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

Case No. ADJ1923835 (LBO 0337936) ADJ611957 (LBO 0367126)
Regular
May 04, 2009

ESTHER OVALLE vs. CITY OF GARDENA, CORVEL CHINO

In ADJ1923835, the WCJ found no permanent disability from a specific injury to applicant's right shoulder and wrists on October 16, 2000. In ADJ611957, the WCJ awarded 56% permanent disability for a cumulative trauma injury to bilateral shoulders and wrists ending November 16, 2000. The defendant sought reconsideration, arguing Dr. Craemer's IME opinion was not substantial evidence, particularly regarding the left shoulder injury's timing and apportionment. The Appeals Board denied reconsideration, affirming the WCJ's reliance on Dr. Craemer's opinion that all permanent disability stemmed from the cumulative trauma. A clerical error in the cumulative trauma date was also corrected.

Workers' Compensation Appeals BoardEsther OvalleCity of GardenaCorvel ChinoADJ1923835ADJ611957Petition for ReconsiderationClerical ErrorPermanent DisabilitySpecific Injury
References
4
Case No. MON 0299474; MON 0299475 (MF); MON 0299476
Regular
Jul 09, 2008

JEANINE BRINKER vs. THE BOEING COMPANY, BROADSPIRE SERVICES

The Workers' Compensation Appeals Board denied the lien claimant's Petition for Reconsideration based on the WCJ's report. The Board also corrected a clerical error in the case caption, specifying that case number MON 0299475, not MON 0299474, is the master file. The WCJ's decision is otherwise affirmed.

Workers' Compensation Appeals BoardPetition for ReconsiderationDenying PetitionCorrection ErrorWorkers' Compensation Administrative Law JudgeMaster FileClerical ErrorContinuing JurisdictionJoint Findings Award and OrderLien Claimant
References
2
Case No. ADJ3070416 (LAO 0707238) ADJ3611048 (LAO 0707239)
Regular
Mar 09, 2009

ALBERTO MACIAS vs. GUSTAFSON MANUFACTURING CORP., REVCON MOTOR COACH MFG., UNINSURED EMPLOYERS BENEFITS TRUST FUND, PACIFIC EMPLOYER INSURANCE CO. (ESIS)

The Workers' Compensation Appeals Board granted removal and rescinded a WCJ's order that declared an arbitrator's finding regarding employment dates unenforceable. The Board found a clear clerical error in the arbitrator's finding, which stated employment was from "August, 1985 through May 8, 1985," an impossibility. The Board held that a WCJ has authority to correct such a clerical error nunc pro tunc. The case was returned to the WCJ to correct this error and address the defendant's appeal from the Vocational Rehabilitation Unit's decision.

Workers' Compensation Appeals BoardGustafson Manufacturing Corp.Revcon Motor Coach Mfg.Uninsured Employers Benefits Trust FundPacific Employer Insurance Co. (ESIS)Alberto MaciasArbitrator's DecisionCumulative TraumaVocational Rehabilitation BenefitsCompromise and Release
References
4
Case No. ADJ9681671
Regular
Jul 01, 2016

LAWRENCE O'DONNELL vs. TEN WEST TOWING-PTO, SERVICES/STRUCTURE AND CLAIMS RESERVE MANAGEMENT

This case concerns a Petition for Reconsideration filed by an attorney challenging the dismissal of his untimely Petition for Removal. The Appeals Board granted removal to correct a clerical error in their prior decision regarding the date of the WCJ's order. The Board dismissed the current Petition for Reconsideration as successive and because the underlying WCJ's order denying the attorney's request to be relieved was not a final, appealable order.

PETITION FOR REMOVALPETITION FOR RECONSIDERATIONCLERICAL ERRORMANDATORY SETTLEMENT CONFERENCERELIEVED AS ATTORNEY OF RECORDNON-FINAL ORDERLABOR CODE SECTION 5310SUCCESSIVE PETITIONSUBSTANTIVE RIGHT OR LIABILITYINTERLOCUTORY PROCEDURAL DECISIONS
References
10
Case No. ADJ7534979
Regular
Apr 17, 2012

MARK WINKLER vs. SONNEN MOTORCARS

In this workers' compensation case, the defendant sought reconsideration of an administrative law judge's (WCJ) award regarding industrial injury dates, EDD reimbursement, and permanent disability increases. The defendant identified inconsistencies between the WCJ's findings and award. The WCJ recommended granting reconsideration to address these errors. Due to acknowledged errors in both the original decision and the WCJ's report, the Appeals Board granted reconsideration, rescinded the original award, and returned the matter to the trial level for further proceedings and a new decision.

