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

Case No. ADJ1468790 (RIV 0078105)
Regular
Feb 21, 2014

AUSTREBERTO FLORES, EFIGENIA FLORES vs. CARSON CAPITAL CORPORATION, AMERICAN HOME ASSURANCE COMPANY

The Workers' Compensation Appeals Board affirmed the administrative law judge's finding that applicants failed to prove a serious and willful violation or safety violation causing the decedent's death. The WCJ found the employer had no knowledge of the cart's mechanical issues, deeming the throttle spring break a spontaneous event. The Board upheld this, giving more weight to the credible testimony of the employer and defense witness over unsworn hearsay statements from co-employees not produced for cross-examination. A dissenting commissioner argued for further development of the record, noting consistent employee statements suggesting employer knowledge of mechanical problems and failure to act.

Serious and willful violationSafety violationDeath benefitsCompromise and ReleasePetition for ReconsiderationFindings and OrderCompetent hearsayDeposeCross-examinationCredibility findings
References
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. SDO 0312666
Regular
Jul 09, 2007

FELINO CARIASO vs. SOLAR TURBINES, INC.

The Workers' Compensation Appeals Board awarded applicant's counsel $5,000 in attorney's fees for responding to defendant's petition for writ of review, disallowing a portion of the requested hours and reducing the hourly rate from $275 to $250. The Board found the complexity of the issues and cited authorities to be of "average complexity." Additionally, $486.45 in costs were awarded for reproduction and binding of legal documents, supported by submitted bills.

Labor Code § 5801Labor Code § 5811Attorney's FeesCostsPetition for Writ of ReviewCourt of AppealRemandSupplemental AwardAppellate Attorney's FeesReasonable Hourly Rate
References
Case No. AHM 0097527
Regular
Jun 04, 2008

WILLIAM DAVID SCOTT vs. DOWNEY UNIFIED SCHOOL DISTRICT

Following a remand from the Court of Appeal for an award of attorney's fees and costs, the Workers' Compensation Appeals Board awarded applicant's counsel $2,500 for appellate attorney's fees and $421.68 for costs. The Board found the requested 25 hours excessive for an answer of average complexity, awarding fees based on 10 hours at $250/hour, considering the attorney's experience, the results obtained, and the case's limited complexity. Costs for printing were allowed upon review of provided receipts.

Workers' Compensation Appeals BoardPetition for Writ of ReviewAttorney's FeesCostsLabor Code § 5801Labor Code § 5811Appellate Attorney's FeesReasonable Hourly RateCase ComplexityItemization
References
Case No. ADJ921287
Regular
Nov 14, 2008

Anthony J. Coppi vs. CITY OF WEST COVINA

The Workers' Compensation Appeals Board granted reconsideration of its prior decision awarding attorney's fees. The Board increased the appellate attorney's fees from $2,500.00 to $5,675.00 and awarded $559.24 in costs. This adjustment was based on a revised review of the attorney's work, experience, and the complexity of the appellate issues, as well as the submission of billing statements and receipts.

Labor Code section 5801attorney's feesreconsiderationappellate attorney's feesOpinion and AwardPetition for Writ of ReviewWorkers' Compensation Appeals Boardhourly rateexperienceskill
References
Case No. FRE 0193970
Regular
Aug 07, 2007

STEVEN L. SMITH vs. IMC CHEMICAL, INC.

The Court of Appeal remanded this case for the Appeals Board to award attorney's fees for responding to the defendant's petition for writ of review. The applicant's attorney requested $15,600 for 52 hours of work, citing extensive research and numerous case citations. The Appeals Board awarded $3,750, finding the requested amount excessive and deeming 15 hours at $250/hour reasonable for the slightly above-average complexity of the appellate issues.

WCABLabor Code § 5801Petition for Writ of ReviewAttorney's FeesFifth Appellate DistrictRemandSupplemental AwardPetition for ReconsiderationSubstantial EvidenceNovel Issue
References
Case No. ADJ3237915 (LBO 0375567) ADJ2373677
Regular
Mar 04, 2011

SHERYL WILLIS vs. PINKERTON GOVERNMENT SERVICES, BROADSPIRE

The Workers' Compensation Appeals Board denied a petition for reconsideration concerning an Order Approving Compromise and Release (OACR). The applicant's attorney sought reconsideration based on an alleged inadvertent miscalculation of attorney fees, claiming a $750 award instead of the requested $900. The Board found the petition lacked statutory basis and failed to establish good cause, noting no allegations of fraud or mutual mistake. Furthermore, the attorney failed to provide required notice to the applicant regarding the adverse interest in seeking increased fees.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Approving Compromise and ReleaseAttorney FeesInadvertent MiscalculationCompromise and ReleaseMandatory Settlement ConferenceDisputed IssuesLabor Code Section 5903Good Cause Showing
References
Case No. ADJ7264915
Regular
Jul 15, 2013

ANA GONZALES vs. WAL-MART ASSOCIATES, INC., ACE AMERICAN INSURANCE

This case involves an applicant who sustained industrial psychiatric injury but whose orthopedic claims were denied due to insufficient medical evidence. The Appeals Board denied the applicant's petition for reconsideration, finding the applicant failed to present substantial medical evidence of industrial causation for her orthopedic complaints. A dissenting commissioner argued that the primary medical evaluator's report was deficient and lacked substantial evidence, warranting further development of the record on orthopedic injuries and other claims. The dissent emphasizes the Board's duty to ensure substantial justice, suggesting it should have ordered further investigation on the denied orthopedic issues.

WCABPetition for ReconsiderationFindings and Orderindustrial injurypsychelow backneckright shoulderright wristright elbow
References
Case No. ADJ6776516
Regular
May 30, 2017

FRANCIS HARGREAVES vs. SOUTHWEST AIRLINES, ACE USA INSURANCE CO.

This case involves an applicant seeking workers' compensation benefits for injuries sustained on the job, including to his back, left shoulder, left wrist, and psyche, as well as complex regional pain syndrome, coronary artery disease, and a sleep disorder. The defendant sought reconsideration of the initial award, arguing that the medical evidence did not support the $90\%$ permanent disability finding. The Appeals Board granted reconsideration, affirming the findings of injury and treatment for Complex Regional Pain Syndrome but reducing the permanent disability to $88\%$ by excluding the sleep disorder impairment due to insufficient objective evidence. The applicant's permanent disability payments were recalculated and ordered to commence from January 21, 2011.

Workers' Compensation Appeals BoardFrancis HargreavesSouthwest AirlinesACE USA Insurance Co.Sedgwick CMSADJ6776516Opinion and Order Granting Petition for ReconsiderationFindings Award and OrderAOE/COEback injury
References
Case No. SAC 355328
Regular
Jul 12, 2007

COLLEEN JORDAN vs. UNITED STATES FIRE INSURANCE

The Court of Appeal remanded this case for the Appeals Board to award attorney's fees to the applicant for responding to the defendant's petition for writ of review. The Appeals Board awarded $4,470.00 in attorney's fees, calculated at $300 per hour for 14.9 hours of work. This award reflects the attorney's experience, the complexity of the case, and the successful opposition to the writ.

Labor Code § 5801attorney's feesWrit of ReviewCourt of Appealsupplemental awardhourly rateworkers' compensation specialistappellate complexityreasonable attorney's feesWCAB
References
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