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

Case No. MISSING
Regular Panel Decision

Claim of Bruzzese v. Guardsman Elevator Co.

In 1994, the claimant sustained head, neck, and back injuries at work, leading to an award for permanent partial disability, which included a wage expectancy adjustment under Workers’ Compensation Law § 14 (5). Following back surgery in 1998, the case was reopened, and the claimant was found to be temporarily totally disabled. Benefits for this temporary total disability were calculated based on the claimant's average weekly wage at the time of injury, without applying the wage expectancy adjustment. The claimant appealed, arguing that since the permanent partial disability preceded the temporary total disability, the wage expectancy adjustment should also apply to the latter period. The court disagreed, affirming the Workers’ Compensation Board's decision, citing established case law that Workers’ Compensation Law § 14 (5) is applicable only to awards for permanent partial disability and not temporary disability.

Wage expectancyTemporary total disabilityPermanent partial disabilityWorkers' Compensation benefitsBack injuryAppellate reviewDisability calculationWorkers' Compensation BoardAverage weekly wage
References
1
Case No. MISSING
Regular Panel Decision

Matter of Brady v. Northeast Riggers & Erectors

In March 2012, the claimant, a union construction laborer, sustained a work-related back and abdomen injury. A Workers' Compensation Law Judge (WCLJ) initially found the claimant attached to the labor market but deemed a total industrial disability finding premature because permanent disability had not yet been classified. The Workers’ Compensation Board upheld this determination. The claimant appealed, arguing the Board erred in declining to classify him with a temporary total industrial disability. The Court affirmed the Board's decision, asserting that a classification of temporary total industrial disability cannot be made without a prior determination of permanency.

Workers' CompensationIndustrial DisabilityPermanent DisabilityTemporary DisabilityLabor MarketAppellate DivisionBoard DecisionPremature DeterminationGainful EmploymentWork History
References
6
Case No. ADJ4606826 (SJO 0265682)
Regular
Jul 01, 2009

WILBERT LEE vs. COCA-COLA BOTTLING CO., Permissibly Self-Insured, Adjusted By SEDGWICK CMS

In this workers' compensation case, the Board rescinded its prior decision and found the applicant entitled to temporary total disability indemnity. This indemnity is awarded for the period between November 21, 2007, and January 28, 2008, when the applicant was medically deemed unable to work. However, the applicant is estopped from receiving temporary disability indemnity for periods of temporary partial disability due to refusing modified work without good cause. The Board affirmed its finding that the applicant is not entitled to temporary disability for periods of partial disability for the reasons stated in its earlier opinion.

Workers' Compensation Appeals BoardReconsiderationTemporary Disability IndemnityModified WorkEstoppelAgreed Medical EvaluatorPrimary Treating PhysicianTemporary Total DisabilityTemporary Partial DisabilityOdd Lot Doctrine
References
4
Case No. MON 258668
Regular
Apr 23, 2008

HILDA E. LLERENA-HOJJATI vs. SBC/PACIFIC BELL, HELMSMAN MANAGEMENT SERVICES

The Workers' Compensation Appeals Board (WCAB) reviewed a case where the applicant sought temporary total disability (TTD) indemnity. The WCAB amended a prior award, removing TTD benefits commencing May 23, 2006, because they began more than five years after the date of injury and applicant had returned to work. However, the WCAB affirmed the award of TTD indemnity for the period of October 13, 2003, through July 14, 2004, as it fell within the five-year jurisdictional limit. The WCAB also granted applicant's attorney fees but deferred calculation of both TTD indemnity and fees pending further evidence on earnings.

Workers Compensation Appeals BoardReconsiderationTemporary Total DisabilityPetition to ReopenNew and Further DisabilityFive-Year RuleJurisdictionAgreed Medical EvaluatorTreating PhysicianGastric Bypass Surgery
References
4
Case No. LAO 855766
Regular
Jul 16, 2007

JUAN L. FLORES vs. HEDENBERG, INC., dba IHOP, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration to address the defendant's petition to terminate temporary total disability indemnity. While the defendant's initial petition had procedural defects, including failing to adhere to filing deadlines and content requirements, the Board found that Labor Code section 4700 dictates no liability for temporary disability benefits exists beyond the date of the applicant's death. Consequently, the Board rescinded the prior order and issued a new order terminating the defendant's liability for temporary total disability indemnity as of February 20, 2007, the date of the applicant's death.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Terminating LiabilityTemporary Total Disability IndemnityLabor Code Section 4700Applicant's DeathPermanent and StationaryPetition to Terminate LiabilityCalifornia Code of RegulationsRule 10462
References
2
Case No. ADJ626438 (VNO 0450164) ADJ3665608 (VNO 0450166) ADJ3570389 (VNO 0521859) ADJ8592142
Regular
Jun 07, 2013

