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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. ADJ574848
Regular
May 14, 2012

, DAVID FITZGERALD vs. , STATE OF CALIFORNIA EMPLOYMENT DEVELOPMENT DEPARTMENT

This case concerns a dispute over attorney's fees awarded from a life pension. The defendant sought reconsideration of a supplemental award granting applicant's attorney an additional 15% of the life pension's present value. The Appeals Board granted reconsideration, finding the original award in December 2010 already included a specific attorney's fee for the life pension. Since applicant's counsel did not seek reconsideration of that initial award, they waived their right to a further fee. Therefore, the Board rescinded the supplemental award and ruled the attorney was not entitled to additional fees.

Workers' Compensation Appeals BoardSupplemental Findings and AwardAttorney FeeLife PensionPresent ValuePetition for ReconsiderationAmended Findings and AwardIndustrial InjuryCumulative PeriodPermanent Disability
References
Case No. ADJ4522362
Regular
Sep 26, 2008

CELESTE LILJEBLAD-THOMAS vs. BARONE'S RESTAURANT, STATE COMPENSATION INSURANCE FUND

The WCAB reversed the Supplemental Findings and Award granting reconsideration to the defendant, State Compensation Insurance Fund. The WCJ lacked jurisdiction to award temporary disability more than five years after the injury date.

WORKERS' COMPENSATION APPEALS BOARDCeleste Liljeblad-ThomasBarone's RestaurantState Compensation Insurance FundSupplemental Findings and Awardtemporary disability indemnityactual earnings25% penaltiesfurther medical treatmentreimbursement for mileage
References
Case No. GRO 0027359 GRO 0031626
Regular
May 14, 2008

TERESA FOSTER-KENNEDY vs. SANSUM SANTA BARBARA MEDICAL FOUNDATION, ARROWOOD INDEMNITY COMPANY, DYNAMIC CLAIM SERVICE

The Appeals Board granted reconsideration, affirming only the initial penalty and attorney's fee for the unreasonable delay in authorizing follow-up care with Dr. Billy. However, the Board reversed all other penalties and attorney's fees related to the payment of prior attorney's fees, finding those issues either rescinded, not properly presented, or mooted by settlement agreements. The employer is now liable for the initial penalty and associated attorney's fee regarding Dr. Billy, but not for any subsequent penalties or fees concerning attorney fee disputes.

Labor Code section 5814Labor Code section 5814.5unreasonable delayfollow-up careattorney's feespenalty petitionreconsiderationawardFindings of FactReport and Recommendation
References
Case No. ADJ1372133 (VNO 0488219)
Regular
Jul 19, 2011

CHARLES ROMANO vs. RALPHS GROCERY COMPANY, Permissibly Self-Insured

This case involves applicant Charles Romano's reconsideration of a Supplemental Findings and Award regarding medical treatment penalties against Ralphs Grocery Company. The applicant sought penalties for delays in providing a wheelchair and reimbursing out-of-pocket expenses, including a van. However, the WCJ rescinded the Supplemental Award and scheduled further proceedings, rendering the petitions for reconsideration moot. Consequently, the Workers' Compensation Appeals Board dismissed both the applicant's and defendant's petitions for reconsideration.

Workers Compensation Appeals BoardSupplemental Findings and AwardMedical Treatment PenaltiesL.C. §§ 58145814.5wheelchairout-of-pocket medical expenseswheelchair accessible vanOrder Rescinding Supplemental Findings and AwardPetition for Reconsideration
References
Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ247666 (AHM 0049425) ADJ2739663 (AHM 0049426)
Regular
Jul 11, 2017

STEVE CHEGWIN vs. SBC/PACIFIC BELL TELEPHONE; Permissibly Self-Insured, Administered By SEDGWICK CLAIMS SERVICES, INC.

The Workers' Compensation Appeals Board (WCAB) denied the defendant's Petition for Reconsideration. Although the WCJ initially recommended dismissal as untimely, the WCAB found the petition timely because the amended award, correcting a date for permanent disability indemnity, constituted a material change extending the reconsideration period. Despite finding the petition timely, the WCAB adopted the WCJ's reasoning for denying reconsideration on the merits. The WCAB found that the amendment regarding the start date of permanent disability indemnity was a substantial change, and the issue was sufficiently interwoven with the overall award to extend the reconsideration deadline.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeJoint Findings and AwardAmended Joint Findings and AwardPermanent Disability IndemnityClerical ErrorMaterial ChangeJudicial FunctionInterwoven Award
References
Case No. ADJ352088 (MON 0360366)
Regular
Apr 12, 2011

NANCY MONTOYA vs. AUGUST CONSTRUCTION, INC., SEABRIGHT INSURANCE

This case concerns a clerical error in a workers' compensation award where the weekly temporary disability indemnity rate was inconsistently stated. The applicant, Nancy Montoya, incurred an industrial injury while employed by August Construction, Inc. The defendant petitioned for reconsideration to correct the typographical error in the Findings and Award, specifically regarding the stipulated temporary disability indemnity rate. The Workers' Compensation Appeals Board granted reconsideration, amended the award to reflect the agreed-upon rate of $833.33 per week, and returned the case for further proceedings.

Workers' Compensation Appeals BoardAugust ConstructionSeabright InsuranceFindings and AwardPetition for ReconsiderationTypographical ErrorTemporary Disability Indemnity RatePermanent Disability Indemnity RateStipulationReport and Recommendation
References
Case No. ADJ2500161 (BAK 0135729) ADJ3225816 (BAK 0135708) ADJ2766892 (BAK 0147317)
Regular
Mar 03, 2014

HECTOR GOMEZ vs. WATER WAYS IRRIGATION, GOLDEN EAGLE INSURANCE COMPANY

The Board granted reconsideration and rescinded the PWCJ's December 9, 2013 award. The PWCJ conceded errors in rating permanent disability for separate injuries and improperly amending a prior finding. The case is returned to the trial level for proper notice, further proceedings on all three injury claims, and a new decision. The PWCJ also needs to address the correct indemnity rate for the vocational rehabilitation hernia injury.

Workers' Compensation Appeals BoardPermanent Partial DisabilityVocational Rehabilitation InjuryApportionmentIndemnity RateFindings of FactOrder Amending Finding of FactRescindedReturned to Trial LevelIndustrial Injury
References
Case No. ADJ2186466
Regular
Jun 26, 2017

AMADO URIAS vs. VALLEY COUNTY WATER DISTRICT

This case involves Amado Urias's petition for reconsideration of a Supplemental Findings and Award that determined his permanent disability at 54% after apportionment. Urias argued that his vocational expert's opinion on diminished earning capacity should have been prioritized over the medical opinions regarding his physical and psychiatric limitations. The Workers' Compensation Appeals Board denied the petition, affirming the administrative law judge's decision. The Board found that the issue of psychiatric apportionment was previously adjudicated and that the vocational expert's opinion was not substantial evidence due to its reliance on subjective complaints over objective medical findings.

Workers' Compensation Appeals BoardSupplemental Findings and AwardPermanent DisabilityApportionmentVocational ExpertDr. Albert SimpkinsDr. StewartDr. WixenDr. AhmedCumulative Injury
References
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