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

Case No. ADJ1054155 (LAO 0854446) ADJ1247741 (LAO 0854447) ADJ1895803 (LAO 0854448)
Regular
May 03, 2011

HIRITI OKUAMICHAEL vs. PAUL OWENS SHOES INC., STATE FARM FIRE AND CASUALTY COMPANY, STATE COMPENSATION INSURANCE FUND

This amended order clarifies that the Workers' Compensation Appeals Board has granted the applicant's petition for reconsideration of the February 8, 2011 Findings and Awards. This reconsideration aims to allow the Board to thoroughly study the factual and legal issues, including those to be raised in the applicant's supplemental petition. The applicant's request to file a supplemental petition has also been granted and reaffirmed. All future communications regarding these cases should be directed to the Office of the Commissioners of the WCAB.

Supplemental PetitionReconsiderationAppeals Board Rule 10848Findings and AwardsDecision After ReconsiderationOffice of the CommissionersWCABADJ1054155ADJ1247741ADJ1895803
References
0
Case No. ADJ6991789
Regular
Oct 19, 2010

BONNIE MCCLINTIC vs. STATE OF CALIFORNIA, DEPARTMENT OF MOTOR VEHICLES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration regarding a finding that the applicant did not sustain an industrial injury. The applicant's own petition for reconsideration, arguing the evidence supported her claim of injury to her psyche, low back, neck, and jaw, was denied. The Board granted the applicant's request to file supplemental petitions in response to the proceedings. The defendant's initial petition was dismissed because they withdrew it.

Workers' Compensation Appeals BoardDepartment of Motor VehiclesState Compensation Insurance FundFindings of FactPetition for ReconsiderationSupplemental PetitionWCJ ReportApplicantDefendantIndustrial Injury
References
1
Case No. ADJ9829793
Regular
Feb 28, 2020

JOHN SILVA vs. ARS INVESTMENT HOLDINGS, LIBERTY MUTUAL INSURANCE COMPANY

This case involves multiple petitions for reconsideration following an administrative law judge's decision on applicant John Silva's workers' compensation claim. The applicant's petition was dismissed as untimely filed. The defendant's petition was denied on its merits. The lien claimant, representing the applicant's former attorneys, had its petition granted to defer the issue of attorney's fees and related liens. The original decision was otherwise affirmed.

WCABPetition for ReconsiderationPetition for ReconsiderationUntimely FilingTollingLabor CodeShipleyDue ProcessLien ClaimantAttorney's Fees
References
5
Case No. ADJ3808038 (LAO 0819022)
Regular
Feb 11, 2010

NICOLAS F. BENINKOFF (Deceased), LORENA BENINKOFF (Widow) vs. DARCO METAL SURFACING, INC.; and STATE COMPENSATION INSURANCE FUND

The Appeals Board denied petitions for removal and reconsideration from lien claimants and the defendant, and denied the applicant's reconsideration petition. Lien claimants Kan and Ace's petition for removal was denied as they failed to show substantial prejudice, and their reconsideration petition was dismissed as the prior order was not final. The applicant's reconsideration petition was denied because her claim for home healthcare services was deemed an untimely lien claim under Labor Code section 4903.5.

Workers' Compensation Appeals BoardRemovalReconsiderationLien ClaimantsUntimely LienLabor Code section 4903.5Labor Code section 5405Home Healthcare ServicesMedical TreatmentTransportation Expenses
References
5
Case No. ADJ9016733
Regular
May 03, 2016

TYSON CONGER vs. CARE AMBULANCE, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration of a prior award concerning industrial injuries to his low back and psyche. The applicant argues the original findings did not properly weigh evidence and support a higher permanent disability rating. The Board also permitted the applicant to file a supplemental petition to address new information, allowing defendants an opportunity to respond. Reconsideration was granted to ensure a complete review of the record and a just decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationSupplemental PetitionEmergency Medical TechnicianLow Back InjuryPsyche InjuryTemporary DisabilityFuture Medical TreatmentPermanent DisabilityApportionment
References
1
Case No. ADJ3344826
Regular
Nov 09, 2010

