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Case Law Database

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

Case No. ADJ7054442
Regular
Jan 11, 2013

JARRAD JELSMA vs. WINE GROUP, INC.; TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Board denied the defendant's petition for reconsideration of the WCJ's award of temporary disability indemnity. The defendant failed to demonstrate due diligence in producing a wage statement discovered after trial, which it claimed would lower the indemnity rate. While denying reconsideration of the retroactive award, the Board allowed the defendant to petition to reopen the award to prospectively adjust the temporary disability indemnity rate based on the disputed wage statement. The Board also denied credit to the defendant for any retroactive overpayment of temporary disability indemnity.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardAverage Weekly EarningsTemporary Disability IndemnityWage StatementDue DiligenceNewly Discovered EvidenceReopen AwardRetroactive Overpayment
References
0
Case No. ADJ7026270
Regular
Dec 13, 2010

NORRIS COOPER vs. OAKLAND UNIFIED SCHOOL DISTRICT, JT2 INTEGRATED RESOURCES

The Workers' Compensation Appeals Board denied the employer's petition for reconsideration regarding applicant Norris Cooper's temporary disability indemnity rate. The Board affirmed the WCJ's finding that Cooper was entitled to temporary disability at two-thirds of his average weekly earnings ($1,356.06), resulting in a rate of $904.04 per week. The Board found that Education Code sections 44043 and 45192 coordinate leave benefits with temporary disability to maintain full pay but do not limit the actual temporary disability rate itself. Therefore, Cooper's entitlement to temporary disability was not restricted to his base salary.

Workers Compensation Appeals BoardOakland Unified School DistrictJT2 Integrated ResourcesPetition for ReconsiderationTemporary Disability IndemnityLabor Code section 4453Education Code section 44043Classified EmployeeAverage Weekly EarningsBase Salary
References
7
Case No. ADJ6840627; ADJ8645103
Regular
Mar 17, 2025

Dora Sosa, Gerardo Sosa vs. West Coast Computer Exchanges, Inc.; Everest National Insurance Company

Applicant Dora Sosa and Gerardo Sosa sought workers' compensation for injuries sustained on January 25, 2005, to the head, neck, right shoulder, and psyche while employed by West Coast Computer Exchanges, Inc., insured by Everest National Insurance Company. The Workers' Compensation Administrative Law Judge (WCJ) issued Findings of Fact, Awards and Orders on December 19, 2024, finding various points in favor of the applicant, including 65% permanent partial disability and temporary disability indemnity. Defendant petitioned for reconsideration, arguing against the WCJ's findings regarding the disability rating, temporary disability indemnity rate, duration of temporary disability, reimbursement for chiropractic treatment, and EDD's lien. The Appeals Board granted the defendant's petition for reconsideration, deferring a final decision pending further review of the merits and the entire record, citing several issues that require more examination.

ADJ6840627ADJ8645103Petition for ReconsiderationFindings of Fact Awards and OrdersCognitive impairmentPermanent partial disabilityTemporary disability indemnityQME reportingAMA GuidesLabor Code section 4656
References
21
Case No. ADJ11816386
Regular
Nov 03, 2020

KRISTINA JONES vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, legally uninsured, administered by STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to amend a prior decision, affirming the award of temporary total disability. The amended decision clarifies that the temporary disability indemnity rate is to be adjusted by the parties based on a stipulated monthly earnings of approximately $7,855.65. Jurisdiction is reserved at the trial level to resolve any disputes regarding the indemnity rate. The original award of temporary disability for the period found remains affirmed.

Workers' Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeTemporary Disability Indemnity RateStipulation of EarningsJudicial EfficiencyIndemnity Rate AdjustmentJurisdiction ReservedLabor Code Section 4656(c)(2)Petition to Terminate
References
0
Case No. ADJ10087457
Regular
Sep 24, 2018

RANULFO DE LA TORRE MARQUEZ vs. LYONS MAGNUS, INC., AMERICAN ZURICH INS. CO., TRISTAR RISK MANAGEMENT

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of the judge's decision regarding an applicant's shoulder injury claim. The original decision found the applicant sustained injury, awarded 26% permanent disability, but denied additional temporary disability and failed to make findings on earnings or indemnity rates. The WCAB rescinded the original decision, returning the case for further proceedings to address the applicant's earnings and the corresponding permanent disability indemnity rate. Additionally, the WCAB will allow the trial level to re-examine the claim for additional temporary disability benefits, particularly for periods potentially overlapping with the employment season.

