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

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ANA 0400833
Regular
Aug 18, 2008

WILLIAM GEORGE THOMAS JULIE THOMAS as GUARDIAN AD LITEM and TRUSTEE vs. H&A AUTO, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration of an award finding industrial injury and permanent total disability. The employer challenged the reliance on the applicant's treating physician's medical reports. The Board affirmed the findings, holding that treating physician reports are admissible under Labor Code sections 4060(b) and 4061.5. The employer failed to rebut the treating physician's opinions by properly invoking independent medical evaluation procedures.

Workers Compensation Appeals BoardGuardian Ad LitemTrusteeIndustrial InjuryAuto MechanicNeck InjuryQuadriplegiaTemporary DisabilityPermanent Total DisabilityTreating Physician
References
Case No. ADJ7567617
Regular
Jun 05, 2015

EDWIN LEE (Decedent), MIJUNG LEE (Guardian ad Litem and Trustee) vs. ABBA BAIL BONDS, STATE COMPENSATION INSURANCE FUND

This case concerns the division of attorney fees awarded from a workers' compensation death settlement. The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision that undervalued the services of the decedent's initial attorney, Todd Arron. The WCAB found that while Arron's initial efforts were crucial to establishing liability, current attorney Robert Lee handled the bulk of the case. Consequently, the WCAB rescinded the prior award and reallocated the $43,633.33 fee, awarding one-third ($14,544.44) to Arron and two-thirds ($29,088.89) to Lee.

Workers' Compensation Appeals BoardGuardian ad LitemTrusteeAbba Bail BondsState Compensation Insurance FundOrder Approving Compromise and ReleaseAttorney FeesLien ClaimantPetition for ReconsiderationFindings of Fact and Award
References
Case No. ADJ10140589
Regular
Nov 14, 2017

SAUL SALCEDA, JR. (Deceased); ELIZABETH R. SALCEDA, Guardian Ad Litem and Trustee for ELLEN KATE SALCEDA, a minor and NOYLAHNA PHUTSDAY SIBOURIBOUN, a minor vs. DIRECT MOTION, INC.; HANOVER INSURANCE GROUP WORCESTER

This case involves a petition for reconsideration of a denial of workers' compensation benefits for the death of Saul Salceda, Jr. The applicant argued the deceased's fatal injury arose from his employment, but the WCAB affirmed the WCJ's finding that it did not. The WCAB found that while there was a special mutuality between the deceased and his employer, his fatal activities did not benefit the employer directly or indirectly, thus the dual purpose rule was inapplicable. Therefore, the petition for reconsideration was denied.

Workers' Compensation Appeals BoardGuardian Ad LitemTrusteeFindings and OrderPetition for Reconsiderationnon-compensabledual purpose rulearising out ofcourse of employmentdecedent's death
References
Case No. SAC 0191116 SAC 0191126
Regular
Feb 19, 2008

WILLIAM VILLEMAIRE, Deceased, ROBERTA VILLAMAIRE, Widow, Individually and as Guardian ad Litem and Trustee for TIFFANY A. VILLAMAIRE (minor), WILLIAM A. VILLAMAIRE and TRACY A. VILLAMAIRE vs. CAMPBELL SOUP COMPANY; TRAVELERS INSURANCE COMPANY, et. al.

The Workers' Compensation Appeals Board remanded the case for further proceedings to determine the decedent's average weekly earnings capacity, considering union contract wage increases foreseeable at the time of injury, to establish the proper death benefit rate for minor children. The Board clarified that accrued death benefits owed to a deceased dependent are payable to surviving dependents, not their estate. The original award was rescinded, returning the matter to the trial level for a new decision consistent with the opinion.

