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

Case No. ADJ8218679
Regular
Aug 05, 2013

WANDA REBECCA CAREY vs. MACY'S WEST STORES, INC.

The Workers' Compensation Appeals Board (WCAB) has granted Macy's petition for reconsideration of a previous decision in the case of Wanda Rebecca Carey. This decision allows the Board to further study the factual and legal issues involved to ensure a just and reasoned outcome. Pending a new decision, all future filings must be submitted in writing directly to the WCAB Commissioners in San Francisco, not to district offices or via e-filing.

Workers' Compensation Appeals BoardReconsiderationPetition for ReconsiderationDecision After ReconsiderationElectronic Adjudication Management SystemFresno District OfficeOffice of the CommissionersMacy's West StoresWanda Rebecca CareySelf-Insured
References
Case No. STK 205730
Regular
Mar 04, 2008

REBECCA ROBERTS vs. COUNTY OF STANISLAUS

The Workers' Compensation Appeals Board granted reconsideration to address a dispute regarding the applicant's entitlement to additional temporary disability benefits. The Board affirmed the finding that Labor Code section 4850 pay does not count towards the two-year temporary disability limit under section 4656. However, the Board deferred the factual determination of ongoing temporary disability from July 11, 2007, and remanded the case for further proceedings due to an insufficient trial record, as no evidence was presented.

Workers' Compensation Appeals BoardRebecca RobertsCounty of StanislausDeputy SheriffIndustrial InjuryBack InjuryTemporary Disability IndemnityLabor Code section 4850Labor Code section 4656Agreed Medical Evaluator
References
Case No. ADJ3015781 (VNO 0511310) ADJ3473132 (VNO 0544088)
Regular
Oct 25, 2011

WANDA ROYBAL vs. BARRETT BUSINESS SERVICES, INC., PINNACLE RISK MANAGEMENT

The applicant sought reconsideration of findings that her psychiatric injury from a 2004 robbery was not presumed compensable and that further medical treatment was not needed for a 2005 orthopedic injury. The Board denied reconsideration, finding insufficient evidence the employer was notified of a claimed psychological injury from the robbery within the timeframes required for a Labor Code §5402 presumption. Regarding the orthopedic injury, the Board found that while the injury was industrial, the applicant's own deposition testimony and medical records indicated no further need for treatment. The applicant's credibility regarding her knowledge of the claims process was also questioned.

ADJ3015781ADJ3473132WANDA ROYBALBARRETT BUSINESS SERVICESPINNACLE RISK MANAGEMENTRECONSIDERATIONLABOR CODE 5402PSYCHE INJURYORTHOPEDIC INJURYJANUARY 5 2005
References
Case No. VNO 0530241
Regular
Aug 07, 2008

WANDA VERNON vs. THERMO FIMIGAN (THERMO ELECTRON), ST. PAUL TRAVELERS

The Applicant's Petition for Reconsideration has been withdrawn and therefore dismissed by the Board. The Board is returning the filed Compromise and Release agreement to the Workers' Compensation Judge (WCJ) for a decision. The prior decision issued on June 25, 2008, is therefore not being reconsidered by the Appeals Board.

Petition for ReconsiderationDismissedCompromise and ReleaseWCJWorkers' Compensation Appeals BoardThermo FinniganSt. Paul TravelersWanda VernonVNO 0530241
References
Case No. ADJ10232182
Regular
Jul 07, 2017

JOSE SAENZ vs. WILLIAM STOESSER, CLAIRE WERNER, REBECCA B. PISCITELLI 2012 SPECIAL TRUST DATED 12/21/2012, ADAM W. BUCK 2012 SPECIAL TRUST Dated 12/21/2012, BENJAMIN C. BUCK 2012 SPECIAL TRUST Dated 12/21/2012, STATE FARM INSURANCE

This case involves a workers' compensation claim where the applicant, Jose Saenz, was injured on April 10, 2015. State Farm sought reconsideration of an arbitrator's finding that four of its insurance policies provided coverage. The Appeals Board granted reconsideration, finding the arbitrator's coverage determination premature. The Board rescinded the prior order and returned the matter to the trial level for a determination of who constitutes the applicant's employer(s) before insurance coverage issues can be addressed.

