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

Case No. ADJ7673518, ADJ7647749
Regular
Jan 23, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION / CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant sustained industrial injury to her neck. While the applicant testified to injuring her neck in a workplace incident and this was partially corroborated, the Board found insufficient evidence for other claimed injuries. The Board specifically disagreed with the administrative law judge's credibility assessment concerning the neck injury itself, relying on medical reports and testimony supporting the neck injury claim. The Board affirmed the denial of claims for all other alleged injuries, finding insufficient medical evidence to link them to the incident.

Petition for ReconsiderationFindings and OrderIndustrial InjuryNeck InjuryBack InjurySpine InjuryUpper ExtremitiesPsycheGastroesophageal SystemInternal System
References
Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ2978981 (VNO 0379036) ADJ4391804 (VNO 0284146) ADJ2650989 (VNO 0284011)
Regular
Dec 01, 2008

MICHAEL JAGOSZ vs. LOGISTICS PERSONNEL CORP., CUNNINGHAM LINDSEY CLAIMS SERVICES, Subsequent Injuries Benefits Trust Fund (SIF)

The Workers' Compensation Appeals Board granted reconsideration and rescinded an award because it improperly commuted attorney fees payable by the Subsequent Injuries Benefits Trust Fund (SIF), which is prohibited by Labor Code section 5100.5. Additionally, the Board could not ascertain the basis for the awarded attorney fees. The case is returned to the trial level for proceedings before a new judge due to the retirement of the original WCJ.

Subsequent Injuries Benefits Trust FundSIFcommutationattorney feesLabor Code section 5100.5rescinded awardPetition for ReconsiderationWorkers' Compensation Appeals Boardpermanent disability awardstipulations with facts and award
References
Case No. ADJ2675288 (VNO 0344402)
Regular
Apr 02, 2009

ANTHONY PEREZ vs. AEROTEK, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, INTERCARE HOLDINGS for RELIANCE INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a prior award due to a dispute over the applicant's attorney's fee, which the defendant argued exceeded 15% of the permanent disability award. The Board found that the WCJ erred in calculating the fee, as it relied on an allegedly incorrect present value of the applicant's life pension. Consequently, the Board rescinded the award and returned the matter for reassignment to a new WCJ for further proceedings and a proper decision.

Workers' Compensation Appeals BoardCalifornia Insurance Guarantee AssociationReliance Insurance Companyliquidationstipulated awardattorney's feepermanent disability awardDisability Evaluation Unitlife pensionrescinded award
References
Case No. ADJ4280834 (LAO 0768011)
Regular
Jun 04, 2013

LEVELL SMITH vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, SEDGWICK CMS

The WCAB granted reconsideration of a WCJ's decision awarding applicant 100% permanent disability after apportioning for a prior 1988 injury. Defendant argued the WCJ erred by not following the agreed medical evaluator's apportionment findings. The Appeals Board affirmed the WCJ's decision, finding the WCJ correctly relied on the parties' prior stipulation regarding the 1988 injury's permanent disability to frame the rating instructions. The WCAB adopted the WCJ's reasoning in their Report on Reconsideration.

Workers' Compensation Appeals BoardLevell SmithLos Angeles Unified School DistrictSedgwick CMSADJ4280834Opinion and Decision After ReconsiderationFindings and Awardleft wristneckright wrist
References
Case No. SAL 104703
Regular
Mar 14, 2008

GONZALEZ vs. GILROY FOODS, SEDGWICK CLAIMS MANAGEMENT

This case concerns a supplemental award of attorney's fees under Labor Code § 5801 following the denial of a defendant's petition for writ of review. The Court of Appeal found no reasonable basis for the petition and remanded the case for the Workers' Compensation Appeals Board (WCAB) to award fees for services rendered in connection with that petition. The WCAB affirmed the award of attorney's fees, clarifying that the WCJ lacks jurisdiction to approve fees under § 5801, which is the sole province of the WCAB upon remand.

Labor Code § 5801Petition for Writ of ReviewSupplemental AwardAttorney's FeesRemandWorkers' Compensation Appeals BoardCourt of AppealStipulation and AwardWCJFindings Order and Award
References
Case No. ADJ2549830 (LAO 0657500)
Regular
Apr 04, 2011

ANTHONY WELCH vs. SUBSEQUENT INJURIES BENEFITS TRUST FUND

The Subsequent Injuries Benefits Trust Fund (SIBTF) sought reconsideration of a WCJ award that included a $29,000 lump-sum attorney fee. The SIBTF argued this violated Labor Code section 5100.5, which prohibits commutation of SIBTF benefits for attorney fees. The Appeals Board granted reconsideration, finding the attorney's unilateral addition of the lump sum to stipulations unacceptable. The Board amended the award to provide the attorney a fee of 15% of each weekly indemnity payment, affirming the remainder of the award.

Subsequent Injuries Benefits Trust FundPetition for ReconsiderationAttorney FeesLabor Code Section 5100.5CommutationStipulations with Request for AwardUnilateral AlterationWCJ AwardPermanent Disability IndemnityLife Pension Indemnity
References
Case No. ADJ8086389
Regular
May 20, 2013

Patricia Corbett vs. L.A. COUNTY/HARBOR UCLA MEDICA, TRISTAR CLAIMS MANAGEMENT

Applicant Patricia Corbett sought reconsideration of a Workers' Compensation Appeals Board decision regarding attorney's fees awarded under Labor Code section 5814.5 for enforcing a prior award of temporary disability benefits. The Board denied the petition, adopting the WCJ's reasoning that the $4,500.00 attorney's fee was reasonable. The Board emphasized that such fees are intended to incentivize attorneys and deter employer non-compliance.

Workers' Compensation Appeals BoardLabor Code section 5814Labor Code section 5814.5Petition for ReconsiderationFindings and AwardWCJattorney's feestemporary disability indemnityTristar Claims ManagementHarbor UCLA Medical
References
Case No. ADJ9865530
Regular
Mar 20, 2015

Baldemar Gonzalez, Jr. vs. Morganite Industries, Gallagher Bassett

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration of a prior award. The petition was dismissed because it was filed untimely and was not properly verified. Although the applicant alleged fraud in obtaining the award, and the stipulations appear to lack a required signature, the Board cannot act on these grounds due to procedural deficiencies and expired timeframes. The applicant may still pursue relief under the Board's continuing jurisdiction concerning rescission, alteration, or amendment of the award within five years of the date of injury.

Petition for ReconsiderationStipulations with Request for Awardfraudmisrepresentationuntimely filingverificationLabor Code Section 5902Labor Code Section 5903continuing jurisdictionLabor Code Sections 5803-5804
References
Case No. ADJ838588 (VNO 0384987) ADJ2342741 (VNO 0384985) ADJ1363723 (VNO 0384986)
Regular
Nov 10, 2016

RICHARD PEREZ vs. COUNTY OF LOS ANGELES SHERIFF'S DEPARTMENT

This case concerns applicant Richard Perez's claim for increased permanent disability benefits for injuries sustained as a deputy sheriff. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to amend a prior award, but affirmed the WCJ's denial of the defendant's request to apportion the increased disability. The WCAB reasoned that applying the current Labor Code sections 4663 and 4664 for apportionment would retroactively amend a prior award, violating legislative intent. Therefore, the applicant is entitled to an unapportioned increase in permanent disability, with clerical errors corrected in the award.

WCABPetition for ReconsiderationFindings Award and OrderWCJdeputy sheriffbilateral shouldersleft kneeleft forearmstipulated awardaverage weekly earnings
References
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