Workers' Compensation Appeals BoardDeceased EmployeeSurviving WidowGuardian ad LitemTrusteeSurvivor BenefitsCampbell Soup CompanyTravelers Insurance CompanyOpinion and Decision After ReconsiderationAverage Weekly Earnings
References
Case No. ADJ1034828
Regular
Jan 19, 2000

KELLY JOLLY vs. INPUT 1; CIGA administered by its servicing facility CAMBRIDGE INTEGRATED SERVICES GROUP, INC. for FREMONT COMPENSATION INSURANCE COMPANY; In liquidation; GRANITE STATE INSURANCE COMPANY, by AIG; STATE COMPENSATION INSURANCE FUND; AMERICAN SAFETY CASUALTY, by GALALGHER BASSETT

The Workers' Compensation Appeals Board denied reconsideration in this case. The Board adopted the arbitrator's report, which explained their prior holding. This holding established that CIGA is entitled to pre-litigation benefits from an insolvent carrier but must remit those proceeds to the insolvent carrier's trustee. Therefore, the petition for reconsideration was denied.

CIGAReconsideration DeniedInsolvent CarrierTrusteePre-litigation BenefitsLiquidated Insurance CompanyServicing FacilityWorkers' Compensation Appeals BoardArbitrator ReportAdjudication
References
Case No. 100000000
Regular
Dec 09, 2011

NOEL MORTON (Deceased), CAROLYN MORTON, BRANDON MORTON, LAURA DOUGHERTY as Guardian ad Litem and Trustee for CHEYENNE MORTON, a minor vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS, Legally Uninsured, STATE COMPENSATION INSURANCE FUN STATE EMPLOYEES, CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM

The applicants seek reconsideration of a decision that set aside an earlier award of death benefits. They argue the trial judge erred in calculating the benefits due and improperly credited payments from the CalPERS "1959 Survivor Benefits program." The Appeals Board granted reconsideration, rescinded both the September 15, 2011 order and the August 18, 2011 award, and returned the case to the trial level for further proceedings.

Workers' Compensation Appeals BoardReconsiderationGuardian ad LitemTrusteeAnnual AwardFindings and AwardWCJDependency BenefitsCalPERS1959 Survivor Benefits
References
Case No. OAK 0326235
Regular
May 01, 2008

ALMA CRANDELL vs. ANTIOCH UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured

The Workers' Compensation Appeals Board denied the applicant's request for more home healthcare benefits and granted the defendant's request to reconsider the award. The Board affirmed the original award for home healthcare but deferred the issue of to whom the payments should be made, remanding it to the trial level for further development of the record. This deferral is to determine if the payments are due to the applicant's family who provided the care or if they should be made through a previously appointed guardian and trustee.

ReconsiderationHome HealthcareGuardian Ad LitemTrusteeLien ClaimantsLabor Code §4903(b)Labor Code §5313Labor Code §4903.2WCJ ReportDecision After Reconsideration
References
Case No. ADJ9711633
Regular
Feb 02, 2015

MICHAEL DEAN vs. CENTRAL TRANSPORT, CHEROKEE INSURANCE COMPANY

Here's a summary for a lawyer: The Workers' Compensation Appeals Board denied Gino Dean's petition for reconsideration of an order appointing Shannen Patton as guardian ad litem and trustee for a minor applicant. Gino Dean, the decedent's brother and applicant's uncle, lacked standing to challenge the order as he is not a party and failed to demonstrate good cause for removal of the applicant's mother. Furthermore, the order appointing the guardian is not a final award, rendering it ineligible for reconsideration.

Guardian ad LitemTrusteeMinorPetition for ReconsiderationStandingGood CauseNot a Final OrderRemovalExtraordinary RemedySubstantial Prejudice
References
Case No. ADJ3347998 (LAO 0774299)
Regular
Jun 07, 2010

JOSEPH JONES vs. COUNTY OF LOS ANGELES/SHERIFF'S DEPARTMENT

The Appeals Board granted reconsideration, rescinding the WCJ's finding of employment for applicant Joseph Jones. Defendant County of Los Angeles argued applicant was not a volunteer, thus not an employee. The Board found applicant's testimony indicated he felt compelled to work as a trustee due to threat of transfer, not voluntary agreement, negating an employment relationship under Labor Code section 3351. Furthermore, applicant did not qualify under Penal Code section 4017 as he was awaiting trial and not engaged in fire suppression activities.

Workers' Compensation Appeals BoardJoseph JonesCounty of Los AngelesSheriff's DepartmentTristarFindings of FactWorkers' Compensation Judge (WCJ)Employment RelationshipVolunteerInmate
References
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