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

Case No. ADJ7693391
Regular
Jun 13, 2013

ANA RODRIGUEZ vs. AMERICAN APPAREL, ATHENS ADMINISTRATORS

The Workers' Compensation Appeals Board denied a petition for reconsideration, upholding the dismissal of a lien for failure to pay the activation fee. The Board found the petitioner's representative's arguments, including claims of "technical difficulties," to be unsubstantiated and a misrepresentation. The Board also admonished the defendant for submitting unnecessary documents. Finally, the Board reiterated its lack of jurisdiction to rule on the constitutionality of statutory requirements.

Workers' Compensation Appeals BoardPetition for ReconsiderationHearing RepresentativeSanctionsLien Activation FeeEAMSConstitutionality of StatuteAdministrative AgenciesCourt of AppealsCalifornia Supreme Court
References
Case No. ADJ11008028
Regular
Feb 15, 2019

LAVERN JAMES vs. GOOD EARTH NATURAL FOODS, ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Lavern James's petition for reconsideration of a prior decision. The Board adopted the administrative law judge's report, with a minor clarification. Specifically, the Board noted that while the applicant experiences difficulty writing and bathing, their physician's testimony and the applicant's own statements did not establish a complete inability to perform these tasks due to their right arm injury. The petition for reconsideration was ultimately denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportdeposition testimonyapplicant's testimonydifficulty writingdifficulty showeringself-caringdeny reconsideration
References
Case No. ADJ1491093 (MON 0109851) ADJ686324 (MON 0281527)
Regular
Oct 11, 2010

ANGELICA GABRIELLA vs. TAD TECHNICAL SERVICE CORP., LIBERTY MUTUAL 29073 GLENDALE

This case involves an applicant seeking reconsideration from the Workers' Compensation Appeals Board (WCAB) regarding their workers' compensation claim against TAD Technical Service Corp. and Liberty Mutual. The WCAB reviewed the applicant's petition and the findings of the workers' compensation administrative law judge. Finding no grounds for reversal, the WCAB denied the petition for reconsideration. The order adopts and incorporates the judge's reasoning, upholding the original decision.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationWCJ reportADJ1491093ADJ686324DENYING RECONSIDERATIONANGELICA GABRIELLATAD TECHNICAL SERVICE CORP.LIBERTY MUTUALRONNIE G. CAPLANE
References
Case No. ADJ11556777
Regular
Oct 02, 2020

LISANDRO LEMUS vs. SGL TECHNIC, LLC, SOMPO AMERICA

In this case, the Workers' Compensation Appeals Board (WCAB) dismissed Lisandro Lemus's Petition for Removal. The WCAB found the petition to be moot and incorporated the reasoning from the workers' compensation administrative law judge's report. Consequently, the petition was dismissed without prejudice.

Petition for RemovalWCJ reportmootWorkers' Compensation Appeals BoardDismissalLisandro LemusSGL TechnicSompo AmericaADJ11556777Los Angeles District Office
References
Case No. ADJ2356422 (VNO 0547491)
Regular
Dec 17, 2009

JENNY JONSSON vs. MARCELO POLANCO, AMERICAN HOME ASSURANCE COMPANY

The WCAB granted reconsideration, rescinded the prior award, and returned the matter for further development of the medical record due to insufficient evidence supporting the prior award's findings regarding sleep difficulties and permanent disability.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardIndustrial InjuryHead/Brain InjuryLeft Lower ExtremitySleep DifficultiesPermanent DisabilityFurther Medical TreatmentMedical Treatment
References
Case No. ADJ351902 (OAK 310455) ADJ2725303 (OAK 324531)
Regular
Sep 30, 2008

PHILMORE KING vs. RANEY GEO TECHNICAL, ST. PAUL FIRE & MARINE INSURANCE COMPANY

The WCAB affirmed the WCJ's decision to apply the 1997 disability rating schedule because a treating physician's report indicated permanent disability before January 1, 2005, despite not stating the condition was permanent and stationary.

