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Reconsideration granted to address errors in permanent disability rating and apportionment. Matter returned for new rating considering walker use and clarifying apportionment.
The Workers' Compensation Appeals Board (WCAB) denied Paramount Pictures' petition for reconsideration, upholding the Administrative Law Judge's (ALJ) decision. Paramount argued the ALJ erred by applying a 50% WPI for the applicant's right lower extremity, instead of 30%, based on conflicting reports from an agreed medical examiner. The ALJ found the evidence insufficient to prove the applicant could walk more than a "block" without a walker, which was the key factor in the different WPI ratings. The WCAB gave great weight to the ALJ's credibility determinations and found no substantial evidence to overturn them.
The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration of an award to applicant Gary Walker. The original award found Walker sustained industrial injury as a professional athlete, resulting in 92% permanent disability and need for further medical treatment. The defendant's argument that an employment contract prohibited this California claim, including choice of law and venue, was rejected. This contractual issue was not raised at trial, thus waived, and the Board also asserted its own jurisdiction.
The Workers' Compensation Appeals Board (WCAB) granted reconsideration to further study the issues in this case. The WCAB rescinded the prior Findings of Fact & Award, denied the defendant's motion to be relieved of stipulation regarding the thoracic spine, and found that the applicant sustained industrial injury to his cervical spine, shoulders, and thoracic spine. The WCAB deferred issues of permanent disability, apportionment, and attorney's fees, returning the matter to the WCJ for further record development.
The Appeals Board granted reconsideration and rescinded the prior award, finding that the medical evidence regarding causation and apportionment was critically flawed. Neither the applicant's treating physician nor the defendant's QME adequately addressed these issues with sufficient reasoning and complete medical histories. The case is returned to the trial level for further development of the medical record, including obtaining supplemental opinions from physicians, before a new decision is made.
The Appeals Board granted reconsideration, rescinded the WCJ's prior award, and returned the case for further proceedings. The Board found that the WCJ should have considered the enforceability of a forum selection clause in the employment contract, which dictates jurisdiction in Florida. This decision was based on a new en banc ruling establishing precedent for declining jurisdiction when such clauses exist and have a limited connection to California. The case will be re-heard to fully address the forum selection clause and its impact on jurisdiction and the applicant's claims.
This case concerns whether the California Workers' Compensation Appeals Board (WCAB) has jurisdiction over an applicant's claim for an injury sustained while working in Utah. The applicant, hired by a California-based company, argues California has jurisdiction because the company is based there, he paid California taxes, and he was directed to join a California union. However, the WCAB affirmed the finding that it lacked jurisdiction, as the applicant was hired and injured outside of California. The Board held that the location of the hiring and the injury are determinative for jurisdiction, not the employer's location or the applicant's tax payments.
The Workers' Compensation Appeals Board (WCAB) rescinded the prior award and returned the case for further proceedings. The WCAB found no medical evidence to support the applicant's temporary total disability from January 4, 2009, to April 1, 2009, but affirmed the 15% increase in permanent disability under Labor Code section 4658(d)(2). This increase is due to the employer's failure to offer qualifying work after the applicant reached permanent and stationary status, as the applicant's retirement was forced by his industrial injuries. The WCAB also noted admitted calculation errors requiring correction.
Applicant Derrick Little filed an "appeal" of an order denying his motion to change venue, which the Board treated as a Petition for Removal. The Petition was dismissed because it failed to articulate any specific factual or legal contentions justifying the removal. Furthermore, the Petition did not demonstrate significant prejudice or irreparable harm, which are required for a grant of removal. The Board adopted the WCJ's report and recommendations in its entirety when dismissing the petition.
The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision concerning Carolyn Brantley's case. The WCAB rescinded the Administrative Law Judge's (WCJ) decision and returned the matter to the trial level for further proceedings. This action means the previous decision is nullified, and the case will be reheard by the WCJ. The parties still have the right to seek reconsideration of the WCJ's new ruling.
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