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

Case No. MISSING
Regular Panel Decision

Claim of Tucci v. Kimball

Claimant, a nursery school teacher, sustained a work-related lower back injury in December 1974, leading to permanent partial disability and workers’ compensation benefits. Following a second laminectomy in 1993, she developed worsening urinary incontinence. The Workers’ Compensation Board affirmed a finding that claimant was totally disabled due to this condition, deeming it a consequence of her original work-related injury. The employer and its workers’ compensation carrier appealed. The appellate court affirmed the Board’s decision, noting that while conflicting medical opinions existed, the neurologist’s testimony provided substantial evidence to support the finding of total disability stemming from the 1974 injury.

work-related injurylower back injuryurinary incontinencepermanent partial disabilitytotal disabilitylaminectomymedical opinionsneurologist testimonysubstantial evidenceWorkers' Compensation Board
References
1
Case No. ADJ367916 (SFO 0438710)
Regular
Jan 04, 2017

KARAN SINGH vs. UNITED PRODUCTS, INC, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, SEDGWICK, CMS, FREMONT INDEMNITY COMPANY

In this workers' compensation case, the Appeals Board granted reconsideration of a judge's award of 100% permanent total disability for applicant Karan Singh. The defendant argued the judge improperly relied on a Qualified Medical Evaluator's report and that the evidence did not support industrial causation for incontinence. The Board rescinded the original decision because the trial exhibits were not properly identified, making meaningful review impossible. The case was returned to the trial level for further proceedings to establish a proper record and issue a new decision.

California Insurance Guarantee AssociationFremont Indemnity CompanyliquidationPetition for ReconsiderationFindings and AwardPermanent Total DisabilityQualified Medical EvaluatorDr. Steven Feinbergindustrial causationfecal incontinence
References
3
Case No. ADJ814506 (LAO 0730622)
Regular
Apr 13, 2012

MANUEL VALDOVINOS vs. ALTRA FILTERS, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, CAMBRIDGE for RELIANCE INSURANCE GROUP

The applicant and defendant jointly petitioned for removal and automatic reassignment of the Workers' Compensation Administrative Law Judge (WCJ) due to alleged delays and prejudice, arguing the WCJ's actions violated their right to an expeditious adjudication. The Appeals Board denied the petition, finding it untimely and lacking grounds for disqualification. The Board noted that removal is only granted for significant prejudice or irreparable harm, which was not demonstrated here. However, the Board expressed concern over the alleged delays and urged the parties and WCJ to proceed expeditiously.

Workers' Compensation Appeals BoardPetition for RemovalAutomatic ReassignmentJudge DisqualificationUntimely PetitionIrreparable HarmSignificant PrejudiceOrder Vacating Order of SubmissionLabor Code Section 5311Code of Civil Procedure Section 641
References
9
Case No. MISSING
Regular Panel Decision

Argonaut Southwest Insurance Co. v. Walker

Justice Ben Z. Grant concurs with the majority opinion, acknowledging that current statutes necessitate this agreement. However, he highlights a critical omission in the 1989 recodification of the Workers’ Compensation Act: the removal of Section 8307a. This section previously allowed for the transfer of workers’ compensation cases erroneously filed in the wrong county, a provision whose absence now prevents courts from addressing the merits of such cases. Justice Grant urges the Legislature to reconsider this issue to allow for proper case transfers in the future.

legislative historystatutory interpretationWorkers' Compensation Actjurisdictionvenuecase transferjudicial reviewconcurring opinionlegislative intent
References
2
Case No. ADJ3014811 (SFO 0511804)
Regular
Jul 09, 2010

ROBERT SULLIVAN vs. TASTE CATERING, FIRST COMP OMAHA

The Workers' Compensation Appeals Board granted reconsideration of a prior award, rescinding the temporary disability rate calculated based on the applicant's estimated tip income. The Board found the applicant's uncorroborated testimony regarding tips lacked credibility, particularly due to contradictory tax return information. The matter was returned to the trial level for further proceedings, urging the parties to agree on earnings or present substantial evidence. This decision emphasizes that earnings calculations must be supported by substantial evidence, not just applicant testimony.

