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

Case No. ADJ6527507
Regular
Oct 18, 2010

Wayne Moore vs. EAST BAY MUNICIPAL UTILITY DISTRICT, ATHENS ADMINISTRATORS

The Appeals Board granted reconsideration, finding the WCJ improperly substituted his medical judgment for the Qualified Medical Evaluator's (QME) regarding the applicant's industrial sleep disturbance. The WCJ's finding of no industrial sleep impairment, despite the QME's opinion indicating such, was deemed erroneous. The Board rescinded the original award and remanded the case for a new rating that incorporates the QME's findings on sleep disturbance. Additionally, the WCJ must correct an identified occupational group number error in future rating calculations.

Workers' Compensation Appeals BoardWayne MooreEast Bay Municipal Utility DistrictAthens Administratorsmachinist maintenance workermachinistmachinist maintenancepermanent disabilityapportionmentQualified Medical Evaluator
References
Case No. ADJ3419685 (GRO 0029797)
Regular
Dec 10, 2000

MARLENA MOORE vs. ALBERTSONS, SPECIALTY RISK SERVICES

This case involves a Petition for Removal filed by Marlena Moore against Albertsons and Specialty Risk Services. The Workers' Compensation Appeals Board (WCAB) has reviewed the petition and the report from the workers' compensation administrative law judge. Consequently, the WCAB has denied the Petition for Removal. The decision incorporates the reasoning provided in the WCJ's report.

WORKERS' COMPENSATION APPEALS BOARDMARLENA MOOREALBERTSONSSPECIALTY RISK SERVICESPetition for RemovalWCJ reportdenial of removaladministrative law judgeADJ3419685GRO 0029797
References
Case No. ADJ2440985 (EUR 037746)
Regular
Jun 11, 2014

FRANK McCOVEY vs. WAYNE BARE TRUCKING, STATE COMPENSATION INSURANCE FUND

In McCovey v. Wayne Bare Trucking, the Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration as untimely. The petition was filed on April 17, 2014, over 25 days after the Board's decision was served on March 3, 2014. California law allows 20 days for reconsideration, plus an additional 5 days for mailing, and filing is determined by receipt date, not mailing date. As the petition was received beyond the jurisdictional deadline, the Board lacked the power to grant it.

Petition for ReconsiderationUntimelyDismissalLabor Code Section 5903WCAB Rule 10507JurisdictionalAppeals BoardWayne Bare TruckingState Compensation Insurance FundMaranian v. Workers' Comp. Appeals Bd.
References
Case No. ADJ1160178 (SAC 0339624)
Regular
Feb 07, 2014

GARY RAUSSER vs. CONSOLIDATED PERSONNEL CORPORATION, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, For LEGION INSURANCE, In Liquidation, BENJAMIN MOORE PAINTS, LUMBERMENS MUTUAL GROUP

This workers' compensation case involves CIGA's petition for reconsideration regarding an applicant's injury while employed by Consolidated Personnel Corp. CIGA sought reimbursement from Benjamin Moore Paints and its insurer, Lumbermens, claiming the applicant was a special employee. However, CIGA subsequently withdrew its reimbursement petition and reconsideration request due to a change in circumstances and a global settlement. The Appeals Board vacated its grant of reconsideration, dismissed CIGA's petition, and returned the matter for the trial judge to consider the parties' stipulation for dismissal.

California Insurance Guarantee AssociationCIGAspecial employeeBenjamin Moore PaintsConsolidated Personnel Corp.Legion Insuranceliquidationreimbursementstipulated awardpermanent disability
References
Case No. SDO 360686
Regular
Jun 22, 2008

HANK MOORE vs. COUNTY OF RIVERSIDE

The Workers' Compensation Appeals Board denied the County of Riverside's petition for rehearing regarding Hank Moore's disability retirement. The Board found the County's arguments regarding the timeliness of their petition and the introduction of newly discovered medical evidence unpersuasive. The existing evidence, particularly from Dr. Esch, sufficiently supported the finding that Mr. Moore's disability was industrially caused.

