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

Case No. ADJ608971 (SAC 0345754)
Regular
Mar 22, 2010

ROGELIO ROJAS vs. ALLIED WASTE INDUSTRIES INC, AMERICAN HOME ASSURANCE

This case involved a dispute over a 15% increase in permanent disability benefits for an employee who sustained a 100% permanent disability. The defendant argued this increase, under Labor Code section 4658(d), did not apply to total permanent disability awards and challenged the retroactive date for annual wage adjustments. The Appeals Board granted reconsideration, reversing the 15% increase because Labor Code section 4658(d) applies only to permanent disability awards calculated under a specific chart, not to total permanent disability. The Board affirmed the annual wage adjustment date based on precedent and deferred attorney fees pending recalculation.

Workers Compensation Appeals BoardRogelio RojasAllied Waste Industries IncAmerican Home AssuranceFindings Award and Orderpermanent disabilitypermanent total disabilityLabor Code section 4658(d)(2)state average weekly wageSAWW adjustment
References
3
Case No. MISSING
Regular Panel Decision

Conroy v. Conroy

O’Connor, J., dissents from the majority's decision concerning the interpretation of an ambiguous child support provision within a separation agreement. The key dispute revolves around a clause obligating the defendant to pay '1% of any gross annual increase in the husband’s earnings from the amount set forth above ($8,000), payable on a weekly basis.' The judge argues that the majority's interpretation, which would result in the defendant paying 52% of any income increase over $8,000 annually, is highly implausible. This interpretation would lead to excessively high child support payments for a single child, especially considering the plaintiff's subsequent employment and the defendant's other financial commitments. O’Connor, J. contends that the failure to conduct an evidentiary hearing to ascertain the parties' original intentions during the drafting of the separation agreement constitutes a gross abuse of discretion and has resulted in a significant injustice to the defendant. Therefore, the judge advocates for reversing the order and remanding the matter to Special Term for such a hearing.

Child SupportSeparation AgreementAmbiguous ContractEvidentiary HearingContract InterpretationMarital AgreementJudicial DissentSpousal ObligationsIncome IncreaseFinancial Obligation
References
1
Case No. ADJ1653540 (SRO 0127586) ADJ1770635 (SRO 0127587)
Regular
Feb 08, 2011

RAUL VILLAPANDO vs. MENDOCINO FOREST PRODUCTS, STATE COMPENSATION INSURANCE FUND

This case involves a defendant's challenge to an administrative law judge's (WCJ) attorney's fee award. The WCJ previously increased the applicant's permanent disability rating and awarded the attorney a fee based on the present value of potential future cost-of-living increases to the applicant's life pension, using a speculative 4.7% annual increase. The Appeals Board granted reconsideration, rescinded the award, and returned the case to the trial level. This action was taken because the issue of basing attorney's fees on future Labor Code section 4659(c) increases, and their calculation, was never properly litigated or discussed by the parties. The applicant's attorney bears the burden of proof on this issue at the new hearing.

Workers' Compensation Appeals BoardReconsiderationNew and Further DisabilityPermanent DisabilityAttorney's FeesLife PensionLabor Code Section 4659(c)Cost of Living AdjustmentState Average Weekly WageStipulated Award
References
0
Case No. ADJ361974
Regular
Feb 11, 2013

ANA VELASQUEZ vs. AMERICAN BUILDING MAINTENANCE

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a $1,000 sanction against applicant's attorney, Peter T. Brown, and his firm. The original sanction was for violating rules regarding supervision of non-attorney employees and requiring specific written authorization for settlement documents. The WCAB found Brown's conduct, including alleged misrepresentations and failure to adequately supervise his employee's submission of a compromise and release without full disclosure, warranted an increased sanction. The WCAB is now considering imposing a sanction of up to $2,500 and has given Brown an opportunity to show cause why this increase is not warranted.

Workers' Compensation Appeals BoardSanctionsPetition for ReconsiderationFindings and OrderAdministrative Law JudgeCompromise and ReleaseSupervisionWritten AuthorizationCumulative TraumaGood Faith Negotiation
References
0
Case No. ADJ6610233
Regular
Nov 18, 2014

WILLIAM WILLIAMS (Deceased) vs. STATE OF CALIFORNIA, CDCR - PLEASANT VALLEY STATE PRISON, Legally Uninsured; STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, Adjusting Agency

This case concerns a deceased correctional officer whose dependent sons were awarded death benefits. The Appeals Board denied reconsideration of its prior order requiring an offset for a CalPERS special death benefit received by the decedent's widow, deeming it consistent with precedent and statutory intent. The Board also issued a notice of intention to disallow the applicant's attorney's requested fee increase due to non-compliance with a rule regarding notice to the client of adverse interests. Compliance with this rule is required for the fee increase to be considered by the trial judge.

