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Case Law Database

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

Case No. AHM 0111701
Regular
Jan 24, 2008

KATHY BOTT vs. THE ALLEY, EVEREST NATIONAL INSURANCE COMPANY

The Workers' Compensation Appeals Board denied reconsideration, upholding the judge's finding that the applicant did not sustain an industrial injury. The applicant's lien for medical treatment was disallowed as a consequence of this determination. The Board also noted a clerical error in the original Findings and Order which will be corrected at the trial level.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeFindings and OrderLien ClaimantIndustrial InjuryPreexisting ConditionCompromise and ReleaseMedical TreatmentBurden of Proof
References
0
Case No. ADJ2779438 (AHM 0141003) ADJ2276665 (AHM 0142839) ADJ4661552 (AHM 0100533)
Regular
Jan 29, 2013

Vern Botts vs. Orange County Transportation Authority, Tristar Management

The Workers' Compensation Appeals Board denied the Petition for Removal filed by Orange County Transportation Authority and Tristar Management. The Board found that the trial judge was correctly ordered to conduct further proceedings to determine if the applicant could rebut the Diminished Future Earning Capacity (DFEC) adjustment, as required by the *Ogilvie III* decision. Defendant's arguments regarding prejudice from further evidence introduction and discovery closure were rejected as the trial judge's actions were in line with appellate directives and defendants had ample opportunity to address the issues. The Board adopted the judge's report, finding no basis for removal.

Petition for RemovalOrange County Transportation AuthorityTristar ManagementVern BottsADJ2779438ADJ2276665Workers' Compensation Appeals BoardPermissibly Self-InsuredAgreed Medical ExaminersStuart Green M.D.
References
3
Case No. ADJ2779438 (AHM 0141003), ADJ2276665 (AHM 0142839), ADJ4661552 (AHM 0100533)
Regular
Apr 04, 2012

VERN BOTTS vs. ORANGE COUNTY TRANSPORTATION AUTHORITY, TRISTAR RISK MANAGEMENT

The Workers' Compensation Appeals Board granted reconsideration of an award finding an applicant sustained industrial injuries causing permanent disability. The defendant argued the administrative law judge erred by failing to account for a prior award and non-industrial factors in the current disability rating. Crucially, the Board rescinded the award, remanding the case to the trial level. This is to further develop the record specifically on whether the applicant rebutted the diminished future earning capacity factor, as interpreted by the recent *Ogilvie III* decision.

Workers' Compensation Appeals BoardReconsiderationPermanent DisabilityApportionmentAgreed Medical ExaminerDiminished Future Earning CapacityDFECOgilvie formulaRebuttalIndustrial Injury
References
1
Case No. ADJ9212812
Regular
Jan 26, 2018

VERN MILLARD vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed Vern Millard's Petition for Reconsideration because it was skeletal and lacked specific legal and factual grounds. Although the applicant's attorney attempted to withdraw the petition, the withdrawal request was unsigned. The WCAB cited Labor Code § 5902 and Appeals Board Rules 10842, 10846, and 10852, which require detailed grounds and specific record references. Without proper support, the petition was subject to dismissal.

Workers' Compensation Appeals BoardPetition for ReconsiderationSkeletal PetitionDismissalLabor CodeAppeals Board RulesWCJ ReportVerificationProof of ServiceWithdrawal Request
References
7
Case No. MISSING
Regular Panel Decision

Claim of Racha v. Vernon Racha/Vern's Truck & Diesel Service

The Workers' Compensation Board initially denied a claim for death benefits to a posthumous out-of-wedlock child, arguing a lack of dependency evidence. The appellate court reversed this decision, asserting that while acknowledgment is no longer a statutory requirement for out-of-wedlock children, evidence of a deceased parent's acknowledgment is crucial for establishing dependency, especially when the child is born after the parent's death. The court found that the undisputed testimony of the decedent acknowledging the unborn child, coupled with his plans to marry the mother and provide housing, created a presumption of dependency. This presumption was further buttressed by the mother's subsequent inability to care for the child. The case was remitted to the Workers’ Compensation Board for further proceedings consistent with this court’s decision.

DependencyPosthumous ChildOut-of-wedlock childPaternityWorkers' Compensation LawIndustrial AccidentDeath BenefitsAcknowledgmentPresumption of DependencyReversal
References
4
Case No. ADJ927676 (MON 0354428)
Regular
Jun 05, 2009

LA VERNE KELLY-LUSK vs. DELTA AIRLINES, INC.; ACE USA, Administered By ESIS

The Workers' Compensation Appeals Board denied reconsideration of the finding that applicant's claim is barred by the statute of limitations. The applicant alleged cumulative industrial injury as a flight attendant from 1973 to 1993, but filed her claim over 14 years after her employment ended. Medical reports in 2002 and 2004 linked her condition to her work, establishing her knowledge of industrial causation. The Board found the applicant's arguments regarding tolling due to lack of a claim form unconvincing given the medical evidence of her knowledge.

Workers' Compensation Appeals BoardPetition for ReconsiderationStatute of LimitationsCumulative InjuryDate of InjuryCompensable DisabilityIndustrial CausationTollingClaim FormFlight Attendant
References
9
Case No. ADJ8874049
Regular
Apr 18, 2014

VERN FLEMING vs. BROOKLYN NETS FKA NEW JERSEY NETS, TIG INSURANCE COMPANY, administered by ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal, affirming the Workers' Compensation Judge's (WCJ) recommendation. Removal is an extraordinary remedy, granted only upon a showing of substantial prejudice or irreparable harm. The Board found that the defendant failed to demonstrate such prejudice or that reconsideration would be an inadequate remedy. Therefore, the petition was denied based on the reasoning in the WCJ's report.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ Reportsubstantial prejudiceirreparable harmadequate remedyextraordinary remedyCortez v. Workers' Comp. Appeals Bd.Kleemann v. Workers' Comp. Appeals Bd.
References
2
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