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

Case No. ADJ8791268
Regular
Feb 13, 2014

KRZYSZTOF GALBAS vs. TURNER ELECTRIC, INC.; EVEREST NATIONAL INSURANCE COMPANY, Administered by AMERICAN CLAIMS MANAGEMENT

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration. The defendant argued the WCJ erred in determining the applicant's Average Weekly Earnings (AWE) and finding temporary total disability (TTD). The Board adopted the WCJ's report, which found the applicant's testimony credible regarding a 40-hour workweek at $31/hour, resulting in an AWE of $1,240 and a TTD rate of $826.67. The Board also deferred to the WCJ's credibility findings and upheld the finding of TTD based on the primary treating physician's opinion.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJGarza v. Workmen's Comp. Appeals Bd.Petition for RemovalApplicant's AWEApplicant TTDSmales v. WCABPrimary Treating PhysicianTTD
References
Case No. ADJ2887074 (SFO 0429767) ADJ3128893 (SFO 0451527)
Regular
Mar 09, 2009

RAMON MAGANA vs. STANFORD UNIVERSITY, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION By Its Servicing Facility INTERCARE INSURANCE SERVICES, For RELIANCE INSURANCE, In Liquidation

This case involves a dispute over temporary total disability (TTD) benefits for an applicant with right knee and leg injuries. The defendant, CIGA, sought reconsideration of a WCJ's award of continuing TTD, arguing the applicant's condition was permanent and stationary by a specific date and that jurisdiction for TTD had expired. The Appeals Board found the medical evidence regarding the applicant's current TTD status and the commencement/duration of such disability to be insufficient. Consequently, the Board granted reconsideration, rescinded the WCJ's decision, and returned the matter for further development of the medical record, potentially through an Agreed Medical Evaluator or court-appointed physician.

Workers' Compensation Appeals BoardCalifornia Insurance Guarantee AssociationCIGAIntercare Insurance ServicesReliance Insuranceliquidationreconsiderationtemporary total disabilityTTDpermanent and stationary
References
Case No. ADJ10612569
Regular
Mar 12, 2018

Patrick Wilder vs. The Ryan Company, Old Republic Insurance Company

This case concerns a defendant's petition for reconsideration of an award of temporary total disability (TTD) benefits to the applicant, Patrick Wilder. The Workers' Compensation Appeals Board (WCAB) denied the petition, upholding the finding that Wilder sustained an injury to his left ankle and was temporarily totally disabled. The defendant failed to prove that Wilder was terminated for cause, which would have potentially ended his TTD benefits, and the WCAB found no credible evidence to support their allegations of misconduct or availability of modified duty. The WCAB also admonished the defendant and their counsel for making unsubstantiated factual claims in their petition, warning of potential sanctions.

Workers Compensation Appeals BoardPatrick WilderThe Ryan CompanyOld Republic Insurance CompanyGallagher Bassett ServicesInc.ADJ10612569Bakersfield District OfficePetition for ReconsiderationFindings Orders and Award
References
Case No. ADJ6613587
Regular
Dec 21, 2012

FAITH MINTON vs. PLANET PRODUCTIONS CORPORATION, CONTINENTAL CASUALTY COMPANY, CNA CLAIM PLUS

This case involves a petition for reconsideration that was dismissed by the Workers' Compensation Appeals Board. The dismissal was based on the reasoning that no final order had been issued regarding temporary total disability (TTD), as that issue was deferred and remained off-calendar. The Board adopted the administrative law judge's report and recommendation, finding that the petition was premature because it sought reconsideration of an undecided issue. Defense counsel also received a cautionary note for citing an unpublished case.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationReport and Recommendationworkers' compensation administrative law judgeWCJfinal orderTTDtemporary total disabilitystipulationsFindings and Award
References
Case No. VNO 0447086
Regular
Oct 15, 2007

DIANE WILLIAMS vs. LOCKHEED MARTIN, ESIS

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the administrative law judge's finding that the applicant was not entitled to temporary total disability (TTD) benefits between February 12, 2004, and November 24, 2004. The judge based this decision on persuasive medical evidence from the defendant's Qualified Medical Examiner, which contradicted the applicant's assertions and treating physician's reports. New documents submitted with the petition were disregarded as improper.

