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

Case No. ADJ3859727 (EUR 038613)
Regular
Jan 30, 2012

ANDREW KOCKRITZ vs. STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, STATE COMPENSATION INSURANCE FUND

This case involves an applicant's untimely petition for reconsideration of a workers' compensation award. The original award found a low back injury with subsequent psychiatric disability, totaling $58\%$. Although a typographical error listed the disability as $56\%$, the dollar amount awarded was correct for $58\%$. The Appeals Board dismissed the petition because it was filed nine months after the decision, exceeding the 25-day filing limit. The Board noted that the trial judge can correct the clerical error upon return of the matter.

WORKERS' COMPENSATION APPEALS BOARDpro perSupplemental Findings and Awardheavy equipment mechaniccompensable consequencepsychiatric disabilitystipulations with request for awardtypographical errorclerical errorinadequate benefits
References
Case No. ADJ7347492
Regular
Aug 20, 2012

EDWARD ZEPEDA vs. CARNATION CO., METLIFE INS. CO. OF CONNECTICUT, Administered by TRAVELERS

Here's a summary of the case for a lawyer, in four sentences: The Board granted reconsideration to rescind the WCJ's decision, finding no unreasonable delay in the defendant's payment of a Compromise and Release settlement. The Board determined the delay was due to an inadvertent typographical error in the address for one of three settlement checks, not bad faith or intentional delay by the defendant. Consequently, penalties and attorney fees related to the alleged delay were denied. The Board also found no basis for sanctions under Labor Code section 5813.

Labor Code Section 5814Labor Code Section 5813Compromise and ReleasePetition for ReconsiderationUnreasonable DelayPenaltyAttorney FeesApplicant's CostsTypographical ErrorInadvertent Error
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 Despite the lack of stated prejudice, the Board rescinded the prior denial of a petition to amend the order approving the compromise and release.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. AHM 0088770
Regular
Aug 07, 2007

SAM AVINA vs. FIXTURE PRO, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

This Workers' Compensation Appeals Board decision dismisses the defendant's petition for reconsideration. The dismissal is based on a subsequent stipulation between the parties that resolves the issue raised in the petition. The Board also noted that the alleged error in the prior decision was a typographical error not resulting in actual prejudice to the defendant.

Workers' Compensation Appeals BoardPetition for ReconsiderationStipulationDismissalPermanent Total DisabilityIndemnity RateTypographical ErrorAggrieved PartyTrial LevelWorkers' Compensation Administrative Law Judge
References
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
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. ADJ2969972 (LAO 0870854)
Regular
Apr 29, 2011

LEONARD ORTIZ vs. CITY OF WEST COVINA, HAZELRIGG RISK MANAGEMENT SERVICES

This case involves a dispute over a workers' compensation settlement agreement (Compromise and Release or C&R). The defendant seeks to reinstate an order approving a C&R after the administrative law judge (WCJ) rescinded it due to a mathematical discrepancy on page six, creating an apparent clerical error. The Appeals Board granted reconsideration, rescinded the WCJ's order of rescission, and returned the case to the trial level. This action was based on the procedural due process requirement of a hearing before setting aside an order approving a settlement, regardless of the substantive discrepancy.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalOrder Rescinding Order Approving Compromise and ReleaseCompromise and Release agreementclerical errorpermanent disability advancesattorneys' feestypographical errorEAMS system
References
Case No. ADJ3588744 (AHM 0136596) ADJ3710110 (AHM 0136597) ADJ4588636 (AHM 0136598) ADJ4051109 (LBO 0340086)
Regular
Sep 23, 2019

JOSE VASQUEZ vs. LANSCO DIE CASTING, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to address the applicant's bilateral elbow cumulative trauma injury claim. While the applicant argued the initial award significantly understated his permanent disability, the Board affirmed the original decision, adopting the WCJ's reasoning. The Board deferred the issue of bilateral elbow injury, allowing parties to further resolve it, and corrected a typographical error in the award.

cumulative traumapermanent disabilitymultiple disabilities tablevocational evidencerecord developmentbilateral elbowsstipulationtypographical errorbody partdefer issue
References
Case No. ADJ698188 (LAO 0876540), ADJ1110681 (LAO 0876542)
Regular
Jan 19, 2017

SILVIA ESPIRIAN vs. COUNTY OF LOS ANGELES

The Appeals Board granted reconsideration and rescinded prior findings that the applicant sustained no industrial injury. The Board found that the WCJ's decisions lacked sufficient analysis and failed to articulate specific reasons and evidence relied upon for each determination. Consequently, the matter is returned to the trial level for further proceedings and new decisions by the WCJ. A potential typographical error in one of the prior findings was also noted.

Petition for ReconsiderationFindings and OrderFindings and AwardWCJIndustrial InjuryNeck InjuryBack InjuryHip InjuryKnee InjuryPsyche Injury
References
Case No. ADJ3074171 (MON 0359277)
Regular
May 01, 2014

RAMIRO PORRAS vs. SODEXHO, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA by GALLAGHER BASSETT SERVICES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration for a lien claimant seeking additional payment for translation services and attorney fees. The WCAB affirmed the original decision, finding the lien claimant was already adequately compensated and not entitled to further payment or attorney fees due to inflated billings and "unclean hands." Reconsideration was granted solely to correct a typographical error in the date referenced in a finding of fact.

Lien claimantTranslation servicesMediated settlementAccord and satisfactionAttorney feesLabor Code section 5813Unclean handsPetition for reconsiderationFindings and AwardTypographical error
References
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