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

Case No. ADJ5621413
Regular
Sep 15, 2016

LORI RENFRO vs. SUMMIT COUNSELING AND EDUCATION, STATE COMPENSATION INSURANCE FUND, SUBSEQUENT INJURIES BENEFIT TRUST FUND

This case involves applicant Lori Renfro's claim for Subsequent Injuries Benefit Trust Fund (SIBTF) benefits following a work injury. The WCJ initially awarded benefits, finding the industrial injury's standalone disability exceeded the 35% threshold. The SIBTF appealed, arguing the injury's standalone disability was below 35% and the prior disability should be measured at the time of the subsequent injury. The Appeals Board rescinded the award, finding the WCJ erred by not properly applying the 35% threshold for the subsequent injury alone. The matter is remanded to determine the applicability of Labor Code section 4751(a) and to re-evaluate the 70% combined disability threshold, measuring prior disability as it existed before the subsequent injury.

Subsequent Injuries Benefit Trust FundSIBTFpermanent disability thresholdapportionmentLabor Code section 4751combined disabilityprior disabilitysubsequent injuryvocational expertQME
References
Case No. ADJ7959067
Regular
Jul 17, 2012

MOJGAN RAZAVY vs. SPHERION CORPORATION, NATIONAL UNION FIRE INSURANCE

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, rescinding the order allowing further discovery. The Board found that discovery should have closed at the mandatory settlement conference on March 7, 2012, as per statute. The judge erred in allowing further discovery without a threshold determination of deficient medical opinions, especially since the case had not yet proceeded to trial or submission. The matter was returned to the trial level for further proceedings, with discovery closed as of the original settlement conference date.

Petition for RemovalOrder Re: DiscoveryMandatory Settlement ConferencePanel Qualified Medical EvaluatorFurther Medical TreatmentPermanent DisabilityDiscovery ClosureThreshold MatterMedical Opinion DeficiencyLabor Code Section 5502(e)(3)
References
Case No. ADJ13302605; ADJ15813943
Regular
Mar 07, 2023

MATTHEW WARE vs. ARIZONA CARDINALS FOOTBALL CLUB, LLC, GREAT DIVIDE INSURANCE COMPANY C/O BERKLEY ENTERTAINMENT

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, reversing the WCJ's order to set the case for a Mandatory Settlement Conference on all issues. The Board found good cause to bifurcate and try the threshold issues of California subject matter and personal jurisdiction first. Bifurcating these jurisdictional issues is deemed more efficient, as a favorable ruling for the defendant would avoid further litigation. This decision prioritizes an expedited resolution of jurisdiction to facilitate the prompt delivery of potential benefits.

Petition for RemovalMandatory Settlement ConferenceBifurcationJurisdictionSubject Matter JurisdictionPersonal JurisdictionSpecial AppearanceDeclaration of ReadinessDiscoveryGood Cause
References
Case No. ADJ9845740
Regular
Dec 18, 2019

RICHARD OKUNIEWICZ vs. CHRISTOFFERSON TRANSPORTATION, QBE-PRAETORIAN INSURANCE COMPANY

This case concerns an employer's petition for removal challenging a judge's order denying a motion to compel an in-person vocational evaluation. The Appeals Board denied the petition, treating it as a reconsideration request because the underlying order resolved threshold issues. Although the decision was final regarding threshold matters, the Board reviewed the discovery dispute under the extraordinary removal standard. The majority found no significant prejudice or irreparable harm from denying the in-person evaluation, as a remote evaluation was deemed sufficient.

Petition for ReconsiderationPetition for RemovalFindings and OrderMedical-Legal EvaluationCompelSignificant PrejudiceIrreparable HarmThreshold IssueInterlocutory IssueVocational Evaluation
References
Case No. ADJ1350207 (SRO 0141409) ADJ7636521
Regular
May 08, 2012

MICHELE WOODRUFF vs. G\u0026K MANAGEMENT, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board granted the defendant's petition for removal, rescinding the prior order for a second QME panel in orthopedics. The Board found the administrative law judge prematurely ordered the panel before evidence was presented or the case was submitted for decision. The Board clarified that a judge can only order supplemental medical evaluations after trial if specific opinions are found deficient, not beforehand. The matter was returned to the trial level for further proceedings and eventual trial.

Petition for RemovalQualified Medical EvaluatorSecond QME PanelMcDuffie v. Los Angeles County Metropolitan Transit AuthoritySubstantial EvidenceMedical Record DevelopmentTrial Level ProceedingsOpinion and OrderCumulative Trauma ClaimMandatory Settlement Conference
References
Case No. ADJ2061639 (VNO 0553366) ADJ4481677 (VNO 0553364)
Regular
Sep 25, 2013

ARACELY MENJIVAR vs. NESTLE USA, INC., AMERICAN HOME ASSURANCE CO.