Petition for ReconsiderationFindings of FactAwardOrders and Opinion on DecisionTemporary DisabilityPermanent DisabilityLabor CodeSeasonal EmployeeDate of InjuryEarnings
References
5
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
0
Case No. SAC 338759, SAC 360384
Regular
Jul 15, 2008

JAMES EDWARDS vs. JC PENNEY CO., AMERICAN HOME ASSURANCE CO.

This case concerns an industrial injury to an applicant who claimed temporary disability until February 5, 2007, and received an $18\%$ permanent disability rating. The defendant sought reconsideration, arguing the applicant's permanent and stationary date was earlier, August 9, 2005, and they were entitled to credit for overpaid temporary disability. The Appeals Board granted reconsideration, affirming the WCJ's decision, but amended the applicant's temporary disability indemnity rate to $\$433.74$ due to a clerical error.

Petition for ReconsiderationTemporary Disability Indemnity RatePermanent and Stationary DateAmended Findings Award and OrderOverpayment of Temporary DisabilityCredit for OverpaymentAmerican Medical ExaminerSubstantial EvidenceClerical ErrorLow Back Injury
References
0
Case No. ADJ4258585 (OXN 0130492) ADJ220258 (OXN 0130487)
Regular
Apr 17, 2018

ENRIQUE HERRERA vs. MAPLE LEAF FOODS, U.S. FIRE INSURANCE COMPANY, ALEA NORTH AMERICAN INSURANCE COMPANY

This notice informs parties that the Workers' Compensation Appeals Board (WCAB) intends to admit its rating instructions and a disability rater's recommended permanent disability rating into evidence. The WCAB previously granted reconsideration for further study. Parties have seven days to object to the rating instructions or the recommended rating, with specific procedures for addressing objections. If no timely objection is filed, the matters will be submitted for decision thirty days after service.

WORKERS' COMPENSATION APPEALS BOARDPermanent Disability RatingDisability Evaluation UnitRating InstructionsRecommended Permanent Disability RatingJoint RatingReconsiderationObjectionRater Cross-ExaminationRebuttal Evidence
References
0
Case No. ADJ13891706, ADJ13891678
Regular
Feb 17, 2023

MACLOVIO QUINTERO GALLEGOS vs. DECISION HR HOLDINGS LCF NIBBELINK MASONRY CONSTRUCTION, UNITED WISCONSIN INSURANCE COMPANY, NEXT LEVEL ADMINISTRATORS

The Appeals Board granted reconsideration, amending the temporary disability period for applicant's shoulder injury (ADJ13891706) to end on June 26, 2021, and recalculating the average weekly wage to $1,484.19, resulting in a temporary disability indemnity rate of $989.46. The Board found Dr. Omid's apportionment reasoning insufficient and deferred the issue of permanent disability and apportionment for the shoulder injury, as well as the issue of cumulative injury for the second case (ADJ13891678), reserving jurisdiction for further development of the record. The decision also modified the award to reflect the amended temporary disability period and rate.

Workers' Compensation Appeals BoardPetition for ReconsiderationJoint Findings and AwardLeft Shoulder InjuryTemporary DisabilityPermanent DisabilityApportionmentQualified Medical EvaluatorAverage Weekly WageCumulative Injury
References
5
Case No. ADJ2724522 (SFO 0414295) ADJ3126122 (SFO 0422336)
Regular
Dec 24, 2008

JUANA BARRIENTOS vs. FRIEDKEN-BECKER MANAGEMENT CORPORATION, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

The Workers' Compensation Appeals Board granted reconsideration to correct a clerical error in the permanent disability indemnity rate. The Board affirmed the original award, including temporary disability, need for further medical treatment, and 86% permanent disability, rejecting the defendant's arguments regarding duplicative disabilities and lack of support for temporary disability. The permanent disability indemnity was corrected to $95,085.24 payable at $166.67 per week, with a life pension thereafter.

Workers' Compensation Appeals BoardFriedken-Becker Management CorporationCalifornia Insurance Guarantee AssociationFremont Indemnity Companyliquidationindustrial injuryleft upper extremitycervical spinepsychetemporary disability
References
1
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