Average Weekly EarningsTips IncomeEDD Wage StatementIndustrial InjuryTemporary Total DisabilityPermanent and StationarySubstantial EvidenceCredible TestimonyTax ReturnUnderreported Tip Income
References
3
Case No. ADJ9803664
Regular
Dec 04, 2015

JUAN GONZALEZ (Deceased), DEPARTMENT OF INDUSTRIAL RELATIONS, DEATH WITHOUT DEPENDENTS UNIT vs. CALIFORNIA HIGHWAY PATROL DISABILITY & RETIREMENT, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted removal and rescinded a judge's order that stayed proceedings pending the outcome of a probate case. The WCAB determined that probate court findings have limited relevance to determining workers' compensation death benefits and that the WCAB has sole jurisdiction over dependency issues. By staying the proceedings, the judge's order caused significant prejudice to the defendant, SCIF, by hindering discovery and resolution of a potential partial dependency claim. The matter was reset for further proceedings, with parties urged to attempt informal settlement.

Death benefitsDependencyWorkers' Compensation Appeals BoardPetition for RemovalMandatory Settlement ConferenceProbate proceedingsLabor CodeCalifornia Highway PatrolState Compensation Insurance FundDeath Without Dependents Unit
References
1
Case No. ADJ9202287
Regular
Nov 10, 2016

Steven Picazzo vs. U.S. Security Associates, Liberty Mutual Insurance Company, Loyola Marymount, Travelers

The applicant sought removal of an order taking his case off calendar, arguing it deprived him of a trial on his entitlement to a wheelchair van. The WCAB denied removal, finding no substantial prejudice or irreparable harm as the applicant had already purchased a van, and any reimbursement issue could be addressed later. The Board reasoned the urgency of an expedited hearing diminished once the applicant self-procured the van. Commissioner Sweeney dissented, believing the applicant showed potential prejudice due to ongoing denial of transportation services for a serious illness and urging immediate intervention.

Petition for RemovalExpedited HearingWCJ OrderWheelchair Accessible VanUtilization ReviewMedical TreatmentReimbursementSubstantial PrejudiceIrreparable HarmOff Calendar
References
0
Case No. MISSING
Regular Panel Decision

Sinsheimer v. United Garment Workers of America

This case involves an appeal concerning a denied injunction request filed by a clothing manufacturers' association against an operatives' association. The manufacturers sought to prevent the operatives from issuing circulars to tradesmen, which urged them to discontinue business with the plaintiffs. The court observed that both parties engaged in similar tactics, with the manufacturers threatening to discharge operatives and the defendants calling for boycotts. Finding no evidence of violence or illegal threats by the operatives, and noting that both sides employed similar methods, the court concluded that the plaintiffs did not approach the court with "clean hands." Consequently, the appellate court reversed the injunction order and denied the motion.

Labor disputeInjunctionTrade unionEmployers' associationBoycottClean hands doctrineAppellate reviewFreedom of associationEconomic coercionIndustrial relations
References
0
Case No. ADJ7430667
Regular
May 28, 2013

BIN GUO vs. JP ORIGINAL CORPORATION, OAK RIVER INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and rescinded dismissals of several lien claims. The dismissals were based on the failure to pay a lien activation fee prior to a 2013 lien trial. However, the Board found this error due to a recent interpretation of Labor Code section 4903.06. The Board noted that the Declaration of Readiness was filed and the lien conference occurred before January 1, 2013, making the fee payment requirement inapplicable to the lien trial. The matter was returned for further proceedings, with the Board strongly urging consideration of sanctions against the lien claimants' representative for abandoning the trial.

Lien activation feePetition for ReconsiderationWorkers' Compensation Appeals BoardWCJDeclaration of ReadinessLien ConferenceLien TrialExcusable NeglectSanctionsLabor Code section 4903.06
References
2
Case No. MISSING
Regular Panel Decision

Smith v. C.R. Bard, Inc.

Plaintiff Michael Smith sued C.R. Bard, Inc. alleging retaliatory discharge under various acts, including the False Claims Act and Tennessee Public Protection Act. Smith claimed he was terminated for reporting the defendant's alleged off-label promotion of Tegress for male incontinence. The Court granted the defendant's motion for summary judgment and denied the plaintiff's, finding Smith's complaints were motivated by personal liability concerns, not public good, and he failed to establish causation for his termination. The plaintiff's Tennessee False Claims Act claim was also deemed abandoned due to lack of pleading.

Retaliatory DischargeFalse Claims ActWhistleblower ProtectionSummary JudgmentEmployment LawOff-label PromotionMedical DevicesTennessee Public Protection ActCausationPublic Policy Exception
References
52
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