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Case Law Database

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

Case No. ADJ8128282
Regular
Jan 23, 2014

ANGELA EGBIKUADJE vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, returning the case for further proceedings. The defendant, California Department of Corrections and Rehabilitation, argued that the applicant's psychiatric injury claim was preempted by the ADA and not proven under Labor Code section 3208.3. The Board found the original decision lacked proper analysis regarding predominant industrial causation and the good faith personnel action defense. Therefore, the case was remanded for further development of the record, including expert medical opinion on these issues.

Workers' Compensation Appeals BoardAngela EgbikuadjeCalifornia Department of Corrections and RehabilitationLegally UninsuredState Compensation Insurance FundADJ8128282Van Nuys District OfficeReconsiderationFindings and AwardIndustrial cumulative trauma injury
References
Case No. LAO 864451
Regular
Aug 18, 2008

JOUNG SU-LIOU vs. COUNTY OF LOS ANGELES/DPSS, ACCLAMATION INSURANCE MANAGEMENT SERVICES

This case concerns a defendant's petition for reconsideration of an order awarding the applicant $\$139.04$ in deposition expenses and $\$843.75$ in attorney's fees. The defendant argued it was denied due process because the order was entered without a hearing. However, the Board found that the applicant complied with procedural rules allowing for a "walk-through" filing of the petition for fees. The defendant had ample time to object to the petition after service and failed to do so, thus waiving their due process claim. Therefore, the Board denied the petition for reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationLabor Code § 5710(b)Attorney's FeesReimbursement of ExpensesDeposition ExpensesWCJ OrderDue ProcessWalk-through BasisWCAB Rule 10890(b)(4)
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. ADJ11139399
Regular
Feb 28, 2018

JOHN HAYES vs. HOME CARE ASSISTANCE LLC, OAK RIVER INSURANCE CO., BERKSHIRE HATHAWAY HOMESTATE COMPANY

The applicant seeks reconsideration of an approved settlement of $18,000, alleging the received check was less than agreed. The Appeals Board dismissed the petition as premature because there was insufficient evidence to support the applicant's claim of mistake. The Board recommended treating the petition as a request to set aside the settlement, requiring a hearing for evidence presentation. If the defendant issues the disputed $2,900 payment, the petition may become moot.

Compromise and ReleasePetition for ReconsiderationWCJPermanent Disability AdvancesDismissed as PrematurePetition to Set AsideGood CauseMutual Mistake of FactUnilateral MistakeStipulation
References
Case No. ADJ9181536 ADJ9834684
Regular
Aug 03, 2017

CANDELARIO OLVERA vs. THE KROGER COMPANY dba FOOD 4 LESS, permissibly self-insured, adjusted by SEDGWICK

This case involves a petition to set aside a compromise and release agreement in a workers' compensation claim. The applicant alleged fraud, stating a "comments" section on the agreement form was not filled out when he signed it. The Board dismissed the petition for reconsideration because the applicant failed to present any evidence or testimony under oath to support his fraud claim. The Board recommended the petition be treated as a motion to set aside, with a hearing to allow the applicant to present evidence.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationPetition to Set Aside Compromise and ReleaseJoint Order Approving Compromise and ReleaseWCJWalk-through basisLabor Code section 5803Good causeMutual mistake of factDuress
References
Case No. ADJ6949698 ADJ6949701 ADJ6949704 ADJ6949816 ADJ6949822
Regular
Jun 01, 2011

CELERINA FAVELA vs. ANTELOPE VALLEY HOSPITAL

The Workers' Compensation Appeals Board granted the defendant's petition for removal, overturning an administrative law judge's order setting cases for trial. The defendant argued the trial was premature due to an incomplete Agreed Medical Evaluator (AME) report and ongoing discovery. The Board found substantial prejudice if removal was not granted, noting the defendant's new attorneys were not properly served with the Declaration of Readiness to Proceed. Consequently, the June 2, 2011 trial date was converted to a conference hearing to allow for completion of medical evaluations and discovery.