Workers' Compensation Appeals BoardPhilmore KingRaney Geo TechnicalSt. Paul Fire & Marine Insurance CompanyOpinion and Decision After ReconsiderationFindings Award & OrderWorkers' Compensation Administrative Law JudgeWCJIndustrial InjurySpine Injury
References
Case No. ADJ8784998
Regular
Apr 09, 2018

FELIPE PEREZ vs. CMAC CONSTRUCTION COMPANY, OLD REPUBLIC GENERAL INSURANCE COPORATION

Lien claimants Comprehensive Outpatient Surgery Center and Technical Surgery Support sought reconsideration after their liens were dismissed for failing to appear at a lien conference. The WCAB granted reconsideration, rescinded the dismissal orders, and returned the matter for further proceedings. This decision stems from the lien claimants' contention that they had notified the WCAB of an illness preventing their representative's appearance. The WCAB found that the dismissal orders appeared to have been issued erroneously.

Workers' Compensation Appeals BoardLien DismissalPetition for ReconsiderationOrder RescindedLien ConferenceFailure to AppearIndustrial InjuryCompromise and ReleaseWCJ ErrorTrial Level
References
Case No. ADJ8415183
Regular
Apr 27, 2015

TIM HAGER vs. COUNTY OF SANTA CLARA CENTRAL FIRE DISTRICT

The Workers' Compensation Appeals Board granted reconsideration to correct a technical rating error in the applicant's permanent disability award. The Board affirmed the original finding that the applicant, a firefighter, sustained industrial injuries to his bilateral upper extremities and heart. However, the permanent disability rating was adjusted from 71% to 70% due to the correction of a specific rating modifier. The Board also found that the orthopedic Agreed Medical Evaluator's use of grip loss to rate the applicant's upper extremity impairment was supported by substantial evidence.

WCABPetition for ReconsiderationFindings and AwardPermanent DisabilityFirefighterBilateral Upper ExtremitiesHeart HypertensionAgreed Medical Evaluator (AME)Orthopedic AMEInternal Medicine AME
References
Case No. ADJ1631052 (ANA 0405611)
Regular
Oct 29, 2019

LUISA ISABEL RODRIGUEZ vs. KELLY SERVICES

This case concerns Kelly Services' challenge to lien claims filed by Comprehensive Outpatient Surgery Center and Technical Surgery Support. Kelly Services argued that the lien claimants' declarations, signed by Patrick Christoff, were untimely and that Mr. Christoff lacked personal knowledge of the services billed. The Workers' Compensation Appeals Board affirmed the WCJ's findings, ruling that the timeliness issue was waived as it was not raised at trial. The Board found Mr. Christoff competent to sign the declarations, relying on his extensive experience reviewing medical reports and billing, and the fact that the underlying medical reports were also signed under penalty of perjury.

Labor Code section 4903.8(d)declarant competencypersonal knowledgelien claimantsKelly ServicesESISComprehensive Outpatient Surgery CenterTechnical Surgery SupportFindings of FactReconsideration
References
Case No. ADJ7210580
Regular
Feb 17, 2012

DAVID COLLINS vs. CROWLEY TECHNICAL SERVICES, ACE AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board reversed a finding of concurrent jurisdiction for an injured seaman. The seaman was employed by Crowley Technical Services, an agent of the U.S. Department of Transportation, and injured while working on the U.S.S. Curtis, a vessel owned by a U.S. agency. Because the seaman was a member of the crew of a U.S. government-owned vessel and employed by a U.S. agent, federal law dictates exclusive jurisdiction, precluding California from adjudicating the claim.

Exclusive JurisdictionAdmiralty LawSeaman StatusJones ActLHWCACrew MemberMaritime AdministrationSuits in Admiralty ActPublic Vessels ActConcurrent Jurisdiction
References
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