Updated Daily

Case Law Database

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

Case No. VNO 0492098

Regular

Feb 07, 2008

LAILA BOUCHER vs. 21ST CENTURY INSURANCE COMPANY, NATIONAL UNION FIRE INSURANCE COMPANY, AIG Claim Services, Inc.

The Appeals Board granted reconsideration on its own motion due to a lack of substantial evidence supporting the Workers' Compensation Judge's (WCJ) findings on permanent disability and apportionment. The WCJ declared the medical reports regarding the applicant's back problems not credible, yet issued rating instructions not based on medical evidence. The case is returned to the trial level for further proceedings, including the potential appointment of an Agreed Medical Evaluator to supplement the record.

Workers' Compensation Appeals BoardReconsiderationApportionmentPermanent DisabilitySubstantial EvidenceMedical TreatmentQualified Medical EvaluatorPrimary Treating PhysicianWCJAgreed Medical Evaluator

References

Case No. VNO 447332, VNO 447334, VNO 467294

Regular

Dec 03, 2007

WILLIAM ROCCO vs. LANCASTER SCHOOL DISTRICT, AMERICAN CASUALTY INSURANCE CO., TIG INSURANCE COMPANY

The Appeals Board granted reconsideration and rescinded the prior decision, finding that the WCJ's handling of the Statute of Limitations defense in Case No. VNO 447334 requires further development of the record regarding potential tolling or estoppel. The Board returned Cases No. VNO 447332 and VNO 447334 to the trial level for further proceedings and a new decision, while affirming the WCJ's finding of no industrial injury in Case No. VNO 467294. The Board clarified that estoppel was timely raised in post-trial briefs and that the employer's knowledge of the applicant's compensation rights is crucial to the Statute of Limitations defense.

Workers' Compensation Appeals BoardIndustrial InjuryStatute of LimitationsEstoppelTollingQualified Medical EvaluatorCumulative TraumaSpecific InjuryAffirmative DefenseDWC-1 Claim Form

References

Case No. VNO 0407448

Regular

Feb 19, 2008

MICHAEL GALLAGHER vs. GENERAL MOTORS SERVICE PARTS OPERATIONS, SEDGWICK CLAIMS MANAGEMENT

The Workers' Compensation Appeals Board (WCAB) granted General Motors' petition for reconsideration, rescinding the prior award due to insufficient medical evidence on the causation of the applicant's right hip injury. The WCAB found that the judge erred in linking the hip pain to prior industrial back injuries and ordered the case returned for further development of the record, including addressing apportionment for a prior 1988 award. The Board also noted the need to clarify if the hip injury constituted a new cumulative trauma injury and how it should be rated under current schedules.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition to ReopenPermanent DisabilityApportionmentLabor Code section 4664Right Hip InjuryCausationNew and Further Disability2005 Schedule for Rating Permanent Disabilities

References

Case No. ADJ3555873 (VNO 0209621) MF ADJ3421265 (VNO 0209618) ADJ1755525 (VNO 0209619 ADJ2880824 (VNO 0209620) ADJ138082 (VNO 0483457)

Regular

Jan 25, 2013

GUADALUPE SERRANO vs. GENERAL MOTORS CORPORATION

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration, increasing her permanent disability award to 100%. The Board found that the defendant failed to prove overlap between the applicant's prior 5.25% permanent disability award for a thumb injury and her current total disability caused by fibromyalgia affecting multiple body regions. Defendant's petition for reconsideration was dismissed as untimely. The decision effectively reversed the administrative law judge's apportionment, recognizing the widespread impact of the fibromyalgia.

FibromyalgiaApportionmentLabor Code section 4664(c)Permanent DisabilityOverlapReconsiderationWorkers' Compensation Appeals BoardIndustrial InjuryUpper ExtremitiesMotor Vehicle Assembly Line Worker

References

Case No. ADJ3283274 (VNO 0386537) ADJ4545965 (VNO 0386536) ADJ3421140 (VNO 0347301)

Regular

Jan 25, 2010

BARBARA STRAUSS vs. WEST MARINE, INC., CIGA for RELIANCE in liquidation, TRAVELERS PROPERTY CASUALTY, FIREMAN'S FUND

This case involves a clerical error in the caption of a prior Workers' Compensation Appeals Board (WCAB) order denying reconsideration. The error involved the incorrect assignment of ADJ and VNO numbers to the relevant case numbers. The WCAB is correcting this error to accurately reflect the case numbers as ADJ3283274 and VNO 0386537. This correction ensures proper record-keeping for applicant Barbara Strauss and defendants West Marine, Inc., et al.

