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

Case No. ADJ2661017
Regular
May 17, 2010

HECTOR AGUILAR vs. AMZ PACKAGING, INC., EVEREST NATIONAL INSURANCE COMPANY

This case concerns a dispute over the division of attorneys' fees between former counsel, Lionel Giron, and current counsel, Charles Clark, from a settlement of $25,000. The WCJ initially awarded $600 to Giron and $3,150 to Clark. After a contested hearing involving allegations of fraud by Clark against Giron, the WCJ issued an order vacating the prior division. Due to contested notice issues and alleged prior commitments preventing Giron's appearance at a subsequent hearing, the Appeals Board granted reconsideration. The Board rescinded the WCJ's February 23, 2010 Findings and Order and returned the matter for a new hearing to allow Giron to present his case on fee division.

Workers' Compensation Appeals BoardADJ2661017LAO 0841910AMZ PackagingInc.Everest National Insurance CompanyLien claimantReconsiderationWCJ Findings and OrderCompromise and Release
References
Case No. ADJ4609174 (RDG 0041947)
Regular
Oct 27, 2010

DOYLE CANADA vs. REDDING POWER SAWMILL DIVISION, ESIS PORTLAND

In this Workers' Compensation Appeals Board case, Doyle Canada's petition for reconsideration was denied. The Board adopted the findings of the Workers' Compensation Administrative Law Judge, whose report detailed the reasons for the denial. This order, dated October 27, 2010, upholds the original decision and denies further review. The defendants were Redding Power Sawmill Division and ESIS Portland.

WCABPetition for Reconsiderationworkers' compensation administrative law judgereport of the workers' compensation administrative law judgedeny reconsiderationADJ4609174Redding Power Sawmill DivisionESIS PortlandDoyle CanadaADJUDICATION
References
Case No. ADJ2652747 (VNO 0344824) ADJ3178119 (VNO 0349849) ADJ4566361 (VNO 0401733)
Regular
Jun 25, 2012

MARK RAINE vs. CITYOF BURBANK

This case involves a petition for reconsideration filed by Mark Raine, the applicant, in his workers' compensation claims against the City of Burbank. The Workers' Compensation Appeals Board reviewed the petition and the report of the Workers' Compensation Judge. For the reasons stated in the Judge's report, which the Board adopted, the petition for reconsideration has been denied. Therefore, the Board has ordered that the petition for reconsideration be denied.

WORKERS' COMPENSATION APPEALS BOARDADJ2652747ADJ3178119ADJ4566361CITY OF BURBANKVNO 0344824VNO 0349849VNO 0401733DENYING RECONSIDERATIONWCJ REPORT
References
Case No. ADJ10110995
Regular
Oct 05, 2016

PRESTON LEE BROWN SCOTT vs. CITY OF LOS ANGELES

The applicant sought reconsideration of an order that he claimed was issued January 11, 2016, arguing a Compromise and Release did not settle his serious and willful misconduct claim. The Board dismissed the petition as untimely, noting the applicant filed his petition significantly late. Even if considered timely, the Board would have denied it on the merits, as a prior decision had already approved a Compromise and Release excluding the 132a claim. The Board clarified that while 132a claims are not subject to ADR, serious and willful misconduct claims are.

Workers' Compensation Appeals BoardPetition for ReconsiderationCompromise and ReleaseArbitratorAlternative Dispute Resolution (ADR)Serious and Willful MisconductLabor Code Section 132aTimelinessOpinion and Order Dismissing PetitionDivision 4
References
Case No. AHM 0121064 (MF) AHM 0121065
Regular
Jun 23, 2008

JOSE LUIS MELENDEZ vs. NORTHGATE GONZALEZ MARKET, ZURICH INSURANCE COMPANY

The applicant's counsel sought reconsideration of a WCJ's order on attorney fee division in a settled workers' compensation case, arguing for a larger share than awarded. The Appeals Board granted reconsideration to correct a clerical error identifying applicant's counsel. The Board affirmed the WCJ's original decision on the fee division, adopting the WCJ's report as justification.

