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

Case No. ADJ10713529
Regular
Nov 30, 2017

MARIA SOSA vs. CINTAS CORPORATION, TRAVELERS PROPERTY AND CASUALTY INSURANCE COMPANY OF AMERICA, SEDGWICK

The Workers' Compensation Appeals Board granted reconsideration of a prior award finding applicant entitled to temporary total disability. The Board found insufficient evidence regarding applicant's specific job duties and whether they conflicted with the agreed medical evaluator's work restrictions. Therefore, the case is returned to the trial level for further development of the record, specifically for the AME to review a detailed job analysis. This is to determine if applicant could have continued her usual and customary duties but for her termination for cause.

Temporary total disabilityPetition for ReconsiderationFindings and AwardAgreed Medical Evaluator (AME)Work restrictionsTermination for causeJob dutiesFurther proceedingsDevelop the recordModified work
References
Case No. ADJ1039908 (RDG 0121430)
Regular
Nov 07, 2008

AYON vs. CLIFF'S AUTO CENTER, Uninsured, UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the finding that the applicant is entitled to a Job Displacement Voucher. The applicant sustained an industrial injury causing permanent disability and did not return to work for the defendant within 60 days of temporary disability termination. Therefore, the applicant is eligible for a nontransferable voucher of up to $6,000 for educational retraining or skill enhancement, as defined by Labor Code § 4658.5.

Job Displacement VoucherUninsured Employers Benefits Trust FundStipulated AwardPermanent DisabilitySupplemental Job Displacement BenefitLabor Code § 4658.5Nontransferable VoucherEducation-Related RetrainingSkill EnhancementVocational Return to Work Counselor
References
Case No. AD-J7246984
Regular
Apr 05, 2016

COURDES ESTRADA vs. OXNARD HARVEST COMPANY, LIBERTY MUTUAL INSURANCE COMPANY

This case concerns a lien claimant's petition for reconsideration of a Workers' Compensation Appeals Board decision. The claimant argued the administrative law judge (WCJ) erred in valuing their services at $105,972.59 and denying interest. The Board denied reconsideration, finding the bill reviewer appropriately considered usual and customary charges and relied on a reasonable cost basis per administrative directives. The Board also found the defendant complied with Labor Code section 4603.2 regarding payment and explanation of bill review.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardLien claimantMonrovia Memorial HospitalInnovative Medical Managementreasonable value of servicesinterest on awardindependent bill reviewerusual and customary charges
References
Case No. ADJ1302099 VNO 0428414 ADJ2831520 VNO 0428415 ADJ1428493 VNO 0435244
Regular
Nov 16, 2012

NAVIDAD LOPEZ vs. SUPERBA, INC., STATE COMPENSATION INSURANCE FUND

This case involves a dispute over the amount allowed for Dr. Silver's medical treatment lien. The Workers' Compensation Appeals Board (WCAB) granted reconsideration of the administrative law judge's (WCJ) decision that allowed $1,439.82 of the lien. Dr. Silver argued for payment at his usual and customary charges, not the Official Medical Fee Schedule (OMFS) rates, and requested penalties and interest. The WCAB affirmed the WCJ's decision, finding that Dr. Silver waived his right to contest the OMFS application by failing to object to an independent bill review or cross-examine the reviewer. Therefore, the WCAB amended the award to rescind the award of interest, but otherwise affirmed the $1,439.82 payment to Dr. Silver.

Workers' Compensation Appeals BoardLien ClaimantReconsiderationOfficial Medical Fee ScheduleCompromise and ReleaseBill ReviewIndependent Bill Review ExpertSubstantial EvidenceStatutory PenaltyLabor Code
References
Case No. ADJ8336161
Regular
Dec 31, 2012

Patrick Despres vs. Pacific Titan, Inc., Seabright Insurance Company

The Workers' Compensation Appeals Board granted reconsideration and amended a previous award. The applicant, a painter injured in 2011, was found to have unreasonably refused modified work offered by the defendant. Consequently, the applicant is not entitled to temporary total disability indemnity from May 12, 2012, to September 19, 2012, and no attorney's fees can be awarded from this period.

