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

Case No. ADJ2894653
Regular
Jan 17, 2012

LENA WILSON vs. PIEDMONT LUMBER AND NURSERY, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration to address the reasonableness of the attorney's fee and its commutation method. The Board found the original fee of $\$ 41,522.43$ was unreasonably low because it did not properly account for the applicant's Cost of Living Allowance (COLA). Consequently, the Board rescinded the prior order and awarded an attorney's fee of $\$ 84,814.30$, to be commuted using the "uniformly increasing reduction method," finding this latter method to be in the applicant's best interest.

Workers Compensation Appeals BoardAttorney's FeeReconsiderationJoint Findings and OrderWorkers' Compensation JudgeUniform Reduction MethodUniformly Increasing Reduction MethodCommutationPermanent Total DisabilityCost of Living Allowance (COLA)
References
Case No. ADJ2234332 (OAK 0325654)
Regular
Apr 25, 2016

WAYNE LA COSSE vs. CARONE & COMPANY, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to address defendant's objections regarding the application of the 1997 Permanent Disability Rating Schedule and the calculation of attorney's fees. The Board affirmed the WCJ's findings on the industrial injury and permanent disability, finding no error in applying the 1997 schedule or the amount of the attorney's fee. However, the Board rescinded the specific award and orders concerning attorney's fees to allow the WCJ to re-determine the method of commutation based on the applicant's best interests, potentially using a Uniformly Increasing Reduction Method. The case is returned to the trial level for further proceedings and a new determination on attorney's fees.

Workers Compensation Appeals BoardFindings and AwardPermanent Disability Rating ScheduleIndustrial InjuryPermanent DisabilityAttorney's FeesCommutationUniform Reduction MethodUniformly Increasing Reduction MethodState Average Weekly Wage
References
Case No. ADJ 4200496 (GRO 0030688)
Regular
Jan 19, 2010

FRANCISCO MARTINEZ-REYES vs. SOLAMAR FARMS, INC., STATE COMPENSATION INSURANCE FUND

This case concerns the proper method for calculating permanent disability award commutations for a farm laborer with 100% disability sustained on February 10, 2004. The applicant appeals the administrative law judge's decision favoring the Uniformed Reduction (UR) method, arguing the Uniformed Increasing Reduction (UIR) method better accounts for state average weekly wage (SAWW) increases mandated by Labor Code section 4659. The Appeals Board granted reconsideration, rescinded the prior decision, and remanded the case for a new decision. The Board found the UIR method better serves the goal of consistent periodic payments, and the SAWW increase commencement date was not moot.

Workers' Compensation Appeals BoardUniformed Reduction (UR)Uniformed Increasing Reduction (UIR)State Average Weekly Wage (SAWW)Permanent Disability AwardCommutationLabor Code Section 4659Life PensionTotal Permanent DisabilityCost of Living Adjustment (COLA)
References
Case No. ADJ7166686
Regular
Jul 24, 2012

RICHARD ANDERSON vs. JAGUAR/LANDROVER OF VENTURA, COMPWEST INSURANCE COMPANY

This case involves an applicant who suffered a stroke and subsequent 100% permanent disability following surgery for an industrial shoulder injury. The defendant sought reconsideration, arguing for apportionment to pre-existing conditions and challenging the attorney's fee calculation. The Appeals Board affirmed the 100% permanent disability finding, finding no basis for apportionment as the applicant's pre-existing conditions did not cause the disability itself. However, the Board modified the attorney's fee award, requiring commutation using a specific method and a 3% cost of living adjustment, finding the previously assumed 4.6% to be speculative.

Workers Compensation Appeals BoardRichard AndersonJaguar/Landrover of VenturaCompwest Insurance CompanyADJ7166686ReconsiderationFindings and AwardIndustrial InjuryBrain InjuryNeurological System
References
Case No. ADJ7971001
Regular
Apr 16, 2013

DARRYL OYAS vs. CALIFORNIA STATE DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

This case involves a dispute over the attorney's fees awarded in a workers' compensation claim for a 100% permanent disability award. The applicant's attorney argues the administrative law judge erred by excluding the State Average Weekly Wage (SAWW) adjustment factor and by using the Uniform Reduction method for commutation instead of the Uniform Increasing Reduction (UIR) method. The Appeals Board granted reconsideration to allow the judge to recalculate the attorney's fees, incorporating a reasonable SAWW adjustment and applying the UIR commutation method, while still considering factors for determining the fee's reasonableness. The Board emphasized separating the calculation of the award's commuted value from the determination of the attorney's fee percentage.

