the parties' revised stipulations.

Workers' Compensation Appeals BoardPetition for ReconsiderationStipulations with Request for AwardAwardNewly Discovered EvidenceEDDPermanent Disability AdvancesPermanent Disability IndemnityAmended AwardReimbursement
References
Case No. ADJ8189699
Regular
Mar 27, 2013

VERONICA TREJO vs. COUNTY OF LOS ANGELES

This case involves a dispute over a workers' compensation award based on stipulations approved at a mandatory settlement conference where the applicant was not present. The defendant sought to set aside the award, alleging issues with signatures and a "mutual mistake" regarding permanent disability. The Appeals Board denied the applicant's petition for removal, upholding the judge's authority to set aside the award pending further investigation. The Board highlighted serious ethical concerns regarding potential misconduct by both parties in the filing of the stipulations. The case was remanded for a status conference to address signature validity and potential sanctions.

Petition for RemovalOrder Setting Aside AwardStipulations with Request for AwardMandatory Settlement ConferenceAgreed Medical EvaluatorPetition to Set Aside StipulationMutual MistakeFraudDue ProcessEthical Misconduct
References
Case No. ADJ9865530
Regular
Mar 20, 2015

Baldemar Gonzalez, Jr. vs. Morganite Industries, Gallagher Bassett

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration of a prior award. The petition was dismissed because it was filed untimely and was not properly verified. Although the applicant alleged fraud in obtaining the award, and the stipulations appear to lack a required signature, the Board cannot act on these grounds due to procedural deficiencies and expired timeframes. The applicant may still pursue relief under the Board's continuing jurisdiction concerning rescission, alteration, or amendment of the award within five years of the date of injury.

Petition for ReconsiderationStipulations with Request for Awardfraudmisrepresentationuntimely filingverificationLabor Code Section 5902Labor Code Section 5903continuing jurisdictionLabor Code Sections 5803-5804
References
Case No. ADJ4613165 (LAO 0778416) ADJ4149404 (LAO 0784600)
Regular
Jan 13, 2012

DENNIS SANCHEZ vs. LAR-PAR, INC./WESTSIDE DISTRIBUTORS; NATIONAL UNION FIRE INSURANCE COMPANY, c/o CHARTIS

The Workers' Compensation Appeals Board granted the defendant's Petition for Reconsideration regarding the rescission of a previously approved Stipulations With Request for Award (SRA). The Board found merit in the defendant's argument that there was no good cause to set aside the SRA, especially since benefits had already been disbursed and accepted. Consequently, the Board rescinded the WCJ's October 28, 2011 order and reinstated the original September 15, 2011 Award approving the SRA. Defendant's allegations of applicant bad faith were noted but deferred to the trial level.

Workers' Compensation Appeals BoardReconsiderationStipulations With Request for AwardRescinding OrderAwardGood CauseLabor Code Section 5813Costs and SanctionsBad FaithFalsification of Documentation
References
Case No. ADJ3190591 (SFO 0510866) ADJ9088362 ADJ9524437
Regular
Nov 21, 2014

ISAIAH KACYVENSKI vs. OAKLAND RAIDERS; ACE USA Administered by ESIS; ST. LOUIS RAMS and GREAT DIVIDE INSURANCE COMPANY Administered by BERKLEY SPECIALTY UNDERWRITING MANAGER, LLC

This case concerns a workers' compensation award against the St. Louis Rams and the Oakland Raiders for an injured professional athlete. The Rams petitioned for reconsideration, arguing they were improperly included in a joint award based on stipulations they were not a party to, violating their due process rights. The Appeals Board granted reconsideration, finding the Rams' due process claim had merit. The award was amended to be solely against the Oakland Raiders, as the Rams had elected not to proceed and their employment liability was not established.

Workers' Compensation Appeals BoardJoint AwardPetition for ReconsiderationLabor Code section 5500.5(c)Stipulations with Request for Awardcumulative injuryprofessional athletepermanent disabilitydue processexcess of WCJ's powers
References
Case No. LAO 0861806
Regular
Mar 03, 2008

MARVIN IRVIN vs. COUNTY OF LOS ANGELES, TRISTAR RISK MANAGEMENT

The Defendant sought to rescind a stipulated workers' compensation award, alleging mutual mistake of fact regarding the applicant's return-to-work date and clerical errors in the permanent disability indemnity calculation. The Workers' Compensation Appeals Board granted reconsideration, rescinded the award, and returned the matter to the trial level for further proceedings. This action was taken because the applicant's concurrence in rescission was unknown and the record was unclear regarding the alleged errors.

WCABPetition for RescissionPetition for ReconsiderationStipulations With Request for AwardCumulative Industrial InjuryPermanent Disability Indemnity (PDI)Mutual Mistake of FactClerical ErrorTimeliness of PetitionLabor Code section 4658(d)
References
Case No. ADJ10311021
Regular
Jul 13, 2018

ALVARO JUAREZ vs. J.C. DOMINGUEZ, STAR INSURANCE COMPANY ADMINISTERED BY MEADOWBROOK INSURANCE GROUP

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration because it was untimely filed. The defendant sought reconsideration based on an alleged mathematical error in the Stipulations with Request for Award, which would reduce the overall settlement value. However, the Board found that the petition was filed outside the statutory deadline. The case is now returned to the administrative law judge to consider the defendant's separate Petition to Set Aside the Award, where evidence on the alleged error can be presented.

Workers' Compensation Appeals BoardPetition for ReconsiderationAwardStipulations with Request for AwardMathematical ErrorPetition to Set Aside AwarduntimelyWCJ Report and Recommendationpermanent disabilitylaborer
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
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