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Case Law Database

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

Case No. SJO 0245865 SJO 0245864 SJO 0245866
Regular
Apr 22, 2008

ANITA REXINGER vs. ELECTROLUX CORPORATION, WAUSAU INSURANCE COMPANIES

The Appeals Board granted reconsideration to clarify vocational rehabilitation temporary disability (VRTD) benefits, holding that earnings from subsequent employment may offset VRTD if the applicant was not concurrently employed at the time of injury. The Board also directed that VRTD benefits should be reduced by unemployment insurance paid for the same period and affirmed the applicant's 1997 W-2 as the basis for calculating average weekly earnings. Finally, the Board rescinded the prior award and returned the matter for further proceedings, including potential reconsideration of the unreasonable delay penalty.

VOCATIONAL REHABILITATIONRECONSIDERATIONSTIPULATIONSPERMANENT DISABILITYREHABILITATION UNITDELAY RATEAVERAGE WEEKLY WAGEATTORNEY FEESCREDIT FOR EARNINGSUNREASONABLE DELAY
References
2
Case No. ADJ3131839 (LBO 0826068)
Regular
Jul 23, 2013

VINCENT JONES vs. INSPERITY, ADMINISTAFF, PLASTOPAN INDUSTRIES, LUMBERMAN'S INSURANCE

The Appeals Board granted reconsideration to review the WCJ's award of retroactive vocational rehabilitation benefits (VRTD) to applicant Vincent Jones. The Board agreed that the Rehabilitation Unit's determination was valid and enforceable, correcting a clerical error in the liability start date. However, the Board rescinded the VRTD rate and earnings determination, remanding these issues to the trial level for further proceedings consistent with a wage-loss calculation approach as established in *Gamble*.

Petition for ReconsiderationFindings and AwardRehabilitation UnitVocational Rehabilitation BenefitsRetroactive BenefitsDelay RateOrder Approving Compromise and ReleaseThomas FindingAOE/COEInchoate Benefits
References
7
Case No. ADJ982656
Regular
Nov 17, 2016

WANDA L. MALLOY vs. ELECTRONIC DATA SYSTEM, ARROWOOD INDEMNITY COMPANY

This case concerns former attorney Thomas Plumb's attempt to obtain additional attorney's fees and interest on previously awarded fees from vocational rehabilitation temporary disability (VRTD) funds. The Workers' Compensation Appeals Board denied his petition for reconsideration. Plumb failed to follow the established procedure for VRTD attorney's fees by not filing a lien or voucher with supporting documentation for over 23 years, rendering his claim inchoate and likely outside the Board's jurisdiction after changes in the law. Furthermore, his claim for interest on past awards was untimely, barred by statutes of limitations, and undermined by his own 22-year delay in pursuing it. Finally, the Board found Plumb was not denied due process as he failed to list the applicant as a witness and no sworn testimony was taken.

Vocational Rehabilitation Temporary DisabilityAttorney's FeesPetition for ReconsiderationFindings of Fact and OrderWCJLabor Code section 5803InterestLienVoucherRocha v. Puccia Construction Company
References
2
Case No. AHM 101997
Regular
Aug 11, 2008

WILLIAM E. SMITH vs. UBS PAINE WEBBER, ZURICH NORTH AMERICAN INSURANCE COMPANY

This case involves a petition for reconsideration by the defendant regarding a workers' compensation award. The primary issue is whether the defendant is entitled to credit for wages earned by the applicant during periods of vocational rehabilitation temporary disability (VRTD). The Appeals Board granted reconsideration to return the case to the trial level for further development of the record regarding the applicant's earnings. This will allow the judge to determine the appropriate credit amount owed to the defendant.

Petition for ReconsiderationFindings Award OrderInternal System InjuryVocational Rehabilitation Temporary DisabilityVRTDDelay RateCredit for Wages EarnedConcurrent EmploymentSubsequent EmploymentGamble v. Workers Comp Appeals Bd
References
2
Case No. ADJ1632949 (VNO 0178912) ADJ3335538 (LAO 0571596)
Regular
Apr 27, 2015

MARCUS CAZARES vs. NORMAL BELL ENTERPRISES, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, but granted the defendant's petition for removal. The Board found that the applicant's claim for a higher rate of Vocational Rehabilitation Temporary Disability (VRTD) benefits was barred due to a failure to timely appeal a 1992 Rehabilitation Unit decision, thus rescinding the judge's order to take this issue off calendar. The Board also upheld the judge's findings that the applicant's condition became permanent and stationary in February 1993 and that there was no compensable temporary disability from July 2014 to the present, finding insufficient evidence to support the applicant's claims. The applicant was cautioned about potentially being designated a vexatious litigant due to repeated relitigation of settled issues.

Vocational Rehabilitation Temporary DisabilityVRTDPermanent and Stationary DateRemovalReconsiderationRehabilitation UnitJurisdictionRes JudicataSubstantial EvidenceMedical Opinion
References
13
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