Here's a summary of the case for a lawyer, in four sentences: The Appeals Board granted the defendant's Petition for Removal, rescinding the WCJ's orders to take the matters off calendar for medical record development prior to trial. The Board found the WCJ prematurely ordered record development without first establishing deficiencies in existing medical opinions after evidence admission. Consequently, the cases are returned to the trial level for proper trial proceedings. The Board denied the defendant's request to remove the WCJ, as it failed to meet statutory disqualification requirements.

Petition for RemovalOff CalendarMedical Record DevelopmentThreshold MatterDeficient Medical OpinionsTrial LevelDisqualification of WCJSection 5311WCAB Rule 10452Affidavit/Declaration
References
Case No. ADJ9141358, ADJ9141354
Regular
Apr 18, 2023

ROBERT BEACH vs. SUBSEQUENT INJURIES BENEFITS TRUST FUND

The Workers' Compensation Appeals Board (WCAB) granted the Subsequent Injuries Benefits Trust Fund's (SIBTF) petition for reconsideration, rescinding the previous award. The WCAB found that it was unclear whether the applicant met the 5% and 70% eligibility thresholds for SIBTF benefits due to insufficient medical evidence and lack of clear findings regarding the permanent disability percentages of both pre-existing and subsequent injuries. Additionally, the deviation from the standard 15% attorney's fee to 25% lacked sufficient justification. The case is returned to the trial level for further proceedings.

Subsequent Injuries Benefits Trust Fundopposite and corresponding member5% threshold70% thresholdpermanent partial disabilityindustrial aggravationcumulative traumawhole person impairmentpre-existing impairmentslabor disabling
References
Case No. ADJ949225 (MON 0333849)
Regular
Apr 29, 2015

Muriel Lazarus vs. Subsequent Injuries Benefits Trust Fund

In this case, applicant Muriel Lazarus is seeking reconsideration of a denial of benefits from the Subsequent Injuries Benefits Trust Fund (SIBTF). The original decision found she failed to prove her subsequent injury met the 35% permanent disability threshold. Lazarus argues her rating, when calculated using the Combined Values Chart, meets the threshold, while the SIBTF disputes this. The Board granted reconsideration, noting insufficient evidence on the pre-adjustment rating of her permanent disability. The matter is remanded to further develop the record on this specific issue.

Subsequent Injuries Benefits Trust FundSIBTFPermanent Disability ThresholdCombined Values ChartStraight Subtraction MethodCumulative Trauma InjurySpecific InjuryReport and RecommendationFurther Development of RecordPre-adjustment Rating
References
Case No. ADJ10499724
Regular
Mar 07, 2025

Victoria Lee vs. Subsequent Injuries Benefits Trust Fund

The Subsequent Injuries Benefits Trust Fund (SIBTF) sought reconsideration of a December 4, 2024 Findings and Order, arguing that the WCJ incorrectly failed to apportion the industrial injury to preexisting disability when determining if Victoria Lee met the 35% permanent disability eligibility threshold for SIBTF benefits. The Appeals Board denied the petition, adopting the WCJ's Report and Recommendation. The Board reiterated that, based on prior case law, including Bookout v. Workers' Comp. Appeals Bd. and subsequent panel decisions, apportionment is excluded when calculating whether an applicant meets the 35% threshold for SIBTF benefits under Labor Code Section 4751.

Subsequent Injuries Benefits Trust FundReconsiderationPermanent DisabilityApportionmentThresholdLabor Code Section 4751BookoutToddAnguianoHeigh
References
Case No. ADJ7041227
Regular
Aug 09, 2017

GERALD PADDIO vs. CLEVELAND CAVALIERS, SEATTLE SUPERSONICS, INDIANA PACERS, WASHINGTON BULLETS/WASHINGTON WIZARDS, TIG INSURANCE, NEW YORK KNICKERBOCKERS, CHICAGO ROCKERS, LAS VEGAS SLAM/ CHICAGO SKYLINERS, TRAVELERS INDEMNITY COMPANY

The Workers' Compensation Appeals Board denied Travelers Indemnity Company's petition for reconsideration, affirming its subject matter jurisdiction over applicant Gerald Paddio's cumulative injury claim. The Board found that Paddio's hiring as a professional basketball player in California, through his agent accepting an offer in San Francisco, established jurisdiction under Labor Code sections 3600.5(a) and 5305. The Board also noted that the issue of potential exemption from California law, raised by the defendant, was not ripe for appeal and must be addressed at the trial level. All other issues remain deferred for determination by a Workers' Compensation Judge.

Subject matter jurisdictionLabor Code section 3600.5Labor Code section 5305Contract of hireProfessional basketball playerCumulative industrial injuryPetition for reconsiderationDenial of petitionAdministrative law judgeWorkers' Compensation Appeals Board
References
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