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

Case No. VNO 507066
Regular
Mar 03, 2008

SHEILA DAVIS vs. CENTINELA STATE PRISON, STATE COMPENSATION INSURANCE FUND

This case concerns whether industrial disability leave (IDL) payments count towards the two-year limitation on temporary disability (TD) benefits under Labor Code section 4656(c)(1). The applicant argues that IDL benefits are separate from TD and thus not subject to this limitation. The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior decision, pending a Court of Appeal ruling on the identical issue.

Industrial Disability LeaveTemporary Total DisabilityLabor Code section 4656Petition for ReconsiderationFindings of FactIDL benefitsTD benefitsmutually exclusiveGovernment Code section 19871salary continuation benefits
References
Case No. STK 0193177 STK 0193178
Regular
Feb 29, 2008

LESLIE CHOW vs. CENTRO MART, INC., SPRINGFIELD INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration of the original May 1, 2007 decision as untimely. The Board denied reconsideration of the December 6, 2007 amended decision, finding that the changes made were clerical corrections to TD and PD rates, not substantial judicial modifications. Therefore, the defendant's arguments regarding the timeliness and merits of the amended decision were rejected.

WCABPetition for ReconsiderationFindings of FactAwardOrderWorkers' Compensation Judge (WCJ)Average Weekly WagePermanent Disability (PD)ApportionmentTemporary Disability (TD)
References
Case No. ADJ473373 (ANA 0406381)
Regular
Feb 10, 2012

FERNANDO GUTIERREZ vs. SOCAL FRAMING aka BMHC; ACE AMERICAN INSURANCE, administered by ESIS, INC.

This case concerns applicant's claim for extended temporary disability (TD) benefits beyond 104 weeks due to a left eye injury. The Appeals Board affirmed the WCJ's denial of the "amputation" exception, ruling that the surgical removal of an eye does not fit the statutory definition. However, the Board remanded the case for further development of the record on the "high-velocity eye injury" exception, as the velocity and force of the object that struck the applicant's eye were unclear. The applicant's Petition for Removal was dismissed as reconsideration was the appropriate remedy.

Workers' Compensation Appeals BoardFernando GutierrezSoCal FramingBMHCACE American InsuranceESISInc.ADJ473373ANA 0406381Opinion and Decision
References
Case No. ADJ4700532
Regular
Nov 23, 2009

RICHARD DENNY vs. PINKERTON; ACE

Reconsideration granted; WCJ decision affirmed except for rescission of paragraphs (a) and (b) of the Award in favor of Boxer Law Firm and amendments to Findings 6, 7, 10, 11 and paragraphs (a) and (b) of the Award in favor of applicant.

Workers' Compensation Appeals BoardRichard DennyPinkertonACEFindings and AwardVocational Rehabilitation Maintenance AllowanceVRMATemporary DisabilityTDLabor Code section 5814
References
Case No. ADJ347040
En Banc
Aug 17, 2009

Lawrence Weiner vs. Ralphs Company, Sedgwick Claims Management Services, Inc.

The Appeals Board denied the applicant's petition for reconsideration, affirming its prior en banc decision that the legislative repeal of Labor Code section 139.5 extinguished any non-vested rights to retroactive vocational rehabilitation maintenance allowance (VRMA) benefits.

Workers' Compensation Appeals BoardVocational Rehabilitation Maintenance AllowanceVRMATemporary Disability IndemnityTDLabor Code section 139.5Qualified Injured WorkerQIWVested RightsInchoate Rights
References
Case No. ADJ8128282
Regular
Jan 23, 2014

ANGELA EGBIKUADJE vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, returning the case for further proceedings. The defendant, California Department of Corrections and Rehabilitation, argued that the applicant's psychiatric injury claim was preempted by the ADA and not proven under Labor Code section 3208.3. The Board found the original decision lacked proper analysis regarding predominant industrial causation and the good faith personnel action defense. Therefore, the case was remanded for further development of the record, including expert medical opinion on these issues.

Workers' Compensation Appeals BoardAngela EgbikuadjeCalifornia Department of Corrections and RehabilitationLegally UninsuredState Compensation Insurance FundADJ8128282Van Nuys District OfficeReconsiderationFindings and AwardIndustrial cumulative trauma injury
References
Case No. ADJ7238916
Regular
Jul 01, 2013

DESIREE SOLIS vs. ADP TOTALSOURCE FL XXIX, INC., LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The Board adopted the WCJ's report, which recommended denial based on the defendant's unreasonable delay in paying permanent disability benefits. The parties stipulated that no permanent disability had been paid despite a qualified medical examiner's opinion rating the disability. The WCJ's report also addressed and cured any technical defects in the original decision.

WCABPetition for ReconsiderationLabor Code section 5313Smales v. Workers' Comp. Appeals Bd.ADJ7238916Alvin R. Webberunreasonable delaypermanent disabilityL.C. section 5814penalty
References
Case No. ADJ7562564 ADJ7962683
Regular
Nov 04, 2014

RICHARD ORR vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS, PELICAN BAY STATE PRISON, Legally Uninsured, Adjusted By STATE COMPENSATION INSURANCE FUND

This case involves a workers' compensation appeal where the employer sought reconsideration of a prior award. The primary issues were a clerical error in the temporary disability (TD) indemnity rate and the duration of TD benefits. The Board granted reconsideration to correct the TD rate to $601.67 and amended the TD period from August 12, 2011, to August 12, 2013, applying the 104-week limit under Labor Code section 4656(c)(2). The Board affirmed the finding that the injury was to the applicant's psyche.

Pelican Bay State Prisoncorrectional cook supervisorindustrial injurypsychehypertensiontachycardiatemporary disability indemnityLabor Code section 4656(c)(2)104 compensable weeksclerical error
References
Case No. ADJ11930888
Regular
Nov 13, 2020

ANTHONY RAYA vs. RAINA RESOURCES INC dba HUMBOLDT HUMAN RESOURCES, UNITED WISCONSIN INSURANCE COMPANY

Here's a summary of the case for a lawyer: The Appeals Board granted reconsideration to modify an award of temporary disability (TD) benefits. While upholding the applicant's entitlement to TD from May 30, 2020, to July 12, 2020, the Board deferred the issue of ongoing benefits after that date. This deferral was due to insufficient medical evidence to support TD beyond July 12, 2020, despite the treating physician's opinion that the applicant was not yet permanent and stationary. The Board emphasized the need for further development of the medical record regarding future TD entitlement.

WCABAOE/COETemporary Disability IndemnityPermanent and StationaryQualified Medical ExaminerPrimary Treating PhysicianFunctional Restoration ProgramOdd Lot DoctrineSubstantial EvidenceSupplemental Report
References
Case No. ADJ3722656 (BAK 0145213)
Regular
Jul 24, 2014

WILLIAM CASTO vs. GENE WATSON CONSTRUCTION, COMMERCE & INDUSTRY INSURANCE COMPANY BY CHARTIS

This case concerns an applicant suffering severe burns who sought further temporary disability (TD) indemnity after the initial award expired. The Appeals Board overturned the WCJ's 104-week TD cap, finding the 240-week cap for severe burns applicable, extending TD entitlement to August 6, 2007. The Board also adopted the WCJ's calculation of the third-party credit but clarified its application based on the established total civil damages and defendant's comparative negligence. Consequently, the award was amended to reflect the extended TD period and the 240-week statutory cap.

Workers' Compensation Appeals BoardPetition for ReconsiderationTemporary Disability IndemnityPermanent and StationaryLabor Code Section 4656104-week cap240-week capSevere BurnsSubstantial EvidenceMedical Opinion
References
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