JOSEPH GIOIA vs. NEFTIN WESTLAKE CAR COMPANY, CALIFORNIA INDEMNITY INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC., FREMONT INSURANCE COMPANY, CIGA

This Workers' Compensation Appeals Board decision denies the petition for reconsideration filed by California Indemnity Insurance Company (CIIC). Conversely, it grants the petition filed by the California Insurance Guarantee Association (CIGA). The original decision of March 18, 2013, is affirmed but amended to reflect specific findings regarding the applicant's employment periods, injuries, and temporary total disability payments. The amendment clarifies insurance responsibilities, with CIIC responsible for 92% of the temporary total disability and Mid-Century/Farmers for 8%.

Workers' Compensation Appeals BoardCIICCIGAPetition for ReconsiderationWCJ ReportInsurance CodeTemporary Total DisabilityLC § 4661.5Joint Findings of FactNeftin Westlake Car Company
References
0
Case No. ADJ2380068 (AHM 0102888), ADJ4704159 (AHM 0120563), ADJ2217428 (AHM 0106492)
Regular
Jan 14, 2020

ROSALIE SEE vs. BENEFICIAL SERVICES, INC., HIGHLANDS INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to further study the factual and legal issues in this case. The WCAB rescinded the Workers' Compensation Judge's (WCJ) decision and returned the matter to the trial level for further proceedings. This action was taken because the record required further development to resolve applicant's claims regarding unpaid temporary total disability (TTD) indemnity from August 21, 2007, to September 22, 2009, and the correct TTD rate for that period. Additionally, the WCAB noted the need to determine if any permanent disability indemnity remains unpaid under a prior award, reserving judgment on applicant's claims for penalties and attorney's fees.

Workers' Compensation Appeals BoardReconsiderationTemporary Total Disability (TTD)Permanent and Stationary (P&S) datePetition to TerminateLabor Code Section 4661.5Labor Code Section 5814PenaltiesAttorney's FeesJoint Findings and Award
References
0
Case No. ADJ9203286
Regular
Mar 23, 2018

Hugo Bucio vs. County of Merced

The Workers' Compensation Appeals Board granted reconsideration, reversing a prior decision that denied temporary total disability indemnity. The applicant, a deputy sheriff, underwent self-procured surgery for an admitted industrial back injury after the employer denied authorization. The Board held that an injured worker is entitled to temporary disability indemnity regardless of whether the treatment was employer-authorized or self-procured. The decision clarified that the utilization review process governs medical treatment disputes, not temporary disability indemnity claims arising from self-procured treatment.

BucioCounty of MercedDeputy Sheriff/Coronerbilateral sacroiliac joint fusiontemporary total disability indemnityself-procured medical treatmentutilization review (UR)denial of authorizationphysician depositionpermanent and stationary status
References
4
Case No. ADJ3619852 (VNO 0395419)
Regular
Apr 05, 2013

JESSIE SHERROD vs. COUNTY OF LOS ANGELES

In this workers' compensation case, the applicant, a physician, claimed temporary total disability (TTD) for a period during which the employer provided long-term disability (LTD) payments. The Workers' Compensation Appeals Board granted reconsideration, amending the original award. The Board found that while the employer is entitled to credit for LTD payments, the TTD indemnity due to the applicant must be calculated at the rate provided by Labor Code section 4661.5, which uses the rate in effect on the date of payment, not the rate at the time of injury. This decision ensures the applicant receives TTD at the statutorily current rate for the retroactive period.

Workers' Compensation Appeals BoardJessie SherrodCounty of Los AngelesPetition for ReconsiderationSupplemental Findings and AwardTemporary Total Disability IndemnityLong Term DisabilityLabor Code section 4661.5Agreed Medical ExaminerAverage Weekly Earnings
References
0
Case No. LAO 0840517
Regular
Aug 20, 2007

UZMA XINA KANG vs. ENTERTAINMENT PARTNERS, CNA CLAIMPLUS

The Workers' Compensation Appeals Board granted reconsideration and amended the original award. The Board found the applicant to be a "minimum earner" for both temporary and permanent disability indemnity purposes. Consequently, the temporary disability indemnity rate was reduced to \$126 per week and the total permanent disability indemnity was adjusted to \$11,576.25, reflecting a lower average weekly earnings calculation than initially awarded.

Uzma Xina KangEntertainment PartnersCNA ClaimplusPetition for ReconsiderationFindings and AwardWorkers' Compensation Appeals BoardIndustrial InjuryRight AnkleLow BackLungs
References
7
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