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

Case No. WCK 0031401, WCK 0031404, WCK 0057363, WCK 0062663
Regular
Mar 11, 2008

Sally Sterns vs. SAFEWAY, INC., VENTURI STAFFING PARTNERS, INCJABAR STAFFING AGENCY, SPECIALTY RISK SERVICES

This case concerns an applicant's request for reconsideration of a prior decision that deferred her permanent disability award pending Supreme Court rulings on apportionment and the *Wilkinson* doctrine. The Appeals Board, having reviewed the matter, now returns it to the trial level. The WCJ is instructed to issue a new final decision on all outstanding issues, given the intervening Supreme Court and Appeals Board decisions.

Workers' Compensation Appeals BoardSally SternsSafeway Inc.Venturi Staffing PartnersSpecialty Risk ServicesOpinion and Decision After Reconsiderationpermanent disabilityapportionmentBrodieWelcher
References
4
Case No. ADJ4113221 (WCK0015884), ADJ3860954 (WCK 0003849), ADJ1849290 (WCK 0003852), ADJ2468456 (WCK 0015098), ADJ2798390 (WCK 0021329), ADJ4523810 (WCK 0045748)
Regular
Aug 06, 2013

David Kallaby vs. ALBERTSON'S

The Workers' Compensation Appeals Board dismissed three of applicant David Kallaby's motions as untimely petitions for reconsideration and removal, and also dismissed a motion for disqualification as the WCJ was not assigned to future proceedings. The Board lacked jurisdiction over two other motions concerning the Information and Assistance Office and ADA accommodations, remanding the matter to the Presiding Judge. The applicant's attorneys had previously been relieved of record due to irreconcilable differences.

Workers' Compensation Appeals BoardOrder Relieving AttorneyPetition for ReconsiderationPetition for RemovalPetition for DisqualificationWCJ GondakInformation and Assistance OfficeADA AccommodationTimelinessJurisdiction
References
7
Case No. ADJ4139911 (WCK 0055868) ADJ2615875 (WCK 0055867) ADJ1560333 (WCK 0039954) ADJ3261818 (WCK 0039953)
Regular
Aug 30, 2010

ELENA ALMAZAN vs. GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT, Adjusted By ATHENS ADMINISTRATORS

The Workers' Compensation Appeals Board (WCAB) dismissed the Defendant's Petition for Reconsideration as interlocutory, finding the WCJ's rulings on evidence admissibility and further record development were not final orders. The WCAB also denied the Defendant's petition for removal, concluding no substantial prejudice or irreparable injury warranted the extraordinary remedy. The Board affirmed the WCJ's admission of certain lien claimant exhibits and the order for further development, deeming it necessary to resolve payment discrepancies and lien reasonableness. Therefore, the case will proceed for further proceedings before the WCJ to fully develop the record.

Workers' Compensation Appeals BoardPetition for ReconsiderationDenial of RemovalInterlocutory OrdersAdmissibility of EvidenceLien ClaimantFurther Development of RecordAccuracy of DocumentsCourt Administrator Rule 10236Substantive Right
References
8
Case No. WCK 64425 WCK 64426 WCK 64427 OAK 304396
Regular
Feb 13, 2008

WAYNE J. LEIN vs. GEORGIA-PACIFIC GYPSUM

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior Findings and Orders. The case is returned to the trial level for further proceedings and a new decision to address the incomplete findings and lack of award regarding the applicant's industrial injuries. The Board noted the WCJ's own recommendation for reconsideration and procedural deficiencies in the initial decision.

Workers' Compensation Appeals BoardGeorgia-Pacific GypsumWayne J. Leinindustrial injuriesneck injuryright shoulder injuryparascapular straincumulative injurytemporary disabilitypermanent disability
References
0
Case No. ADJ4001266 (OAK 0331817) ADJ4670526 (WCK 0069819) ADJ3423569 (WCK 0069821) ADJ3627553 (WCK 0069824) ADJ3316512 (WCK 0069825)
Regular
Feb 22, 2010

CAROL PEREDA vs. WASHINGTON HOSPITAL, TRISTAR RISK MANAGEMENT

This case involves a petition for reconsideration by Washington Hospital concerning a Workers' Compensation Appeals Board (WCAB) decision. The WCAB granted reconsideration to correct clerical errors identified by the defendant regarding permanent disability awards and attorney fees for multiple industrial injuries sustained by Carol Pereda. The WCJ's report confirmed the clerical errors, leading the WCAB to amend the original Findings and Award to accurately reflect the calculations for temporary and permanent disability indemnity and associated attorney fees.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardClerical ErrorPermanent DisabilityCumulative TraumaTemporary DisabilityWage Loss BasisApportionmentMedical Treatment
References
1
Case No. ADJ1498865 (WCK 0071162) ADJ3989369 (WCK 0071163) ADJ2618113 (WCK 0071164)
Regular
Jul 09, 2010