Workers' Compensation Appeals BoardPatrick DespresPacific Titan Inc.Seabright Insurance Companyindustrial injuryleft kneepaintertemporary total disabilityaverage weekly earningsindemnity rate
References
Case No. SJO 0264010
Regular
Feb 11, 2008

CIPRIANO LOMOTAN vs. GE INFRASTUCTURE SECURITY, MATRIX ABSENCE MANAGEMENT SERVICES

In *Lomotan v. GE Infrastructure Security*, the Appeals Board vacated a judge's notice of intention to impose sanctions and a related job analysis order. This decision followed a Commissioner's Conference where the parties reached a compromise and release resolving all issues, including vocational rehabilitation benefits. The Board found no basis for sanctions and determined the job analysis issue was moot due to the settlement.

RemovalAppeals BoardSupplemental OrderSanctionsWCJCommissioner's ConferenceCompromise and ReleaseVocational RehabilitationSupplemental Job Displacement BenefitsJob Analysis
References
Case No. ADJ8128282
Regular
Jan 23, 2014

ANGELA EGBIKUADJE vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, returning the case for further proceedings. The defendant, California Department of Corrections and Rehabilitation, argued that the applicant's psychiatric injury claim was preempted by the ADA and not proven under Labor Code section 3208.3. The Board found the original decision lacked proper analysis regarding predominant industrial causation and the good faith personnel action defense. Therefore, the case was remanded for further development of the record, including expert medical opinion on these issues.

Workers' Compensation Appeals BoardAngela EgbikuadjeCalifornia Department of Corrections and RehabilitationLegally UninsuredState Compensation Insurance FundADJ8128282Van Nuys District OfficeReconsiderationFindings and AwardIndustrial cumulative trauma injury
References
Case No. ADJ10548329
Regular
Jan 04, 2019

JOSE CORONA vs. KERN HIGH SCHOOL DISTRICT

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for reconsideration to further examine the factual and legal issues. The applicant sought reconsideration of a prior decision regarding an injury sustained while participating in a federal jobs program. Key issues on appeal include the calculation of temporary and permanent disability, and whether penalties or sanctions were warranted for the employer's actions concerning a job displacement voucher. The WCAB will issue a decision after further review.

Workers' Compensation Appeals BoardJose CoronaKern High School DistrictPetition for ReconsiderationLabor Code §5813Labor Code §5814Supplemental Job Displacement VoucherTemporary DisabilityPermanent DisabilityNational Farmworker Jobs Program
References
Case No. LAO 823855, LAO 823856
Regular
Oct 03, 2007

PEDRO M. RODRIGUEZ vs. RALPHS GROCERY COMPANY

The applicant sought reconsideration of a denial of workers' compensation benefits, which was based on the finding that his claims were filed after notice of termination. The Board affirmed the denial, concluding that the applicant's job abandonment led to a termination prior to the filing of his claims. The Board also determined that the employer properly denied both the specific and cumulative trauma claims, thus negating a presumption of compensability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderFindings of FactAdministrative Law JudgeApplicantDefendantRalphs Grocery CompanySecurity GuardIndustrial Injury
References
Case No. ADJ4638227 (LAO 0848464), ADJ519038 (LAO 0848465)
Regular
Oct 18, 2010

TINA ROBINSON vs. CITY OF LOS ANGELES

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award based on the defendant's argument that the applicant's permanent disability rating was incorrect. The Board found the record underdeveloped regarding the applicant's actual job duties as a traffic officer, which is crucial for determining the proper occupational group and variant under the 2005 Schedule. The case is returned to the trial level for further evidence and a new decision on the permanent disability issue.

ADJ4638227ADJ519038CITY OF LOS ANGELESTINA ROBINSONOccupational Group 4902005 Schedule for Rating Permanent Disabilitiesoccupational variantpermanent disability ratingJoint Findings and AwardReconsideration
References
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