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Case Law Database

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

Case No. ADJ2244538 (LAO 0883304)
Regular
Jul 29, 2011

MELVIN ISAAC vs. PARAMOUNT PICTURES

This case involves the Workers' Compensation Appeals Board (WCAB) removing a matter on its own motion to review a Compromise and Release (C&R) order. The WCAB issued a Notice of Intention to approve the C&R with addenda, allowing parties 20 days to object. As no objections were received, the WCAB rescinded the WCJ's prior approval and entered a new order approving the C&R with the addenda. The cases are now returned to the trial level for further proceedings.

Workers' Compensation Appeals BoardRemovalCompromise and ReleaseAddendaWCJ OrderRescindedApprovedTrial LevelParamount PicturesMelvin Isaac
References
0
Case No. ADJ1895769 (OAK 0305869)
Regular
Aug 24, 2016

CATHERINE BURNHAM vs. MT. DIABLO UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board (WCAB) granted removal, finding jurisdiction over a dispute regarding the cost of specialized prosthetic braces (IDEOs), which a prior judge erroneously sent for Independent Bill Review. The WCAB determined that Labor Code section 4603.6 did not apply as there was no billable service in the conventional sense. Following a Commissioners' Conference, the parties entered stipulations for the provision of the braces, payment of fees according to the CA fee schedule, and resolution of associated penalties. The WCAB approved these stipulations, resolving the parties' dispute.

Workers' Compensation Appeals BoardRemovalOrder Taking Off CalendarJurisdictionLabor Code 4603.6Independent Bill ReviewIntrepid Dynamic Exoskeletal OrthosisIDEO bracesMedical Fee ScheduleLabor Code 4603.2
References
3
Case No. ADJ3550549 (LAO 0884192)
Regular
Sep 22, 2016

JACK DUPONT (Dec'd), ANYAWAN DUPONT (Widow) vs. C.R. ENGLAND, INC.; XL SPECIALTY INSURANCE COMPANY, administered by BROADSPIRE

This case involves a remand from the Court of Appeals to the Workers' Compensation Appeals Board (WCAB) for the purpose of awarding attorney's fees and costs under Labor Code Section 5801. Applicant's attorney and the defendant's attorney jointly stipulated to an award of $11,600.00 to resolve this issue. The WCAB approved this stipulation and returned the matter to the trial level.

Labor Code section 5801attorney's feesWorkers' Compensation Appeals Boardremandedstipulationapplicant's attorneydefendant's attorneyjoint lettertrial levelaward
References
0
Case No. ADJ9038965
Regular
Sep 05, 2019

CESAR BERAUN vs. VERIZON WIRELESS, NATIONAL UNION FIRE INSURANCE COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration after the defendant appealed a finding of a violent act and 79% permanent disability award. Subsequently, the parties entered into a Compromise and Release agreement for $195,000. The WCAB found the settlement adequate and in the applicant's best interest, approving the agreement. Therefore, the WCAB rescinded the original award and approved the Compromise and Release.

Compromise and ReleaseViolent ActLabor Code section 4660.1Psychiatric DisabilityPermanent Partial DisabilityWCJReconsiderationWorkers' Compensation Appeals BoardSettlement AgreementAttorneys' Fees
References
0
Case No. ADJ3943133 (SAC 0365154)
Regular
Nov 26, 2013

JACOB CARLSON vs. CUSTOM BILT METALS, NATIONAL UNION FIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of the WCJ's decision in Carlson v. Custom Bilt Metals. This action was taken because the parties advised the WCAB that the matter had been settled. Consequently, the WCAB rescinded the previous decision and returned the case to the trial level for further proceedings and a new decision by the WCJ, contingent on the settlement's approval. If the settlement is not approved, the original decision may be reinstated.

WCABPetition for ReconsiderationGranting ReconsiderationRescind DecisionTrial LevelSettlement ApprovalWCJ DecisionReturn to TrialFurther ProceedingsAdministrative Law Judge
References
0
Case No. ADJ1539589 (STK 0127013) ADJ3114209 (STK 0127015)
Regular
Feb 05, 2013

JOSE LUIS VALENCIA vs. CAGWIN & DORWARD, ULICO CASUALTY INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a judge's approval of a $125,000 compromise and release for applicant Jose Luis Valencia's industrial injuries. Applicant alleged inadequate settlement and disputed the denial of future medical treatment. The WCAB, adopting the judge's reasoning, affirmed the original order approving the compromise and release. Applicant's further communications were directed to be filed with the WCAB Commissioners, not local offices or e-filed.