Petition for RemovalDeclaration of Readiness to ProceedAgreed Medical EvaluatorPermanent and Stationary ReportQualified Medical EvaluatorPrimary Treating PhysicianMandatory Settlement ConferenceSubstitution of AttorneysAdjudication of ClaimLabor Code Section 5310
References
Case No. ADJ2569351 (LAO 00867165)
Regular
May 14, 2012

ZENAIDA SONGCO vs. COUNTY OF LOS ANGELES FIRE DEPARTMENT

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration because the WCJ's rescission order was not a final order. However, the Board granted the applicant's petition for removal and rescinded the WCJ's March 5, 2012 Rescission Order. This was because the defendant's petition for reconsideration, which prompted the rescission, was untimely filed. Consequently, the WCJ lacked jurisdiction to rescind the original Stipulated Award.

Petition for ReconsiderationPetition for RemovalRescission OrderAmended Stipulated AwardHazardous Material SpecialistNeck InjurySpine InjuryShoulder InjuryRight Hip InjuryPsyche Injury
References
Case No. ADJ9928707
Regular
Oct 20, 2017

Victorino Aragon Orta vs. Classic Party Rentals, Old Republic General Insurance Co.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded the Administrative Law Judge's (ALJ) order disallowing Reshealth Medical Group's lien. The ALJ had found the assignment of the lien invalid due to an undated, untitled, and illegibly signed document, and because Reshealth was a suspended corporation. However, the WCAB found that the ALJ failed to provide a sufficient opinion, develop the record regarding Reshealth's corporate status and the assignment date, and potentially denied due process by raising the assignment's validity sua sponte without notice. The case was returned to the trial level for further development of the record.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderAssignment ValiditySuspended CorporationCorporate StatusStandingLien DisallowanceDue ProcessFair Hearing
References
Case No. MON 0318706
Regular
Jul 11, 2008

EDGAR BENITEZ vs. IRISH COMMUNICATIONS, AIG CLAIMS SERVICES, INC.

This case concerns the appropriate permanent disability rating schedule. The applicant argues the 1997 schedule applies due to his physician indicating permanent disability before January 1, 2005, an exception to the 2005 schedule's use. The Board granted reconsideration, agreeing that the physician's report finding the applicant eligible for vocational rehabilitation constituted an indication of permanent disability, thus triggering the 1997 schedule. The matter is returned to the trial level for rating under the 1997 schedule and subsequent issuance of a decision.

Permanent Disability Rating ScheduleLabor Code Section 4660(d)Primary Treating PhysicianVocational RehabilitationComprehensive Medical-Legal ReportPermanent and Stationary StatusGenlyte Group v. ZavalaZenith v. CuginiVera v. Workers' Comp. Appeals Bd.Agreed Medical Evaluator
References
Case No. ADJ9906817 ADJ9850975
Regular
May 16, 2019

ALEXANDER MARTINEZ RODRIGUEZ vs. SUPERCENTER CONCEPTS, INC, D/B/A SUPERIOR GROCERS, SAFETY NATIONAL CASUALTY INSURANCE, administered by HELMSMAN MANAGEMENT SERVICES, NUMERO UNO ACQUISITIONS, LLC D/B/A NUMERO UNO MARKET, INSURANCE COMPANY OF THE WEST, WAUSAU UNDERWRITERS INSURANCE COMPANY

Defendant Superior Grocers sought reconsideration of an approved Compromise and Release for applicant's claimed injuries. They argued the settlement failed to name all employers, did not account for prior disability payments, and omitted a fee hold for attorney splits. The Board dismissed the petition as premature because a trial is scheduled for May 22, 2019, where these issues can be properly addressed with evidence and testimony. Therefore, the Board found it lacked sufficient information to rule on the reconsideration request at this time.

Compromise and ReleasePetition for ReconsiderationWorkers' Compensation Appeals BoardAdministrative Law JudgeSet Aside OrderIndemnity AdvancesFee Split AgreementMultiple Body PartsMeat CutterSuperior Grocers
References
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