MICHELLE LIVENGOOD vs. MT. DIABLO STATE PARK (CALIFORNIA DEPARTMENT OF PARKS AND RECREATION) and AIG

This case concerns Michelle Livengood's multiple industrial injuries. The Court of Appeal found contradictory findings regarding her permanent and stationary status, remanding the case for clarification. The Appeals Board has now granted reconsideration, affirmed the original findings but deferred the issue of temporary disability. The matter is returned to the trial level for further proceedings to clarify if the neurological consultation was diagnostic, which would necessitate a finding of not permanent and stationary.

Workers' Compensation Appeals BoardRemittiturPermanent and StationaryTemporary DisabilityNeurological ConsultationDiscogramQualified Medical EvaluatorPetition for ReconsiderationWrit of ReviewSubstantial Evidence
References
3
Case No. ADJ2954617 (WCK 0047559) ADJ2134977 (WCK 0047560) ADJ3431606 (WCK 0047666)
Regular
Dec 17, 2009

LINDA WENNEKER vs. COUNTY OF CONTRA COSTA, Permissibly Self-Insured, COUNTY OF CONTRA COSTA RISK MANAGEMENT, (Adjusting Agent)

The Appeals Board granted defendant's petition for removal and remanded the matter to the WCJ for further trial on the admissibility of newly discovered evidence.

Petition for RemovalAugment the RecordNewly Discovered EvidenceDue DiligenceSurveillance EvidenceFraudVocational Rehabilitation CounselorPermanent DisabilityIndustrial InjuriesMandatory Settlement Conference
References
0
Case No. ADJ1332416 (WCK 0031685), ADJ3521523 (WCK 0322592), ADJ4017994 (WCK 0029276)
Regular
May 16, 2014

PAMELA ZEILSTRA vs. TARGET STORES, SEDGWICK CMS

This case involves a Petition for Reconsideration filed by Pamela Zeilstra against Target Stores and Sedgwick CMS. The Workers' Compensation Appeals Board dismissed the petition because it was untimely and not filed from a final order, as required by Labor Code section 5900. The Board clarified that interlocutory procedural orders, which do not determine substantive rights, are not subject to reconsideration. Therefore, the petition was dismissed.

Petition for ReconsiderationUntimely PetitionFinal OrderInterlocutory OrderSubstantive RightLiability DeterminationWCABWorkers' Compensation Appeals BoardAdministrative Law JudgeReport and Recommendation
References
5
Case No. ADJ3139011 (WCK 0039676) ADJ3737138 (WCK 0039682) ADJ2116694 (WCK 0039685)
Regular
Dec 09, 2008

Diane Pearson vs. Gray C Home Care, Republic Indemnity Company of America

The Workers' Compensation Appeals Board (WCAB) rescinded the original award and remanded the case for further proceedings to allow for full determination of all deferred issues. The WCAB agreed that the applicant is totally permanently disabled and ordered a new final decision addressing all outstanding issues, including potential cardiovascular injuries and medical necessity of mobility equipment, to clarify all injured body parts and potentially issue a non-apportioned award. This decision aims to ensure all relevant evidence is considered before a final determination of the applicant's entitlement to benefits.

Workers' Compensation Appeals BoardReconsiderationFindings Order and AwardAdministrative Law JudgePermanent DisabilityApportionmentLife PensionMedical NecessityDeep Vein ThrombosisStroke
References
0
Case No. WCK 0050364, WCK 0052529
Regular
Aug 20, 2008

ANDREW HALTON vs. ALL CUSTOM WOODWORKS, CLARENDON NATIONAL INSURANCE, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for LEGION INSURANCE

This case concerns two industrial injuries to Andrew Halton's low back and knees sustained in 1998 and 1999. The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior award that combined both injuries, found 100% permanent disability without apportionment, and applied the 1997 Permanent Disability Rating Schedule. The WCAB rescinded the award, returning the cases for further proceedings, because the trial judge did not follow the apportionment principles established in the then-pending *Benson* case, which addressed the impact of SB 899 on combining successive injuries. The WCAB agreed that the 1997 schedule was correctly applied but deferred the apportionment issue due to its pending appellate review.

Workers' Compensation Appeals BoardReconsiderationApportionmentPermanent DisabilityJoint and Several Liability1997 PDRS2005 PDRSBenson v. Permanente Medical GroupWilkinson v. Workers' Comp. Appeals Bd.SB 899
References
3
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