Workers' Compensation Appeals BoardSonnen Motorcarsservice advisorindustrial injurylow backtemporary disabilitypermanent disabilityEDD reimbursementLabor Code section 4658(d)petition for reconsideration
References
0
Case No. ADJ12198863
Regular
Mar 13, 2020

CARLA FRANCO vs. EPICUREAN GROUP, EMPLOYERS COMPENSATION INSURANCE COMPANY

The Appeals Board granted reconsideration, rescinded the WCJ's Findings and Order, and returned the matter for further proceedings. The WCJ incorrectly determined that a QME panel requested by the applicant was void due to a system error without sufficient evidence. The Board found that the applicant's attorney failed to adequately follow administrative rules regarding technical difficulties with online panel requests. Furthermore, the WCJ's assumption that the system error was not caused by the applicant's attorney was speculative.

QME panelsystem errorpain medicineorthopedic surgeryMedical UnitPetition for ReconsiderationFindings and Orderthreshold issueinterlocutory issueremoval standard
References
7
Case No. ADJ10572648
Regular
Jul 31, 2017

MONICA RAMIREZ vs. DEPARTMENT OF SOCIAL SERVICES-IN HOME SUPPORTIVE SERVICES

This case involves a clerical error in a WCJ's Findings and Order which erroneously stated the applicant did not sustain injury to her psyche. The applicant petitioned for reconsideration, arguing this finding was contrary to evidence. The Appeals Board granted reconsideration solely to correct this clerical error, clarifying the applicant did not sustain injury to her left ankle, foot, and skin. The Board affirmed the WCJ's original decision regarding the applicant taking nothing, largely due to giving great weight to the WCJ's credibility determination.

WCABPetition for ReconsiderationFindings and OrderWorkers' Compensation Judgeindustrial injurypsycheclerical errorcredibility determinationGarza v. Workmen's Comp. Appeals Bd.Toccalino v. Workers' Comp. Appeals Bd.
References
2
Case No. ADJ3328008 (VNO 0517608)
Regular
May 20, 2011

ELIODORO LOPEZ vs. VIRGIL CONVALESCENT HOSPITAL, HEALTHCARE SERVICES GROUP, ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The defendant argued they were denied due process when the Workers' Compensation Judge (WCJ) amended a prior decision to correct a Labor Code section reference concerning temporary disability indemnity. The Board found that the original reference to Labor Code § 4656(c)(2) was a clerical error, as the WCJ clearly intended to apply Labor Code § 4656(c)(1) based on the date of injury. The Board affirmed the WCJ's authority to correct such clerical errors.

Workers' Compensation Appeals BoardPetition for ReconsiderationTemporary Disability Indemnity104 week capLabor Code section 4656(c)(1)Labor Code section 4656(c)(2)Industrial InjuryNeck InjuryShoulder InjuryCardiovascular System Injury
References
4
Case No. ADJ9840613
Regular
Aug 28, 2025

MINERVA TOMKA vs. PACIFIC GAS ELECTRIC, PACIFIC GAS ELECTRIC - SAN FRANCISCO

Applicant Minerva Tomka sought reconsideration of an order denying her petition to set aside a prior award. She alleged fraud, bad faith, misrepresentation of her occupational group, and clerical errors in the prior Stipulations with Request for Award approved by the WCJ. The Appeals Board reviewed the petition, the defendant's answer, and the WCJ's report. The Board found no evidence of fraud or other grounds to set aside the stipulations but acknowledged clerical errors and the incorrect occupational group number. Consequently, the Board granted reconsideration, rescinded the original order, and issued a new order correcting the applicant's occupational group number to 214 and rectifying various clerical errors.

Petition for ReconsiderationPetition to Set Aside StipulationsStipulations with Request for AwardOccupational Group NumberDEU Consultative RatingPQMEPTPPermanent Disability RatingArising Out of and In the Course of EmploymentAOE/COE
References
12
Case No. ADJ578550
Regular
Nov 19, 2010

JOSE ALBERTO MARTINEZ vs. AMY'S KITCHEN and CIGA, Intercare, Paula Insurance

This case involves a clerical error in a prior Workers' Compensation Appeals Board (WCAB) order. The Board issued an order correcting its November 17, 2010 Opinion and Order Denying Petition for Reconsideration. Specifically, the word "not" was omitted on page 2, line 21, affecting the interpretation of Labor Code section 5804. The correction clarifies that the cited section does not bar the Board from amending a WCJ's decision.

Workers' Compensation Appeals BoardOrder Correcting Clerical ErrorPetition for ReconsiderationOpinion and Order Dismissing PetitionDecision After ReconsiderationLabor Code Section 5804InterlineationsCIGAPaula InsuranceMajestic Insurance Company
References
0
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