Workers' Compensation Appeals BoardOrder Denying ReconsiderationFindings and AwardAdministrative Law JudgeClerical ErrorCorrected Case NumberADJ NumberVNO NumberReversal of NumbersLiquidation

References

Case No. VNO 0525708, VNO 0494555

Regular

Mar 17, 2008

ANTHONY PARKER vs. COUNTY OF LOS ANGELES

The Workers' Compensation Appeals Board granted reconsideration to review an award finding applicant sustained 17% permanent disability for a back injury and cumulative trauma, attributing 25% to "other factors" and rejecting the defendant's claim of full overlap with a prior award. After further review, the Board affirmed the original award, adopting the WCJ's reasoning. Therefore, the applicant's award for permanent disability remains as originally determined.

Workers' Compensation Appeals BoardPetition for ReconsiderationJoint Findings of Fact and AwardPermanent DisabilityCumulative Trauma InjuryPrior AwardOverlapLabor Code section 4663Other FactorsReport and Recommendation

References

Case No. VNO 0413681, VNO 0469245

Regular

Mar 24, 2008

JANET ANN SAMBAR vs. SANTA CLARITA HEALTH CARE ASSOCIATES dba HENRY MAYO NEWHALL MEMORIAL HOSPITAL, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for SUPERIOR NATIONAL INSURANCE COMPANY, TRAVELERS INSURANCE COMPANY

The Workers' Compensation Appeals Board granted Travelers Insurance Company's petition for reconsideration, reversing its prior decision that held Travelers liable for a portion of applicant's cumulative trauma injury. The Board determined that Travelers' prior stipulation was not binding in the contribution arbitration with CIGA, as CIGA was not a party to that stipulation. The Board reinstated the Arbitrator's finding that applicant's date of injury was August 14, 2000, during the coverage period of Superior National Insurance Company, and that no injurious exposure occurred while Travelers was the insurer.

Workers' Compensation Appeals BoardCumulative TraumaLabor Code $\S$ 5500.5Insurance Guarantee Association (CIGA)Superior National Insurance CompanyTravelers Insurance CompanyPetition for ContributionStipulationArbitrationDate of Injury

References

Case No. ADJ1028082; (VNO 418963) ADJ1374423; (VNO 340657)

Regular

Sep 26, 2008

MICHAEL PERRY vs. STUDENT WORKS PAINTING, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for CALIFORNIA COMPENSATION, BROADSPIRE SERVICES, INC., PACIFIC THERMOGRAPHERS / TAYLOR CORPORATION, SAFECO INSURANCE COMPANY

Reconsideration granted. Findings and Award in VNO 418963 amended to correct errors; VNO 340657 amended to reflect apportionment, award rescinded for further proceedings on future medical treatment liability.

CIGACalCompBroadspireSafecoApportionmentReconsiderationFindings and AwardAgreed Medical ExaminersCumulative TraumaSpecific Injury

References

Case No. ADJ7941925 (VNO 0120392) ADJ2139821 (VNO 0472608)

Regular

Mar 25, 2013

KIM A. ALLEN vs. CITY OF PASADENA

The Workers' Compensation Appeals Board granted reconsideration, rescinded the WCJ's decision, and returned the case to the trial level. The defendant argued that the WCJ erred in finding industrial causation for the applicant's coronary artery disease, citing res judicata and the issue not being properly raised. However, the Board found no substantial medical evidence supported the finding of industrial injury for the current condition, necessitating further proceedings. The applicant had prior stipulated awards for heart conditions, but the coronary artery disease was alleged as a new problem.

Workers' Compensation Appeals BoardCity of PasadenaPermissibly Self-InsuredFindings of FactInjury AOE/COECoronary Artery DiseaseCardiovascular SystemFirefighterCumulative PeriodRes Judicata

References

Case No. ADJ118892 (VNO 0442877) ADJ1041834 (VNO 0436039)

Regular

TAMARA O'KEEFE vs. COSTCO WHOLESALE, INC.

This order denies Costco Wholesale's petition for reconsideration in the workers' compensation case of Tamara O'Keefe. The Workers' Compensation Appeals Board (WCAB) adopted the report of the workers' compensation administrative law judge (WCJ) as its reasoning for denial. The specific grounds for denial are detailed within the WCJ's report, which is incorporated by reference. Therefore, the WCAB has upheld the prior decision and denied the employer's request for review.