CalPERSspecial death benefitoffsetdeath benefitsdependent childrenattorney's feesWCAB Rule 10778adverse interestindependent counselPetiton for Reconsideration
References
4
Case No. STK 161185, STK 172919
Regular
Apr 21, 2008

DARLINE STEWART vs. LEPRINO FOODS

This case concerns a lien claimant, Dr. Madireddi, seeking increased compensation for medical-legal reports. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, affirming the original decision but amending it to award Dr. Madireddi higher fees for her reports. The amended decision includes compensation for report preparation, stop-pay expenses, a 10% increase, and 7% annual interest for both reports.

Workers' Compensation Appeals BoardLeprino FoodsDarline StewartLien ClaimantL. Neena MadireddiMedical-Legal ReportFindings and OrderPetition for ReconsiderationWCJFee
References
0
Case No. ADJ6790437
Regular
Jun 23, 2010

CHRISTOPHER PECKHAM (Dec'd) LISA FALVO-PECKHAM (Widow) vs. RESOLUTION LAW CORP AND REPUBLIC INDEMNITY CO. OF AMERICA

This case concerns a widow's petition for reconsideration of death benefits for her deceased husband. The applicant argued that death benefits should be annually adjusted based on the State Average Weekly Wage (SAWW), even if the decedent's actual earnings did not increase. The Workers' Compensation Appeals Board denied the petition, affirming the administrative judge's finding. The Board concluded that Labor Code section 4453(a)(10) only sets maximum rates and does not mandate automatic increases for death benefits beyond calculated average weekly earnings.

Workers' Compensation Appeals BoardDeath BenefitsPetition for ReconsiderationLabor Code Section 4453(a)(10)State Average Weekly Wage (SAWW)Earning CapacityStipulated AwardApplicant TestimonyExpert TestimonyFinancial Controller Testimony
References
1
Case No. MISSING
Regular Panel Decision

Huddleston v. Rufrano

The mother appealed a Family Court order denying her objections to a child support magistrate's decision, which directed the father to pay $155 per week. The appellate court modified the order, increasing the father's child support obligation to $259 per week. The court found that the Support Magistrate failed to properly impute additional income to the father, including payments from his business, A & J Drain, Inc., and earnings generated by his father-in-law. The father's testimony regarding his finances was deemed incredible. The appellate court determined the father's annual income to be $78,830.82, justifying the increased child support payment.

Child SupportIncome ImputationSelf-EmploymentWorkers' CompensationCredibilityAppellate ReviewFamily LawModification of SupportFinancial DisclosureSupport Magistrate
References
5
Case No. ADJ1510738 (SJO 0251902)
Regular
Feb 13, 2009

XXZZX SJO2 vs. SUBSEQUENT INJURIES BENEFITS TRUST FUND

This case concerns a Subsequent Injuries Benefits Trust Fund (SIF) petition to reconsider an untimely dismissal of their initial petition. The SIF argued their petition was timely filed but not date-stamped due to clerk training. The Appeals Board rescinded the dismissal and addressed the merits of the SIF's original petition. The core issue was the interpretation of Labor Code section 4659(c) regarding the commencement of annual increases to permanent total disability indemnity for injuries occurring on or after January 1, 2003. The Board affirmed the finding that these increases begin on January 1 following the date of injury, not from the date of the first payment, to protect injured workers from inflation.

Subsequent Injuries Benefits Trust FundPetition for Reconsiderationuntimely filedFindings and Awardindustrial injurypre-existing disabilitypermanent disabilityLabor Code section 4659life pensiontotal permanent disability indemnity
References
0
Case No. MISSING
Regular Panel Decision

Waldstreicher v. Michaelian

This is an Article 78 proceeding initiated by social workers in Westchester County seeking a salary increase as per Social Welfare Law § 79-a for those with suitable graduate training. The county interposed several affirmative defenses, including claims of unconstitutionality, infringement on home rule, and the existence of an alternative incentive plan. The court rejected the county's arguments, affirming the Legislature's power to amend the Civil Service Law and ruling that the matter was of state concern, thus not violating home rule. It also determined that the State Department of Social Welfare's failure to promulgate regulations did not deny qualified persons their benefits, and that local department approval of graduate training was appropriate. The court found the county's purported alternative plan to be invalid due to a lack of state approval. Ultimately, the court granted relief to employees who have completed the necessary graduate training, with a provision for further hearing if individual eligibility issues arise.

Article 78 ProceedingSalary IncreaseSocial Welfare LawCivil Service LawHome RuleGraduate TrainingPublic EmployeesStatutory InterpretationConstitutional LawWestchester County
References
4
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