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

Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ7419350
Regular
Apr 27, 2015

MARLON WHITLEY vs. BELL PLASTICS, THE HARTFORD

The Appeals Board granted reconsideration of the WCJ's attorney fee split, rescinding the original order. The WCJ failed to adequately consider all statutory factors for a reasonable attorney fee, specifically the responsibility assumed, care exercised, and results obtained, relying too heavily on estimated hours. The case is returned to the WCJ for further proceedings, development of the record, and a new decision. This new decision must properly consider all relevant factors mandated by Labor Code section 4906 and WCAB Rule 10775.

Workers' Compensation Appeals BoardPetition for ReconsiderationAttorney's Fee SplitLabor Code section 4906WCAB Rule 10775Findings and OrderSanctionHourly Attorney's FeesGood Faith NegotiationTime Expended
References
Case No. ADJ2854490
Regular
Jul 09, 2009

FRANK LAZAREWICZ vs. GLOBAL WOOD SOURCE INC., STATE COMPENSATION INSURANCE FUND

This case concerns a defendant's petition for removal challenging the applicant's chosen venue. The defendant argued the venue was improper under Labor Code section 5501.5(a)(3) and that their objection was timely. The Appeals Board agreed that the defendant's prior communication constituted a sufficient objection. Consequently, the Board granted the petition, rescinded the prior order denying a venue change, and ordered the case returned to the trial level to change venue to the San Jose district office, where the applicant resides and the injury occurred.

Workers' Compensation Appeals BoardPetition for RemovalOrder Denying Change of VenueLabor Code section 5501.5(a)(3)Timely ObjectionVenue TransferSan Jose District OfficeApplicant ResidenceInjury OccurrenceRescind
References
Case No. POM 0231129
Regular
Jun 03, 2008

PEGGY MAYER SPIER vs. BRIDGECREEK RETIREMENT HOME, LIBERTY MUTUAL INSURANCE COMPANY

This case involves a dispute over attorney's fees from a workers' compensation settlement. The WCJ initially divided the remaining $10,500 in fees based solely on the length of representation, awarding $9,450 to the applicant for self-representation and $1,050 to the former attorney. The former attorney sought reconsideration, arguing the WCJ improperly ignored statutory factors like responsibility, care, time, and results obtained. The Appeals Board granted reconsideration and remanded the case for a new fee determination based on all four statutory criteria.

Workers' Compensation Appeals BoardReconsiderationAttorney's FeesCompromise and ReleasePropria PersonaLien ClaimantAgreed Medical ExaminerThoracic Outlet SyndromeLabor Code Section 4906(d)Rule 10775
References
Case No. ADJ10443669
Regular
Oct 04, 2017

Donna Carter vs. Rose International Group, OneBeacon Insurance Group

The Appeals Board affirmed the Workers' Compensation Judge's finding that Donna Carter sustained an industrial injury to her right knee and left wrist on May 18, 2016. Despite inconsistencies in the applicant's testimony regarding a slip and fall incident, her account was corroborated by a witness who found her on the floor. Medical records from the day of the incident also supported the applicant's claim, establishing a clear mechanism of injury. The Board found that the common sense nature of a slip and fall does not require expert medical opinion to establish industrial causation for the incident itself.

ADJ10443669Rose International GroupOneBeacon Insurance GroupDonna CarterWorkers' Compensation Appeals BoardOpinion and Decision After Reconsiderationslip and fallindustrial injuryright kneeleft wrist
References
Case No. ADJ10456401
Regular
Oct 25, 2016

JUAN RIVAS vs. NORTH AMERICAN TRAILER, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

This case concerns a Petition for Reconsideration filed by Juan Rivas related to a workers' compensation award. The Workers' Compensation Appeals Board reviewed the petition and the WCJ's report. Adopting the WCJ's reasoning, the Board denied Rivas's petition for reconsideration.

Petition for ReconsiderationDeniedWCJ ReportAdoptedIncorporatedWorkers' Compensation Appeals BoardAward (Assumed)Van Nuys District OfficeADJ10456401North American Trailer
References
Case No. ADJ10149777
Regular
Dec 31, 2015

TIMOTHY PRATT vs. SOUTHERN MARIN FIRE PROTECTION DISTRICT, ATHENS ADMINISTRATORS

The Workers' Compensation Appeals Board denied the applicant's petition for removal, upholding a prior order changing the venue from Oakland to Redding. The change was granted because the applicant resides in Grass Valley, and the Redding District Office is the closest Appeals Board office to that location. The applicant failed to demonstrate factual prejudice stemming from the venue change. Therefore, the original venue change order is affirmed.

Petition for RemovalVenue ChangeLabor Code Section 5501.5Workers' Compensation Appeals BoardAdministrative Law JudgeOakland District OfficeRedding District OfficeApplicant ResidenceAttorney Principal Place of BusinessCumulative Trauma
References
Case No. ADJ8841436
Regular
Jul 11, 2014

RONALD LAWRENCE vs. JOHN MUIR HEALTH

The Workers' Compensation Appeals Board denied Ronald Lawrence's petition for reconsideration of the denial of his back injury claim. The Workers' Compensation Judge found Lawrence not credible, citing inconsistencies in his account of the injury. The medical records were ambiguous and the judge gave great weight to his credibility determination, adopting the judge's reasoning for the denial.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJCredibilityBurden of ProofDisputed InjuryTestimonial EvidenceMedical RecordsLabor CodeAdmissibility of Evidence
References
Case No. ADJ2610658 (BAK 0153868)
Regular
Sep 14, 2012

EUNICE WHELDON vs. GOLDEN EMPIRE TRANSIT

The Workers' Compensation Appeals Board granted reconsideration to reverse a prior decision, finding the applicant's claim barred by the statute of limitations. The applicant, a bus driver, injured her knees in 2005 but did not file a claim until May 2008 and received medical treatment in 2010. Although the employer did not provide the statutory notice of rights, the Board found this was not required as the applicant lost no time from work and initially stated she did not need medical treatment beyond first aid. Therefore, the Board concluded the employer was not estopped from raising the statute of limitations defense.

Workers' Compensation Appeals BoardGolden Empire Transitindustrial injurybilateral kneestemporary disabilityfurther medical treatmentLabor Code section 5401(a)statute of limitationstollingApplication for Adjudication of Claim
References
Case No. SDO 304863
Regular
Jun 09, 2008

FELICIANO CAMPOS vs. EARL K. POWERS CONSTRUCTION, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION FOR LEGION INSURANCE COMPANY, IN LIQUIDATION C/O BROADSPIRE SERVICES, INC.

The Workers' Compensation Appeals Board (WCAB) denied the applicant's Petition for Removal, finding no substantial prejudice or irreparable injury. The Board adopted the WCJ's report and reasoning, reiterating that removal is an extraordinary remedy rarely granted. Therefore, the petition for removal was officially denied.

Workers' Compensation Appeals BoardPetition for RemovalDeniedSubstantial PrejudiceIrreparable InjuryWCJ ReportAdministrative Law JudgeExtraordinary RemedyWrit DeniedLegion Insurance Company
References
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