ADJ118892VNO 0442877ADJ1041834VNO 0436039O'KeefeCostco WholesaleSedgwick CMSDeny ReconsiderationWCJ ReportAppeals Board

References

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Updated Daily

Case Law Database

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

Case No. VNO 0492098

Regular

Feb 07, 2008

LAILA BOUCHER vs. 21ST CENTURY INSURANCE COMPANY, NATIONAL UNION FIRE INSURANCE COMPANY, AIG Claim Services, Inc.

References

Case No. VNO 447332, VNO 447334, VNO 467294

Regular

Dec 03, 2007

WILLIAM ROCCO vs. LANCASTER SCHOOL DISTRICT, AMERICAN CASUALTY INSURANCE CO., TIG INSURANCE COMPANY

Workers' Compensation Appeals BoardIndustrial InjuryStatute of LimitationsEstoppelTollingQualified Medical EvaluatorCumulative TraumaSpecific InjuryAffirmative DefenseDWC-1 Claim Form

References

Case No. VNO 0407448

Regular

Feb 19, 2008

MICHAEL GALLAGHER vs. GENERAL MOTORS SERVICE PARTS OPERATIONS, SEDGWICK CLAIMS MANAGEMENT

References

Case No. ADJ3555873 (VNO 0209621) MF ADJ3421265 (VNO 0209618) ADJ1755525 (VNO 0209619 ADJ2880824 (VNO 0209620) ADJ138082 (VNO 0483457)

Regular

Jan 25, 2013

GUADALUPE SERRANO vs. GENERAL MOTORS CORPORATION

FibromyalgiaApportionmentLabor Code section 4664(c)Permanent DisabilityOverlapReconsiderationWorkers' Compensation Appeals BoardIndustrial InjuryUpper ExtremitiesMotor Vehicle Assembly Line Worker

References

Case No. ADJ3283274 (VNO 0386537) ADJ4545965 (VNO 0386536) ADJ3421140 (VNO 0347301)

Regular

Jan 25, 2010

BARBARA STRAUSS vs. WEST MARINE, INC., CIGA for RELIANCE in liquidation, TRAVELERS PROPERTY CASUALTY, FIREMAN'S FUND

Workers' Compensation Appeals BoardOrder Denying ReconsiderationFindings and AwardAdministrative Law JudgeClerical ErrorCorrected Case NumberADJ NumberVNO NumberReversal of NumbersLiquidation

References

Case No. VNO 0525708, VNO 0494555

Regular

Mar 17, 2008

ANTHONY PARKER vs. COUNTY OF LOS ANGELES

References

Case No. VNO 0413681, VNO 0469245

Regular

Mar 24, 2008

JANET ANN SAMBAR vs. SANTA CLARITA HEALTH CARE ASSOCIATES dba HENRY MAYO NEWHALL MEMORIAL HOSPITAL, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for SUPERIOR NATIONAL INSURANCE COMPANY, TRAVELERS INSURANCE COMPANY

References

Case No. ADJ1028082; (VNO 418963) ADJ1374423; (VNO 340657)

Regular

Sep 26, 2008

MICHAEL PERRY vs. STUDENT WORKS PAINTING, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for CALIFORNIA COMPENSATION, BROADSPIRE SERVICES, INC., PACIFIC THERMOGRAPHERS / TAYLOR CORPORATION, SAFECO INSURANCE COMPANY

CIGACalCompBroadspireSafecoApportionmentReconsiderationFindings and AwardAgreed Medical ExaminersCumulative TraumaSpecific Injury

References

Case No. ADJ7941925 (VNO 0120392) ADJ2139821 (VNO 0472608)

Regular

Mar 25, 2013

KIM A. ALLEN vs. CITY OF PASADENA

Workers' Compensation Appeals BoardCity of PasadenaPermissibly Self-InsuredFindings of FactInjury AOE/COECoronary Artery DiseaseCardiovascular SystemFirefighterCumulative PeriodRes Judicata

References

Case No. ADJ118892 (VNO 0442877) ADJ1041834 (VNO 0436039)

Regular

TAMARA O'KEEFE vs. COSTCO WHOLESALE, INC.

ADJ118892VNO 0442877ADJ1041834VNO 0436039O'KeefeCostco WholesaleSedgwick CMSDeny ReconsiderationWCJ ReportAppeals Board

References

Showing 1-10 of 941 results

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