Workers Compensation Appeals BoardPetitions for ReconsiderationDecision After ReconsiderationWilliam StoesserClaire WernerRebecca B. Piscitelli 2012 Special TrustAdam W. Buck 2012 Special TrustBenjamin C. Buck 2012 Special TrustState Farm InsuranceHomeowner's Policy
References
Case No. ADJ12448921
Regular
Apr 04, 2023

WANDA JIMENEZ vs. COUNTY OF LOS ANGELES

This case involves applicant Wanda Jimenez's claim for a psychiatric injury sustained as a detention/probation officer, stemming from sexual harassment and retaliation by a supervisor. The defendant, County of Los Angeles, sought reconsideration of the WCJ's decision, arguing insufficient explanation of findings and a barred statute of limitations. The Board denied reconsideration, finding the WCJ's report adequately explained the decision and that the statute of limitations was tolled due to the defendant's failure to provide the applicant with a claim form. Causation was established by credible applicant testimony and supporting medical reports, and the cumulative trauma period ended with the retaliation.

WCABPetition for ReconsiderationIndustrial InjuryPsycheStatute of LimitationsTolledSexual HarassmentDetention Service OfficerCumulative TraumaAOE/COE
References
Case No. ADJ10573361
Regular
Mar 30, 2017

WANDA VAGT vs. REXNORD INDUSTRIES, THE HARTFORD, CORVEL

This case concerns Wanda Vagt's petition for reconsideration of a prior decision. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to allow for a thorough review of the factual and legal issues. The underlying dispute involves a change of venue requested by the defendant, Rexnord Industries, which the Applicant argued exceeded the judge's authority. The WCAB's decision to grant reconsideration indicates they need further information to issue a just ruling on the venue dispute and other related matters.

Workers' Compensation Appeals BoardPetition for ReconsiderationActing Presiding Workers' Compensation Law JudgeOrder Changing VenuePetition for Removalsubstantial prejudiceirreparable harmchange of venuevenue requirementsex parte appearance
References
Case No. ADJ9651092 ADJ10704031
Regular
Sep 05, 2018

REBECCA SANCHEZ KELLNER vs. STERLING FOODS, INC., REPUBLIC UNDERWRITERS INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed Rebecca Sanchez Kellner's Petition for Reconsideration after the petitioner withdrew it. The decision was filed on September 5, 2018. No further substantive legal issues were addressed as the petition was voluntarily withdrawn.

Petition for ReconsiderationDismissalWithdrawnApplicantDefendantsWorkers' Compensation Appeals BoardSterling FoodsRepublic UnderwritersADJ9651092ADJ10704031
References
Case No. ADJ2752568 (SAL 0109989)
Regular
Jun 16, 2011

REBECCA HANSON vs. UNIVERSITY OF CALIFORNIA SANTA CRUZ, Permissibly Self-Insured

This case involves determining which Permanent Disability Rating Schedule (PDRS) applies to Rebecca Hanson's 2003 industrial injury. The employer argued the 2005 PDRS should apply, reducing her rating from 74% to 42%, as they continued paying temporary disability beyond January 1, 2005. However, the Board found that the employer's October 8, 2003 notice of temporary disability termination, even if later rectified, did not trigger the exception for the 1997 PDRS. Consequently, the Board granted reconsideration, found the 2005 PDRS applicable, and remanded the case for a new rating.

Workers' Compensation Appeals BoardPermanent Disability Rating ScheduleLabor Code section 4660(d)1997 PDRS2005 PDRSTemporary Total DisabilityTemporary Partial DisabilityLabor Code section 4061 NoticeMultiple Disabilities TableAldi v. Carr
References
Case No. ADJ1481761 (SAC 0364589)
Regular
Oct 03, 2011

WANDA BOULT vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS; STATE COMPENSATION INSURANCE FUND

This case involves a correctional officer, Wanda Boult, seeking workers' compensation benefits for a cumulative trauma injury to her heart and cardiovascular system. The defendant, State of California, Department of Corrections, sought reconsideration of the finding that Ms. Boult is 100% permanently totally disabled. The Workers' Compensation Appeals Board denied reconsideration, adopting the judge's report. The court found that the defendant's argument regarding Labor Code section 4658(d)(3)(A) was inapplicable because the applicant's award was based on lifetime temporary disability indemnity, not the formula in section 4658(d)(1).

Workers' Compensation Appeals BoardPermanent DisabilityLabor Code section 4658(d)Labor Code section 4659(b)Labor Code section 4662Correctional Counselor II SpecialistCumulative traumaHeart and Cardiovascular systemPrimary pulmonary hypertensionChronic supraventricular arrhythmias
References
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