Workers' Compensation Appeals BoardCalPERS disability retirementdeputy sheriffindustrial injurypermanent disabilityGovernment Code section 21166petition for rehearingnewly discovered evidenceQualified Medical EvaluatorOfficial Address Record
References
Case No. ADJ7503681
Regular
Jul 24, 2012

WAYNE RADLOFF vs. ATLANTA FALCONS

Defendant National Union petitioned for the Workers' Compensation Judge's disqualification based on unspecified grounds, requesting reassignment. The Workers' Compensation Appeals Board dismissed the petition because it lacked the required affidavit or declaration detailing facts for disqualification. Furthermore, the petition was not verified, violating WCAB Rule 10842(b). Consequently, the Board denied the request for disqualification and reassignment.

WORKERS' COMPENSATION APPEALS BOARDWayne RadloffAtlanta FalconsADJ7503681Petition for DisqualificationCCP § 641(f)CCP § 641(g)Labor Code section 5311WCAB Rule 10452affidavit
References
Case No. ADJ2034254 (RIV 0075737)
Regular
Jan 30, 2015

WAYNE MAVERICK vs. MARRIOTT INTERNATIONAL

The Applicant sought reconsideration of an award that apportioned his psychiatric permanent disability. The Appeals Board granted reconsideration, finding the Agreed Medical Examiner's apportionment of psychiatric disability was not supported by substantial medical evidence. The Board ruled the Applicant was entitled to an unapportioned award for his psychiatric permanent disability. Consequently, the permanent disability award and attorney's fees were increased.

Workers' Compensation Appeals BoardWayne MaverickMarriott InternationalAmended Findings and Awardapportionmentpermanent disabilitylumbar spinepsycheAgreed Medical ExaminerDr. Feldman
References
Case No. ADJ7193906
Regular
Oct 16, 2013

JOSH MOORE vs. LOS ANGELES CLIPPERS, FEDERAL INSURANCE COMPANY

This case concerns Josh Moore's workers' compensation claim against the Los Angeles Clippers. The Appeals Board reconsidered a prior award, ultimately rescinding the temporary disability indemnity. While affirming the finding of permanent disability, the Board found no substantial medical evidence supported Moore's temporary disability claim for the two months post-retirement. A dissenting opinion argued that the applicant's credible testimony and the Agreed Medical Examiner's opinion constituted substantial evidence for temporary disability.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardIndustrial InjuryProfessional Basketball PlayerTemporary Total DisabilityPermanent Partial DisabilityLabor Code section 4061Labor Code section 4660(d)Agreed Medical Examiner
References
Case No. LAO 452456
Regular
Dec 27, 2007

Clennon Moore vs. COUNTY OF LOS ANGELES

The Workers' Compensation Appeals Board granted reconsideration and rescinded a previous Findings and Award because the Administrative Law Judge (WCJ) failed to determine which version of Labor Code section 5814 applied to the applicant's claim for penalty payments. The WCJ also made conditional findings and left the exact penalty amount for future negotiation, which the Board found improper. The case is returned to the trial level for the WCJ to make definitive findings of fact and law on all presented issues.

Labor Code section 5814unreasonable delaycompensation penaltiesFindings and AwardreconsiderationrescindedWorkers' Compensation Appeals BoardWCJdate of injurytemporary disability
References
Case No. GRO 0029797
Regular
Dec 21, 2007

MARLENA MOORE vs. ALBERTSONS, SPECIALTY RISK SERVICES

The Appeals Board granted reconsideration to further develop the medical record regarding applicant's headaches. While the applicant's injury to her neck and right shoulder was affirmed, the WCJ's denial of injury to bilateral upper extremities and headaches was modified. The case is remanded for further proceedings specifically on the industrial causation of the applicant's headaches.

Workers' Compensation Appeals BoardMarlena MooreAlbertsonsSpecialty Risk ServicesGRO 0029797Opinion and Order Granting ReconsiderationIndustrial InjuryNeck InjuryRight Shoulder InjuryBilateral Upper Extremities
References
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