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Case Law Database

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. 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
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. ADJ3855987 (OAK 0344425)
Regular
Aug 22, 2012

FRANCIS CRUZ vs. UNIVERSITY ELECTRIC COMPANY, INC., AMTRUST NORTH AMERICA

The Workers' Compensation Appeals Board granted reconsideration of an order allowing an Employment Development Department lien claim. The Board rescinded the original order, finding that the parties had reached a new stipulation based on a mutual mistake regarding the application of a time-off-work cap to the lien. The case is returned to the trial level for further proceedings to approve the replacement stipulation or for the judge to re-issue the original order if the new stipulation is not approved. The Petition for Removal was dismissed as reconsideration was deemed an adequate remedy.

Workers Compensation Appeals BoardPetition for RemovalPetition for ReconsiderationOrder Allowing Lien ClaimEmployment Development DepartmentMutual Mistake of FactTTD CapCompromise and ReleaseStipulationWCJ
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. ADJ353190 (AHM 0123870)
Regular
Aug 16, 2010

RICHARD GARCIA vs. McMASTER-CARR SUPPLY COMPANY, ZURICH INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the WCJ's order awarding the applicant Vocational Rehabilitation Maintenance Allowance (VRMA). The Board found that the applicant's VRMA rights vested before the repeal of Labor Code section 139.5, thus the Board retained jurisdiction. Consequently, the defendant is liable for VRMA at the applicant's temporary total disability (TTD) rate of $640.00 per week due to their delay in providing rehabilitation services, exceeding the VRMA cap.

Vocational Rehabilitation Maintenance Allowance (VRMA)Rehabilitation UnitPetition for ReconsiderationFindings and OrderIndustrial InjuryTotal Temporary Disability (TTD) RateHofmeister v. Workers' Comp. Appeals Bd.Administrative Director's RulesWeiner v. Ralphs CompanyAppeals Board en banc
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. ADJ8075130
Regular
Apr 15, 2016

TAMI HLEBASKO vs. CAPS, INC.

In this workers' compensation case, the applicant, Tami Hlebacko, had filed a Petition for Reconsideration of a prior decision. However, the petitioner subsequently withdrew this petition. Consequently, the Workers' Compensation Appeals Board issued an order dismissing the Petition for Reconsideration.

Petition for Reconsideration withdrawnDismissedWorkers' Compensation Appeals BoardApplicantDefendantsADJ8075130San Bernardino District OfficeJanuary 272016Petitioner
References
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