RONALD FRYER vs. CORNUCOPIA COMMUNITY MARKET, TRAVELERS INSURANCE

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration regarding an order to authorize medical treatment and pay bills, as well as dismissing the applicant's untimely petition for reconsideration. The defendant argued the WCJ erred in ordering reimbursement for bills not following Utilization Review, while the applicant claimed further wrongdoing and sought an award of benefits. The Board adopted the WCJ's report, denying the defendant's petition, and dismissed the applicant's petition as untimely.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderMedical Treatment AuthorizationPrimary Treating PhysicianMedical Provider NetworkGym MembershipIndustrial InjuryUtilization ReviewApplicant
References
2
Case No. ADJ9173159
Regular
Dec 09, 2016

GARY COTTLE vs. TONY'S EXPRESS, CALIFORNIA TRUCKERS' SAFETY ASSOCIATION

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for reconsideration of a prior administrative law judge's (WCJ) order. This order addressed penalties for unreasonable delay in payment and sanctions for bad faith litigation. Crucially, the WCAB has not received a petition for reconsideration from defendant CTSA and requires them to submit a copy of their petition and proof of timely filing within 20 days. Failure to comply will result in the WCAB proceeding with only the applicant's petition.

WCABPetition for ReconsiderationLabor Code Section 5814Unreasonable DelayCompensation PaymentLabor Code Section 5813Bad Faith LitigationLienTimely FiledProof of Service
References
0
Case No. ADJ3923265 (MON 0243587)
Regular
Jun 24, 2011

, Deirdre vs. RALPHS GROCERY STORE; Permissibly Self-Insured and Administered by SEDGWICK CLAIMS MANAGEMENT SERVICES

This case involves an applicant seeking reconsideration of a workers' compensation award. The applicant's petition focused on a discrepancy in the stipulated dates for permanent disability payments, which the original award failed to fully reflect. The defendant's petition argued for a lack of evidence regarding psychiatric disability apportionment and claimed the applicant was attempting a double recovery for prior injuries. The Appeals Board denied the defendant's petition and granted the applicant's, amending the award to accurately reflect the parties' stipulations on the commencement of permanent disability benefits.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact and AwardPermanent DisabilityCumulative InjuryApportionmentPsychiatric DisabilityLife PensionStipulationsOverpayment
References
1
Case No. ADJ982471 (LAO 0859620)
Regular
Apr 28, 2014

JUVENCIO TORRES-RAMOS vs. FELIX MARQUEZ, REDWOOD FREE INSURANCE COMPANY, BERKSHIRE HATHAWAY

The Workers' Compensation Appeals Board denied the defendant's petition for removal and dismissed the applicant's petition for reconsideration. The Board adopted the WCJ's report, finding that the defendant failed to show significant prejudice or irreparable harm to warrant removal. The applicant voluntarily withdrew their reconsideration petition after understanding that their pain management treatment request lacked the required authorization form. The case was referred to the Independent Medical Review (IMR) process for a decision on the applicant's need for pain management treatment.

WCABPetition for RemovalPetition for ReconsiderationIndependent Medical ReviewIMRsubstantial evidenceutilization reviewtimelyprimary treating physicianDWC Form PR-2
References
1
Case No. ADJ9625941
Regular
Oct 15, 2015

DANIEL BORGSTROM vs. CALIFORNIA STATE UNIVERSITY CHANNEL ISLANDS, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board dismissed both the applicant's and defendant's petitions for reconsideration, as they were taken from non-final interlocutory orders concerning a discovery dispute over deposing the Chief of Police. The applicant's petition for removal was dismissed as moot because the WCJ rescinded the order denying the deposition, thereby allowing it. Finally, the defendant's petition for removal was denied, as they failed to demonstrate substantial prejudice or irreparable harm, and liberal discovery for the fair resolution of cases was favored.

WCABPetition for ReconsiderationPetition for RemovalOrder RescindingDepositionChief of PoliceDiscovery DisputeNon-final OrderInterlocutory OrderDue Process
References
10
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