Workers' Compensation Appeals BoardCompromise and ReleaseIndustrial InjuryLow Back InjuryRib InjuryLaborerLump Sum SettlementMedical Treatment CoverageInadequate SettlementPetition for Reconsideration
References
0
Case No. ADJ7955260
Regular
Aug 21, 2013

VICTOR SALDIVAR vs. CROWN DISPOSAL, INC., CHARTIS COSTA MESA

This case involves a defendant seeking reconsideration of an approved Compromise and Release (C&R) settlement. The defendant claims newly discovered evidence suggests the applicant fraudulently obtained EDD benefits, which exceed the settlement amount. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, rescinded the C&R approval, and remanded the case for further proceedings. The WCAB will allow the parties to re-litigate the C&R's approval or set the matter for trial.

Workers Compensation Appeals BoardCompromise and ReleaseEDD lienfraudulent benefitsreconsiderationrescind orderfurther hearingindustrial injuryconstruction demo pickerNational Union Fire Insurance
References
0
Case No. ADJ13060444
Regular
Apr 12, 2023

Adrienne Gee vs. County of Riverside

This case involved an applicant seeking reconsideration of a workers' compensation award, arguing the findings regarding temporary and permanent disability were insufficient. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to review the issues. Subsequently, the parties reached a settlement, leading the WCAB to rescind the original award and remand the case to the administrative law judge to approve the stipulated settlement. The WCAB emphasized this action is not a ruling on the merits and the original decision can be reinstated if the settlement is not approved.

WCABFindings and AwardReconsiderationStipulations With Request for AwardRescindedRemandedWCJPermanent Partial DisabilityTemporary DisabilityCommissioners' Settlement Conference
References
0
Case No. ADJ4484214, ADJ1095231, ADJ1532047, ADJ7900801
Regular
May 17, 2017

CANA SWARTOUT vs. ENTERTAINMENT PARTNERS, AMERICAN HOME ASSURANCE, AIG CLAIMS SERVICES, CAST & CREW ENTERTAINMENT, ZURICH NORTH AMERICA, ENTERTAINMENT PARTNERS, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, CNA CLAIMS PLUS

This case involved multiple employers and insurance carriers for Dana Swartout's various work-related injuries sustained between 2002 and 2007. The Workers' Compensation Appeals Board (WCAB) initially issued findings but granted reconsideration to study the issues, including contentions about permanent total disability and statute of limitations. Following settlement conferences, the parties entered into a Compromise and Release agreement, which the WCAB has now approved. The WCAB rescinded its prior order and approved the settlement, finding it adequate and in the applicant's best interest.

Workers Compensation Appeals BoardDana SwartoutEntertainment PartnersAmerican Home AssuranceAIG Claims ServicesCast & Crew EntertainmentZurich North AmericaAmerican Casualty CompanyCNA Claims PlusPermanent Total Disability
References
0
Case No. ADJ7825620
Regular
Sep 04, 2018

URBAN JONES vs. THE HIGHER PATH HOLISTIC CARE, INC.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior award concerning medical treatment for applicant Urban Jones. The WCAB amended the award to find applicant entitled to an inpatient psychological rehabilitation program, which had been approved by utilization review (UR). Two earlier UR decisions regarding outpatient cognitive behavioral therapy and medication management were found untimely due to improper notification to applicant's attorney, and the issue of their medical necessity was deferred. The WCAB affirmed the entitlement to the inpatient program, ordering it provided at the specified facility as per the UR approval.

Uninsured Employers Benefits Trust FundUtilization ReviewPetition for ReconsiderationCognitive Behavioral TherapyInpatient Psychological Rehabilitation ProgramTimeliness of Utilization ReviewIndependent Medical ReviewMedical TreatmentAdministrative Law JudgeFindings of Fact & Award
References
12
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