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Case No. ADJ4496653 (SJO 0211862) ADJ1988083

Regular

Nov 17, 2015

MICHAEL ROSILES vs. COUNTY OF SANTA CLARA

Both the applicant and the defendant sought reconsideration of a workers' compensation award finding the applicant 88% permanently disabled due to multiple industrial injuries. The applicant argued for 100% permanent disability, citing vocational expert testimony and preclusion from the open labor market under *LeBoeuf*. The defendant contested the rating, disputing findings of vertigo, sleep disorder, and cognitive disability. The Appeals Board denied both petitions, adopting the judge's report and affirming the 88% disability rating. A dissenting commissioner would have granted the applicant's petition for total permanent disability, emphasizing medical and vocational evidence of unemployability.

RosilesCounty of Santa ClaraPermanent DisabilityVocational ExpertLeBoeufVertigoNeuro-opthamologyGainful EmploymentTotal Permanent DisabilityLabor Market Preclusion

References

Case No. ADJ845459 (SRO 0087571) ADJ4607755 (SRO 0087572) ADJ4057511 (SRO 0090061) ADJ2403634 (SRO 0097619)

Regular

Aug 20, 2009

CAROL WINSTEAD vs. NAPA VALLEY UNIFIED SCHOOL DISTRICT

The Appeals Board granted reconsideration and affirmed the WCJ's findings on industrial injuries to the applicant's left knee, both knees, low back, and left hand, resulting in temporary and permanent disability awards. The Board deferred the issue of attorney's fees due to the applicant's counsel's failure to provide required notice to the applicant, remanding this to the trial level for further proceedings. The applicant's contention that permanent disability should have been found for vertigo, tinnitus, and hearing loss, and that the record should be further developed on these issues, was not addressed in the decision, but the WCJ's report recommending an increase in attorney's fees was incorporated. The employer is admonished to withhold the equivalent of a 15% attorney's fee from the applicant's award pending further proceedings.

Workers' Compensation Appeals BoardIndustrial InjuryLeft Knee InjuryBilateral Knee InjuryVertigoTinnitusCumulative InjuryPermanent DisabilityTemporary DisabilitySchool Bus Driver

References

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MICHAEL ROSILES vs. COUNTY OF SANTA CLARA

RosilesCounty of Santa ClaraPermanent DisabilityVocational ExpertLeBoeufVertigoNeuro-opthamologyGainful EmploymentTotal Permanent DisabilityLabor Market Preclusion

CAROL WINSTEAD vs. NAPA VALLEY UNIFIED SCHOOL DISTRICT

Workers' Compensation Appeals BoardIndustrial InjuryLeft Knee InjuryBilateral Knee InjuryVertigoTinnitusCumulative InjuryPermanent DisabilityTemporary DisabilitySchool Bus Driver