Petition for ReconsiderationJoint Compromise and ReleaseAttorney Fee DivisionIndustrial InjuriesRight Knee InjuryButcherWCJ Report and RecommendationClerical ErrorOpinion on DecisionLabor Code Section 5313
References
Case No. ADJ932256 (LBO 0396558)
Regular
Jul 14, 2010

DANIEL MASCORRO vs. PREFERRED PERSONNEL, AMERICAN INSURANCE GUARANTEE

The Workers' Compensation Appeals Board dismissed the lien claimant's petition for reconsideration. The claimant, a former attorney, sought reconsideration of an order approving a compromise and release that set aside $1,000 for attorney fees. The Board found the claimant lacked standing as no order had yet been made regarding the division of those fees. Any party aggrieved by a future division order can then seek reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationCompromise and ReleaseAttorney FeesLien ClaimantStandingAggrieved PartyLabor Code Section 5900Workers' Compensation JudgeDivision of Attorney Fee
References
Case No. ADJ7232076
En Banc
Sep 26, 2011

Tsegay Messele vs. Pitco Foods, Inc.; California Insurance Company

The Appeals Board holds that the 10-day period for agreeing on an AME under Labor Code § 4062.2(b) is extended by five days when the initial proposal is served by mail, and clarifies the method for calculating this time period, finding both parties' panel requests premature.

Workers' Compensation Appeals BoardTsegay MesselePitco FoodsInc.California Insurance CompanyADJ7232076Opinion and Decision After ReconsiderationOrder Granting RemovalDecision After RemovalEn Banc
References
Case No. ADJ8066822
Regular
May 30, 2019

SCOTT WALL vs. COUNTY OF SACRAMENTO

This case concerns a deputy sheriff sergeant, Scott Wall, who alleges discrimination under Labor Code section 132a. Wall was denied a requested transfer to a patrol division while on injury leave, despite having the seniority for it. The Workers' Compensation Appeals Board affirmed the finding that the County of Sacramento discriminated against Wall by denying the transfer, as less senior employees were transferred. The employer's defense of business necessity was rejected because the County had other options to fill the critical patrol positions.

Labor Code section 132aDiscriminationRetaliationTransfer denialSeniorityBusiness necessityPrima facie caseDisadvantageous treatmentWCJReconsideration
References
Case No. ADJ1409625 (LBO 0360295) ADJ1382588 (MON 0239533)
Regular
Apr 16, 2015

MELBOURNE BARDOWELL vs. GI TRUCKING COMPANY, GALLAGHER BASSETT SERVICES, ATHENS ADMINISTRATORS

The Workers' Compensation Appeals Board granted reconsideration to clarify the applicant's date of injury for cumulative trauma. The original award found industrial injury to the neck and low back for a trailer mechanic but did not address liability division between two third-party administrators, Athens Administrators and Gallagher Bassett Services. The Board deferred the issue of the period of injurious exposure to the Workers' Compensation Judge. The matter is returned to the WCJ for further proceedings and a new decision on this specific issue.

Petition for ReconsiderationDivision of LiabilityPeriod of Injurious ExposureLabor Code sections 54125500.5Cumulative TraumaDate of InjuryTrailer MechanicPermissibly Self-InsuredThird-Party Administrator
References
Case No. ADJ1036181 (LAO 0861182) ADJ3257740 (LAO 0861181) ADJ1313689 (LAO 0861180)
Regular
Sep 13, 2018

Connie Edge vs. World Citrus West, Nationwide Insurance

This case involves an applicant with admitted industrial injuries seeking reconsideration of a WCJ's findings regarding home health care and penalties. While the parties petitioned for reconsideration, they subsequently entered into a compromise and release agreement for $1,350,000. The Board approved the settlement, finding it adequate and in the applicant's best interest. However, the Board deferred jurisdiction over the division of attorneys' fees between the applicant's current and former attorneys, ordering $100,000 withheld pending further resolution at the trial level.

Workers' Compensation Appeals BoardReconsiderationJoint Findings of FactCompromise and ReleaseLabor Code section 5001WCAB Rule 10882Medicare Set-AsideAttorneys' FeesLienDeferred Jurisdiction
References
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