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

Case No. ADJ608889 (POM 0271021) ADJ865253 (POM 0271022)
Regular
Mar 27, 2009

BARBARA GARCIA vs. COLEN AND LEE; FREMONT EMPLOYERS INSURANCE COMPANY as administered by EMPLOYERS

The defendant seeks reconsideration of an award finding applicant sustained work-related psyche and chest pain injuries, resulting in 90% permanent disability and need for further medical treatment. Defendant claims clerical, procedural, and evidentiary errors, and inconsistencies with witness testimony. The Board granted reconsideration to review a trial transcript to ensure a just and reasoned decision.

ReconsiderationFirst Amended Findings and AwardCumulative periodPsycheInternal chest painTemporary disabilityPermanent disabilityFurther medical treatmentClerical errorsProcedural errors
References
Case No. ADJ10289629
Regular
Oct 19, 2017

Timothy Kirby vs. Contra Costa Water District

This case involves a clerical error where the defendant's reply brief was incomplete due to a missing second page. The Workers' Compensation Appeals Board (WCAB) initially did not consider the incomplete brief. Upon receiving the complete brief and an explanation of the error, the WCAB, exercising its discretion to correct clerical errors for due process, accepted the defendant's reply. The WCAB affirmed its prior decision, but amended the original opinion to delete the footnote referencing the incomplete brief and include the defendant's reply.

WORKERS' COMPENSATION APPEALS BOARDAMENDED OPINION AND DECISION AFTER RECONSIDERATIONPetition For Leave to File a Replyclerical errordue process rightscorrect clerical errorsconsider evidenceconsider pleadingsWCAB Rule 10848supplemental response
References
Case No. ADJ8890143
Regular
Sep 19, 2014

Vanessa White vs. San Diego Gas Electric, Liberty Mutual Insurance Company

In this workers' compensation case, the Appeals Board granted a joint petition for removal to correct a misidentification of the employer on case documents. Although the parties characterized this as a clerical error, the Board clarified it was an attorney error. Despite the lack of stated prejudice, the Board rescinded the prior denial of a petition to amend the order approving the compromise and release. The case is returned to the trial level for the judge to make necessary corrections to court documents and EAMS.

Petition for RemovalOrder Denying PetitionAmendment of Order Approving Compromise and ReleaseEmployer Identification ErrorClerical ErrorAttorney ErrorSubstantial PrejudiceIrreparable HarmWCAB Rule 10843Labor Code Section 5813
References
Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ9172410, ADJ9172422
Regular
Apr 22, 2015

DAVID MEANY vs. WALNUT CREEK FORD, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for ULLICO CASUALTY in Liquidation, Administered By PATRIOT RISK SERVICES

The Workers' Compensation Appeals Board granted reconsideration to correct a clerical error in the original award. The Board rescinded an amended award issued without proper jurisdiction and clarified that temporary disability indemnity in ADJ9172422 is payable less sums received from all sources, including EDD. Case ADJ9172410 was taken off calendar as there were no disputed issues. The original award in ADJ9172422, as amended to reflect these clarifications, was affirmed.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardTemporary Disability IndemnityWage-Loss BasisEmployment Development DepartmentAdministrative Law JudgeOff CalendarClerical ErrorJudicial Function
References
Case No. ADJ10328973
Regular
Feb 13, 2018

STEVEN SERRANO vs. ABF FREIGHT SYSTEMS, ATHENS ADMINISTRATORS

The Appeals Board granted reconsideration to correct a clerical error in the applicant's date of birth on the original Findings and Award. The Board affirmed the WCJ's decision that applicant sustained a compensable head and headache injury AOE/COE, resulting in temporary total disability and the need for future medical treatment. The issue of liability for self-procured medical treatment was deferred for future determination. The defendant's reliance on unadmitted deposition transcripts was noted, along with a warning about WCAB Rule 10842.

AOE-COEPetition for ReconsiderationFindings and Awardtemporary total disabilityfurther medical treatmentself-procured medical treatmentclerical errorcredibility determinationsubstantial evidencedeposition transcripts
References
Case No. ADJ9799720
Regular
Jan 29, 2016

HOWARD GARNER vs. DEPARTMENT OF CORRECTIONS AND REHABILITATION, legally uninsured; STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration to correct a transcription error, amending the findings to reflect an injury to the applicant's left "little" toe instead of the left "middle" toe. The applicant's petition for reconsideration was denied, as the Board found no evidence to support claims of injury to his hand, hip, or a deformed left little toe, and the medical examiner did examine the relevant body part. The decision affirmed the findings of no permanent disability or need for further treatment for the left little toe.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of FactInmate LaborerPanel Qualified Medical ExaminerTranscription ErrorLeft Little ToePermanent Partial DisabilityFurther Medical TreatmentDepartment of Corrections and Rehabilitation
References
Case No. ADJ2253765 (VNO 0561741)
Regular
Mar 17, 2017

MAKE NEHDAR vs. WASHINGTON MUTUAL, INC., SEDGWICK CLAIMS MANAGEMENT SERVICES

This case concerns a clerical error in a prior Workers' Compensation Appeals Board (WCAB) decision. The applicant, Mike Nehdar, sought to correct the description of injured body parts in a May 16, 2013 Opinion and Order. The original WCAB decision had rescinded a previous administrative law judge's finding and substituted its own. The applicant correctly identified a clerical error in the substituted finding regarding the specific body parts injured. The WCAB granted reconsideration to correct this clerical error, affirming its prior decision but amending the finding to accurately reflect the applicant's claimed injuries.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderWorkers' Compensation Administrative Law JudgeCumulative TraumaInjury AOE/COEClerical ErrorPetition to Correct Clerical ErrorLower ExtremitiesNeurological
References
Case No. ADJ206397
Regular
Mar 04, 2016

WANDA HIGHSMITH vs. COUNTY OF SAN DIEGO

This Workers' Compensation Appeals Board order corrects a clerical error in the date of service for a previous decision. The original decision mistakenly stated the service date as March 3, 2016, when it should have been March 4, 2016. The Board is authorized to correct such errors without further proceedings. The corrected date of service is now March 4, 2016.

Workers' Compensation Appeals Boardclerical errordate of serviceOpinion and OrderPetition for Reconsiderationcorrecting errorSupplemental Proceedingsamended date
References
Case No. ADJ3274679
Regular
Jun 26, 2012

PATCHES CONWAY vs. ARCHITECTURAL ART MANUFACTURER, CHARTIS

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration because the defendant voluntarily withdrew it. The defendant had initially sought to set aside an Order Approving Compromise and Release, alleging an inadvertent clerical error by the applicant. However, the issue was resolved when the applicant corrected the error and the Appeals Board incorporated the amendments. Therefore, no further action was required on the reconsideration petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationCompromise and ReleaseOrder Approving Compromise and ReleaseSet Aside OrderInadvertent ErrorClerical ErrorIncorporate by ReferenceDismissed PetitionStatus Conference
References
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