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

Case No. ADJ3856430 (LAO 0853077)
Regular
Aug 24, 2012

XIAO BIN ZHOU vs. EASTCOM, INC., EMPLOYERS COMPENSATION INSURANCE COMPANY

This Workers' Compensation Appeals Board order dismisses Xiao Bin Zhou's petition for reconsideration of a prior decision. The dismissal is based on the petitioner's withdrawal of the reconsideration request. The original decision dates were August 11, 2010, and/or November 1, 2010.

Petition for ReconsiderationWithdrawnDismissedWorkers' Compensation Appeals BoardCase No. ADJ3856430LAO 0853077Xiao Bin ZhouEastcom Inc.Employers Compensation Insurance CompanyAugust 11 2010
References
Case No. ADJ9675888
Regular
Mar 03, 2016

XIAO WEN LU vs. HAWAIIAN GARDENS CASINO, INSURANCE COMPANY OF THE WEST

The Workers' Compensation Appeals Board (WCAB) denied Xiao Wen Lu's Petition for Reconsideration in this case against Hawaiian Gardens Casino and its insurer. The WCAB adopted and incorporated the Workers' Compensation Judge's (WCJ) report and reasoning. They gave significant weight to the WCJ's credibility determination, as the judge observed the witness's demeanor, and found no substantial evidence to overturn it. Consequently, the Petition for Reconsideration was denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ credibility determinationGarza v. Workmen's Comp. Appeals Bd.ADJ9675888Hawaiian Gardens CasinoInsurance Company of the Westadministrative law judgedenial of reconsiderationwitness demeanor
References
Case No. ADJ2721412 (VNO 0526008)
Regular
Oct 31, 2011

Margarito Gonzalez vs. Consolidated Disposal Service, Republic Services

The Workers' Compensation Appeals Board rescinded the original Findings and Award and returned the case to the trial level for further medical development. The Board found the Agreed Medical Examiner's apportionment opinion to be unsubstantial due to a lack of clear reasoning and failure to adequately explain changes in his opinion. The Board also noted a clerical error in the award of permanent disability at the temporary disability rate, which will be corrected upon re-issuance of a final determination. Further proceedings are necessary to create an adequate record for determining apportionment of the applicant's respiratory disability.

Cryptococcuspigeon excrementtrash bin repairmancumulative traumarespiratory systempsychehipskneespermanent disabilityapportionment
References
Case No. ADJ11053903
Regular
May 06, 2019

XIAO MEI MA vs. LIN GU, LEXINGTON INSURANCE COMAPANY

The Workers' Compensation Appeals Board granted reconsideration of a prior award, amending it to exclude injury to the applicant's right shoulder. The Board found substantial evidence supported injury to the applicant's mouth, lumbar spine, and left knee, allowing the award for temporary disability and future medical treatment to stand. The employer failed to meet their burden to prove available modified work, thus supporting the temporary disability award. The Board also admonished defense counsel for inappropriate assertions in their petition.

AOE/COEPetition for ReconsiderationFindings and AwardTemporary Disability IndemnityMedical TreatmentQualified Medical ExaminerSubstantial EvidenceMedical OpinionAdmonishmentOdd Lot Doctrine
References
Case No. ADJ1367543 (POM 0286181)
Regular
May 11, 2012

XJU BIN CAO vs. WO HIN INTERNATIONAL, INC., BERKSHIRE HATHAWAY

The Appeals Board rescinded the WCJ's decision, finding that the November 3, 2010 Stipulation and Order was an enforceable contract despite the parties' differing interpretations of unstated interest and penalty clauses. The Board ruled the lien claimant is entitled to interest under Labor Code section 5800 on the $17,000 payment from the agreement date to payment. However, no penalty was awarded as the defendant's delay in payment was not deemed unreasonable.

Workers' Compensation Appeals BoardReconsiderationStipulation and OrderMeeting of the MindsLabor Code Section 5800Lien ClaimantInterestPenaltiesLabor Code Section 5814Unreasonable Delay
References
Case No. ADJ7430667
Regular
May 28, 2013

BIN GUO vs. JP ORIGINAL CORPORATION, OAK RIVER INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and rescinded dismissals of several lien claims. The dismissals were based on the failure to pay a lien activation fee prior to a 2013 lien trial. However, the Board found this error due to a recent interpretation of Labor Code section 4903.06. The Board noted that the Declaration of Readiness was filed and the lien conference occurred before January 1, 2013, making the fee payment requirement inapplicable to the lien trial. The matter was returned for further proceedings, with the Board strongly urging consideration of sanctions against the lien claimants' representative for abandoning the trial.

Lien activation feePetition for ReconsiderationWorkers' Compensation Appeals BoardWCJDeclaration of ReadinessLien ConferenceLien TrialExcusable NeglectSanctionsLabor Code section 4903.06
References
Case No. SFO 0440404, SFO 0488633
Regular
Jan 09, 2008

XIAO MIN LAM vs. SAN FRANCISCO MARRIOTT HOTEL, MARRIOTT CLAIMS SERVICES

The Workers' Compensation Appeals Board granted reconsideration and affirmed the WCJ's decision, amending it to include findings of fact regarding attorney's fees and temporary disability indemnity. Specifically, the applicant's attorney was awarded $1,200 for penalty petition services, and the applicant received additional temporary disability and penalties totaling $109.44 and $27.36 respectively. The Board deferred ruling on other issues including rehabilitation, attorney's fees under LC 4607, and a hospital lien.

Workers' Compensation Appeals BoardReconsiderationTemporary Total DisabilityLabor Code §5814Penalty AwardSelf-Produced Medical ExpenseAttorney's FeesLabor Code §5814.5Rehabilitation UnitLien Claim
References
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