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

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The Appeals Board granted reconsideration and rescinded the prior decision, finding that the WCJ's handling of the Statute of Limitations defense in Case No. VNO 447334 requires further development of the record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
5
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
0
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 Findings and Award in VNO 418963 amended to correct errors; VNO 340657 amended to reflect apportionment, award rescinded for further proceedings on future medical treatment liability.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
14
Case No. VNO 460039
Regular
Dec 31, 2007

VALANDA HARVILLE vs. LOS ANGELES UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board dismissed Valanda Harville's petition for reconsideration because it was filed untimely, exceeding the 25-day statutory limit. The Board also indicated that even if timely, the petition would have been denied on the merits, as the administrative law judge's original findings were sound. Therefore, the applicant's case for a compensable industrial injury to her knees and shoulder was ultimately dismissed.

Workers' Compensation Appeals BoardLegally UninsuredPetition for ReconsiderationFindings and OrderCompensable Industrial InjuryLabor CodeCode of Civil ProcedureCalifornia Code of RegulationsJurisdictional Time LimitUntimely Petition
References
2
Case No. VNO 475856, VNO 447039, VNO 447045, VNO 447094, VNO 447095, VNO 448064, VNO 461057
Regular
Jan 17, 2008

ORALIA MONGE vs. LATIN AMERICAN CIVIC ASSOCIATION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision. After review, the WCAB affirmed the original findings and orders served on September 5, 2007, in multiple cases involving applicant Oralia Monge and defendants Latin American Civic Association and State Compensation Insurance Fund. The decision was finalized and served on January 17, 2008.

Workers' Compensation Appeals BoardReconsiderationOpinion and DecisionAffirmationCase NumbersApplicantDefendantsState Compensation Insurance FundBradford & Barthel LLPFloyd Skren & Kelly LLP
References
0
Case No. VNO 479308, VNO 469079, VNO 496106, VNO 395924, VNO 395925
Regular
Sep 20, 2007

TYRONE PLAYER vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, SEDGWICK CMS

The Workers' Compensation Appeals Board denied Tyrone Player's petition for reconsideration, affirming the previous award. The Board found that the applicant failed to establish a causal link between his employment and claimed injuries of vision and headaches, as the medical evidence presented was not substantial. Furthermore, the Board concluded that reopening the medical record was unwarranted given the applicant's prior opportunities to obtain adequate evidence.

Petition for ReconsiderationJoint Findings and Awardspecific industrial injuriescumulative trauma injurymaintenance workerLos Angeles Unified School Districtvision injuryheadachespermanent disabilityLabor Code section 4664(b)
References
3
Case No. VNO 0441119; VNO 0367459 VNO 0463692; VNO 0534962 VNO 0534964
Regular
Apr 07, 2008

BRADLEY PONSFORD vs. HOUSING AUTHORITY, CITY OF LOS ANGELES, SOUTHERN CALIFORNIA RISK MANAGEMENT AGENCY

The defendant sought reconsideration of a workers' compensation award based on stipulated facts concerning the applicant's injury and indemnity payments. The defendant contended there was a mutual mistake of fact regarding credit for permanent disability advances. However, the Workers' Compensation Appeals Board dismissed the petition as untimely, as it was filed three days after the statutory deadline for reconsideration. The Board found the defendant failed to meet the jurisdictional time limit for filing the petition.

Industrial injuryBilateral kneesBilateral shouldersPolice officerTemporary disability indemnityPermanent disabilityStipulationsMutual mistake of factPermanent disability advancesPetition for reconsideration
References
2
Case No. VNO 113665 VNO 113666 VNO 113667 VNO 113668
Regular
Aug 06, 2007

MARIA A. GARCIA vs. CITY OF LOS ANGELES LIBRARY SERVICES

The Workers' Compensation Appeals Board granted reconsideration and reversed a WCJ's award of penalties and attorney fees against the City of Los Angeles for delayed payment of home healthcare charges. The Board found that while payments were delayed, Labor Code section 5814(e) bars penalties when the only dispute concerns the payment of a provider's bill, not a denial of treatment. Furthermore, the Board found no basis to assess penalties under Labor Code section 5814.6 for a pattern of business practice violation.

Labor Code 5814Labor Code 5814.5Labor Code 5814.6unreasonable delayhome health carebilling disputemedical treatmentnursing servicespenaltyattorney fees
References
3
Case No. VNO 386794, VNO 290443, VNO 401331, VNO 332982
Regular
Aug 08, 2007

ANA PALENCIA vs. SAMCO SCIENTIFIC

The Workers' Compensation Appeals Board granted reconsideration of an order dismissing Albers Medical Pharmacy's lien because there was no proof of service of the dismissal order. The lien claimant did not receive actual notice until much later, making their petition for reconsideration timely. The Board rescinded the dismissal and returned the matter for further proceedings, emphasizing that failure to properly serve a party is a substantive defect.

Albers Medical PharmacyPetition for ReconsiderationOrder Dismissing LienService of ProcessProof of ServiceActual NoticeNotice of Intention to DismissLien ClaimantRescind OrderReturn to Trial Level
References
3
Case No. VNO 454703; VNO 454704 VNO 483080; VNO 483078
Regular
Feb 25, 2008

NOEL LOPEZ vs. WILLIAM BOLTHOUSE FARMS, AMERICAN ALL RISK LOSS ADMINISTRATORS, ARGONAUT INSURANCE, MID-CENTURY INSURANCE

The Appeals Board dismissed the applicant's Petition for Reconsideration because the order setting the case for trial was procedural, not a final decision. Treating the petition as a request for removal, it was denied as the applicant failed to demonstrate significant prejudice or irreparable harm. The Board found no extraordinary circumstances to justify removal or reversal of the trial setting.

WCABPetition for ReconsiderationPetition for RemovalInterlocutory OrderFinal OrderSubstantive RightsProcedural OrderSignificant PrejudiceIrreparable HarmLabor Code Section 5900
References
5
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