WCABPetition for ReconsiderationTemporary Total DisabilityTTDPermanent and StationaryP&SQualified Medical ExaminerQMETreating PhysicianIndustrial Injury
References
Case No. ADJ10078880; ADJ10078881; ADJ10078882; ADJ10078883; ADJ10078884
Regular
Apr 01, 2018

LISA FESE vs. CALIFORNIA CORRECTIONAL INSTITUTION, SCIF INSURED FRESNO

The Appeals Board denied the Defendant's Petition for Removal, adopting the WCJ's reasoning that removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm. The defendant argued that the trial order violated due process by preventing discovery, specifically a PQME report. However, the Board found no sufficient showing of harm or that reconsideration would be inadequate, especially considering issues with the defendant's service of discovery objections. The case proceeded to trial on issues of injury AOE/COE and TTD, despite the defendant's contentions.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ ReportSubstantial PrejudiceIrreparable HarmReconsiderationAOE/COETTDMPN DoctorPanel QME
References
Case No. ADJ8807582, ADJ8554344, ADJ9162648
Regular
Jun 16, 2015

CHRIS ALVAREZ vs. WESTERN EXTERMINATOR COMPANY, XL SPECIALTY INSURANCE

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration. The Board will strike a finding from the Minutes of Hearing stating that all temporary total disability (TTD) benefits were resolved. This finding conflicts with the Stipulation and Award, which did not address TTD benefits. The case is returned to the WCJ for further proceedings and a decision on the disputed TTD benefits.

Workers' Compensation Appeals BoardPetition for ReconsiderationMinutes of HearingStipulation and AwardTemporary Total Disability (TTD)Code of Civil Procedure section 473Report and RecommendationPetition for RemovalDeclaration of ReadinessEmployment Development Department lien
References
Case No. SFO 0488825
Regular
Dec 14, 2007

MARK HURLEY vs. STEELCASE, INC. (METRO FURNITURE), LIBERTY MUTUAL INSURANCE COMPANY

This case involves a workers' compensation applicant injured in 2000 who claimed temporary total disability (TTD) beginning in 2005. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, overturning the WCJ's denial of TTD from December 5, 2005, through the present. The WCAB found that the agreed medical evaluator's opinion supported the applicant's claim that the industrial injury caused TTD from that date forward.

Workers Compensation Appeals BoardSteelcase Inc.Liberty Mutual Insurance CompanyMark HurleySFO 0488825Opinion and Order Granting ReconsiderationDecision After ReconsiderationFindings and AwardAdministrative Law Judge (WCJ)Industrial Injury
References
Case No. ADJ3673740 (AHM 0099599) ADJ373537 (AHM 0103485)
Regular
Mar 19, 2009

YOLANDA RAMIREZ vs. ON LINE POWER, INC., CLARENDON NATIONAL INSURANCE, Administered By AMERICAN ALL RISK LOSS FRESNO

The Workers' Compensation Appeals Board granted reconsideration, overturning a prior award of temporary total disability (TTD) after the applicant's permanent and stationary date of March 3, 2005. While acknowledging that a defendant could be estopped from terminating TTD, the Board found the evidence here rebutted the presumption of continuing disability. The Board affirmed the employer's right to credit for permanent disability advances and reserved jurisdiction for EDD reimbursement issues. Attorney fees were adjusted to reflect the modified TTD award.

Workers' Compensation Appeals BoardPetition for ReconsiderationPermanent and Stationary (P&S) DateTemporary Total Disability (TTD)Agreed Medical Examiner (AME)Joint Findings Award and OrdersCredit for AdvancesEmployment Development Department (EDD)Notice of TerminationLaches
References
Case No. ADJ7319186 (MF) ADJ7320878
Regular
Oct 26, 2018

WENDY BOYD vs. CASTAIC UNION SCHOOL DISTRICT

This case concerns a dispute over temporary total disability (TTD) benefits for Wendy Boyd against the Castaic Union School District. The Workers' Compensation Appeals Board (WCAB) granted both parties' petitions for reconsideration. The WCAB rescinded previous findings and remanded the matter to the trial level to further develop the record regarding TTD benefits. Specifically, the WCAB requires evidence addressing whether the employer recouped TTD payments from the applicant's sick leave/vacation time, as this issue was inadequately addressed by the trial judge.

WCABPetition for ReconsiderationSupplemental Joint FindingsTemporary Total Disability (TTD)Labor Code section 4656Agreed Medical Evaluator (AME)Continuous TraumaAOE/COERecoupmentSick Leave
References
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