State Compensation Insurance FundWorkers' Compensation Appeals BoardFindings and AwardAttorney's FeePermanent DisabilityState Average Weekly Wage (SAWW)Uniform Increasing Reduction (UIR) methodCommutationStipulations with Request for AwardCorrectional Officer
References
Case No. ADJ7831450
Regular
May 07, 2013

MARIO RESENDIZ vs. JERRY HOLLENDORFER STABLES, CHARTIS INSURANCE

This case concerns applicant Mario Resendiz's claim for 100% permanent disability following a 2008 injury. The Appeals Board granted reconsideration, amending the original award to commence permanent total disability payments on March 20, 2010, rather than December 19, 2011. The Board affirmed the finding of 100% permanent disability but returned the matter for the trial judge to recalculate the applicant's attorney's fee. This recalculation must consider a cost of living adjustment (COLA) using a "uniformly increasing reduction" method and a reasonable predicted State Average Weekly Wage (SAWW) increase.

Workers Compensation Appeals BoardReconsiderationFindings and AwardPermanent Total DisabilitySpecific InjuryApportionmentSubstantial Medical EvidenceAttorney's FeeCommutationCost of Living Adjustment (COLA)
References
Case No. ADJ1342387 (SBR 0336882)
Regular
Feb 17, 2012

RAMON FELIZ vs. WIRED RITE ELECTRIC, STATE COMPENSATION INSURANCE FUND

This case concerns a dispute over the attorney's fee award for an applicant who suffered a total permanent disability. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to modify the administrative law judge's (ALJ) order regarding attorney fees. The WCAB found the 15% fee reasonable but reversed the ALJ's denial of commutation. The WCAB ordered the attorney's fees to be commuted using a uniformly increasing reduction method with a 3% cost-of-living adjustment, determining this was in the best interests of both the applicant and his attorney.

WCABPetition for ReconsiderationPermanent Total DisabilityAttorney's FeesCommutationUniformly Increasing Reduction MethodCost-of-Living Adjustment (COLA)State Average Weekly Wage (SAWW)Disability Evaluation Unit (DEU)Life Pension
References
Case No. ADJ4292283 (SRO 0134365)
Regular
Dec 24, 2012

SYLVIA MILES vs. WAL-MART, INC., Permissibly Self-Insured

The Appeals Board granted reconsideration to re-evaluate an interim attorney's fee awarded in a permanent total disability case. Initially, the WCJ awarded $49,286.16, but the applicant's attorney argued it was unreasonably low and should account for Cost of Living Adjustments (COLAs). The Appeals Board rescinded the WCJ's decision, finding the attorney entitled to a 15% fee on the commuted present value of the lifetime award, including COLAs. This revised fee, calculated with a 3% COLA effective January 1, 2008, totals $94,985.91, commuted using the "uniformly increasing reduction method."

Workers' Compensation Appeals BoardPermanent Total DisabilityAttorney FeeReconsiderationCost of Living Adjustment (COLA)Labor Code Section 4659(c)Commuted ValuePresent Value CalculationsUniformly Increasing Reduction MethodLodestar Calculation
References
Case No. ADJ2176267 (SRO 0135757)
Regular
Oct 22, 2013

JON POWASNICK vs. SONOMA DEVELOPMENTAL CENTER

The Appeals Board affirmed the WCJ's award of 88% permanent disability and denied the applicant's claim for Subsequent Injuries Fund benefits. However, the Board remanded the case to the trial level for recalculation of the applicant's attorney's fee from life pension payments. This recalculation must commute the fee using the "uniformly increasing reduction" method and a reasonable predicted State Average Weekly Wage increase, accounting for Cost of Living Adjustments. The WCJ's determination of the permanent disability percentage and the denial of SIF benefits were upheld.

Workers' Compensation Appeals BoardReconsiderationPermanent DisabilitySubsequent Injuries FundAttorney's FeeCommutationLife PensionCost of Living AdjustmentState Average Weekly WageUniformly Increasing Reduction
References
Case No. ADJ3418200 (SJO 0251518)
Regular
Oct 28, 2013

MARC ANEMONE vs. SASCO ELECTRIC, TRAVELERS

The Workers' Compensation Appeals Board (WCAB) reconsidered a prior decision awarding applicant $100\%$ permanent disability and a substantial attorney fee. The defendant argued that the $100\%$ permanent disability award was legally excessive, citing *Brodie v. Workers' Comp. Appeals Bd.*, and sought apportionment for psychiatric and internal injuries. The WCAB affirmed the original findings and award, adopting the WCJ's reasoning and finding the chosen commutation method for attorney fees appropriate. This method accounts for future increases in applicant's disability payments due to SAWW adjustments.

Petition for ReconsiderationFindings and Awardindustrial injurypermanent disabilityattorney feescommutationuniformly increasing reductionstate average weekly wageSAWW adjustmentsLabor Code section 4659(c)
References
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