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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ9234995
Regular
Sep 06, 2016

JASON ROMAN vs. COUNTY OF RIVERSIDE

The applicant sought reconsideration of a WCJ's decision denying his Labor Code section 132a claim, which alleged unlawful termination due to his work injury. The applicant argued the employer failed to prove business necessity for termination and improperly denied him a promotional service writer position. The Board granted reconsideration, finding further record development necessary on the 132a claim, particularly regarding the denial of the service writer position. The case is returned to the trial level for further proceedings.

Labor Code 132aPetition for ReconsiderationBusiness NecessityReasonable AccommodationService Writer PositionPromotional PositionHigher SalaryWCJ Report and RecommendationAppeals BoardStatutory Rights
References
Case No. ADJ198279 (VNO 0510947) ADJ3495790 (VNO 0506075)
Regular
May 04, 2009

MICHAEL BONNER vs. CITY OF LOS ANGELES; permissibly self-insured, administered by TRISTAR RISK MANAGEMENT

This case involves a firefighter, Michael Bonner, seeking workers' compensation benefits. The defendant, City of Los Angeles, sought reconsideration of a prior award granting temporary disability (TD) benefits and a penalty for unreasonable delay. The Appeals Board denied the reconsideration, holding that Labor Code section 4850 salary continuation benefits for firefighters are distinct from temporary disability and do not count against the two-year TD limit under Labor Code section 4656(c)(1). The Board affirmed the penalty, finding the City's attempt to conflate these benefits to limit TD payments unreasonable.

Labor Code section 4850Labor Code section 4656(c)(1)temporary disabilitysalary continuationInjury on Duty (IOD) timefirefighterCity of Los Angelescollective bargaining agreementWCJpetition for reconsideration
References
Case No. ADJ6692365
Regular
Jul 15, 2011

JERRY HARTLEY vs. BART, ATHENS ADMINISTRATORS

In this workers' compensation case, the Appeals Board granted reconsideration, amending the original award. The Board found the defendant liable for a 10% penalty due to an unreasonable delay in paying permanent disability indemnity. Additionally, the applicant is entitled to a 15% increase in his permanent disability rate, effective January 13, 2006, because the employer failed to issue the required notice. The Board affirmed other aspects of the original award, including previously assessed penalties and vocational rehabilitation benefit settlements.

Labor Code section 5814Labor Code section 4658Supplemental Job Displacement Benefitvocational rehabilitationpermanent disability indemnitycumulative trauma injuryindustrial injuryunreasonable delayPetition for ReconsiderationDecision After Reconsideration
References
Case No. ADJ7033087
Regular
Jul 03, 2012

Alan Beaven, Deceased Kimberly Beaven, Widow vs. Berman, Devalerio Pease & Tabacco, State Compensation Insurance Fund

This case concerns a petition for reconsideration filed by the defendant employer, SCIF, after a Stipulated Findings and Award was issued. The WCJ recommended denying the petition, finding no evidence of mutual mistake or fraud to justify setting aside the award. The award, which provided death benefits to the decedent's dependents, was agreed upon by the parties despite the WCJ warning the defendant that they were offering more benefits than statutorily required. Ultimately, the Workers' Compensation Appeals Board dismissed the petition for reconsideration as it had been withdrawn by the petitioner.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissed PetitionStipulated Findings and AwardDeath BenefitsTerrorist ActivitySeptember 112001Injury Resulting in DeathGAL for Minor
References
Case No. POM 0261983
Regular
Feb 08, 2009

SARA LARA vs. POMONA UNIFIED SCHOOL DISTRICT, CALIFORNIA COMPENSATION INSURANCE/BROADSPIRE

The lien claimant, Premier Outpatient Surgery Center, sought reconsideration of an administrative law judge's decision that reduced their billed costs for applicant's medical treatment. The Workers' Compensation Appeals Board denied the petition, upholding the judge's finding that the billed costs were unreasonable and that the lien claimant failed to present a persuasive case supporting their charges. The Board also found no evidence of a violation of Labor Code section 4603.2 regarding timely reimbursement.

Kunz v. PattersonWCABLien claimantAmended Findings of FactReasonable and necessary costsBilled costs unreasonableStipulations with Request for AwardIndustrial injuryBilateral upper extremitiesNeck injury
References
Case No. ADJ2729327 (LBO 0391418)
Regular
Dec 14, 2010

Shane Haring vs. COUNTY OF LOS ANGELES

This case involved a police trainee injured in 2007 who later became a full-time police officer, a position eligible for Labor Code Section 4850 benefits. The applicant sought Section 4850 benefits for a period of temporary disability in 2009 stemming from the original 2007 injury. The defendant argued these benefits were inapplicable as the applicant was a trainee at the time of the injury. The Workers' Compensation Appeals Board denied the defendant's reconsideration, holding that Section 4850 benefits are determined by the applicant's status at the time of disability, not injury. The Board affirmed the WCJ's finding that the applicant was entitled to these benefits from the period of his 2009 temporary disability.

Labor Code Section 4850Police OfficerPolice TraineeTemporary DisabilityPermanent DisabilityReconsiderationFindings of FactStipulated AwardIndustrial InjuryLeave of Absence
References
Case No. ADJ864227 (LBO 350573) ADJ1635667 (LBO 350607)
Regular
Dec 29, 2008

LUIS ECHEVARRIA vs. FALCON WEST, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and reversed the trial judge's award of attorney's fees under Labor Code section 5814.5. The Board reasoned that section 5814.5 requires an award of attorney's fees to be "in addition to" increased compensation under section 5814, which was not sought or awarded here. Furthermore, the Board found that any delay in payment was not unreasonable due to a good-faith dispute over the net settlement amount.

WORKERS' COMPENSATION APPEALS BOARDLUIS ECHEVARRIAFALCON WESTINC.STATE COMPENSATION INSURANCE FUNDADJ864227ADJ1635667OPINION AND ORDER GRANTING RECONSIDERATIONDECISION AFTER RECONSIDERATIONFindings and Orders
References
Case No. ADJ13344688
Regular
Oct 13, 2020

MICHAEL SMITH vs. G4S SECURE SOLUTIONS, AMERICAN HOME ASSURANCE

The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior decision, and substituted new findings of fact. The Board agreed the employer offered suitable employment that the applicant unreasonably refused, thus terminating liability for temporary disability payments. However, they deferred the issue of temporary disability entitlement based on future medical reporting, rather than denying it outright. The Board adopted the WCJ's credibility determinations supporting the employer's position.

Petition for ReconsiderationTemporary DisabilityUnreasonable RefusalModified DutyWork RestrictionsMedical ReportingFindings of FactRescinded DecisionCredibility DeterminationsHealing Period
References
Case No. ADJ3857516 (VNO 0505788)
Regular
Sep 20, 2013

ALBERTO ALCAZAR vs. PACTIV CORPORATION

This case involves a worker's compensation claim where the employer, Pactiv Corporation, was found to have unreasonably delayed necessary medical treatment, including transportation and home care. The Appeals Board modified a prior decision, finding the unreasonable delay occurred from December 20, 2010, to March 2, 2011, and reduced the penalty from 25% to 15% of the delayed benefits. The Board reversed the penalty for two instances of transportation failure by a hired company, deeming it not the employer's unreasonable conduct. Finally, attorney fees were reduced as some services were deemed unnecessary for the period of unreasonable delay.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of FactAward and OrderUnreasonable DelayMedical TreatmentTransportationHome Care AssistanceLabor Code section 5814Penalty
References
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