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

Case No. ADJ3885285 (FRE 0248529) ADJ3795787 (FRE 0247126)
Regular
Dec 30, 2008

Larry Shores vs. CITY OF MADERA; ACCLAMATION FRESNO

This case concerns a worker's compensation claim for a back and spine injury sustained by Larry Shores. The Board granted reconsideration, rescinded sanctions imposed on the defendant for litigation tactics, and rescinded a penalty for delayed temporary disability payments. However, it otherwise affirmed the finding of industrial injury, awarded penalties for unreasonable delay in medical treatment, and upheld the need for ongoing medical care, including surgery.

Workers' Compensation Appeals BoardLarry ShoresCity of MaderaAcclamation FresnoADJ3885285ADJ3795787Opinion and Order Granting ReconsiderationFindings and AwardWCJIndustrial Injury
References
Case No. ADJ2562535 (BAK 0151733)
Regular
Jan 07, 2014

STEVE ADAMS vs. COUNTY OF KERN, Permissibly Self-Insured

The Workers' Compensation Appeals Board reversed a finding that the defendant did not unreasonably delay compensation payments. The applicant sustained an industrial injury to his pulmonary system, and medical evidence confirmed the injury was work-related. The Board found that despite the existence of an agreed medical examiner's report confirming the injury, the defendant's denial of liability persisted for an unreasonable period. Consequently, the defendant was found to have unreasonably delayed payments for temporary disability, permanent disability, and mileage reimbursement, with the penalty amount to be determined.

Industrial InjuryPulmonary SystemCode Compliance OfficerPermanent DisabilityReconsiderationLabor Code 5814Delay PenaltiesAgreed Medical ExaminerPulmonary DiseaseOccupational Asthma
References
Case No. ADJ1517004 (SFO 0507766) ADJ2067388 (SFO 0503520)
Regular
Dec 01, 2009

DEIDRA EVANS vs. ANTAMEX AND ZURICH NORTH AMERICA

The WCAB denied defendant's petition for reconsideration of a decision awarding applicant temporary disability indemnity for two separate injuries. The board clarified that the 104-week limitation on payments applies separately to each injury, with credit given for overlapping periods.

Workers' Compensation Appeals BoardDeidra EvansAntamexZurich North AmericaADJ1517004ADJ2067388Petition for ReconsiderationFindings Award and OrderWorkers' Compensation Judgeindustrial injury
References
Case No. ADJ10330377
Regular
Jul 10, 2017

Taylor Baugh vs. Action Holdings, Inc., XL Specialty Insurance

This case concerns a defendant's petition for reconsideration regarding a 10% penalty for underpayment of temporary disability benefits. The Workers' Compensation Appeals Board granted reconsideration and amended the original decision. The penalty was adjusted to apply only to the specific amount of temporary disability that was delayed, not the entire awarded sum, in accordance with Labor Code section 5814.

Labor Code section 5814Petition for ReconsiderationTemporary DisabilityUnderpaymentPenaltyWCJWorkers' Compensation Appeals BoardFindings and AwardDecision After Reconsiderationunreasonable delay
References
Case No. ADJ17388371
Regular
Sep 25, 2025

Doug McCullough vs. Modesto Fire Department, Salida Fire Protection Department District

The defendant, Modesto Fire Department, sought reconsideration of a June 12, 2025, Findings of Fact and Order which imposed two penalties on them for unreasonably delayed benefits to the applicant under Labor Code Section 5814.3. The Appeals Board denied the Petition for Reconsideration, adopting the Workers' Compensation Judge's report. The Board concluded that the defendant had sufficient information to apply the presumption of industrial causation under Labor Code Section 3212.1 and unreasonably denied both inter vivos and death claims, thereby warranting the penalties. The decision also noted a failure to provide accurate notice of case transmission to the Appeals Board as required by Labor Code section 5909(b)(1).

WCABPetition for ReconsiderationLabor Code Section 5909TransmissionSixty-Day PeriodNotice of TransmissionElectronic Adjudication Management System (EAMS)Report and RecommendationFindings of Fact and OrderLabor Code Section 5814.3
References
Case No. SJO 0245865 SJO 0245864 SJO 0245866
Regular
Apr 22, 2008

ANITA REXINGER vs. ELECTROLUX CORPORATION, WAUSAU INSURANCE COMPANIES

The Appeals Board granted reconsideration to clarify vocational rehabilitation temporary disability (VRTD) benefits, holding that earnings from subsequent employment may offset VRTD if the applicant was not concurrently employed at the time of injury. The Board also directed that VRTD benefits should be reduced by unemployment insurance paid for the same period and affirmed the applicant's 1997 W-2 as the basis for calculating average weekly earnings. Finally, the Board rescinded the prior award and returned the matter for further proceedings, including potential reconsideration of the unreasonable delay penalty.

VOCATIONAL REHABILITATIONRECONSIDERATIONSTIPULATIONSPERMANENT DISABILITYREHABILITATION UNITDELAY RATEAVERAGE WEEKLY WAGEATTORNEY FEESCREDIT FOR EARNINGSUNREASONABLE DELAY
References
Case No. ADJ9252177
Regular
Sep 18, 2017

ADAN HERNANDEZ vs. WARD CONSTRUCTION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, returning the case to the trial level. The Board found insufficient evidence to determine if lien claimant National Script Pharmacy's services fell within the statutory delay period for treatment authorization under Labor Code section 5402(c). Furthermore, the Board noted that the issue of a doctor's indictment, which could have triggered a stay under Labor Code section 4615, was not properly raised or proven to apply to the lien claim. Ultimately, the case was remanded for further proceedings to clarify these critical evidentiary and legal issues.

WCABReconsiderationLien ClaimantNational Script PharmacyJudicial NoticeIndictmentBahar DaneshLabor Code 4615Medical TreatmentClaim Form
References
Case No. ADJ2464522 (OAK 0338150)
Regular
Feb 19, 2013

CHARLES COWART vs. JACK IN THE BOX, INC.

The Workers' Compensation Appeals Board granted reconsideration, rescinding the prior award of penalties for unreasonable delay in funding an annuity. The Board found that applicant's own delay in providing necessary information was the primary cause of the annuity funding delay, thus not warranting a penalty. However, the Board affirmed a $10,000 penalty for the employer's unreasonable delay in paying applicant's attorney's fees, to be paid to the applicant, not the attorney. Attorney's fees for enforcing the compromise and release were deferred for trial level resolution.

Workers' Compensation Appeals BoardCompromise and ReleaseLabor Code section 5814PenaltyUnreasonable DelayAnnuity FundingAttorney's FeesReconsiderationFindings and AwardDecision After Reconsideration
References
Case No. SFO 432276
Regular
Dec 31, 2007

JANICE HOLMES vs. NEXT LEVEL COMMUNICATIONS, LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration because it was untimely and improperly filed. The defendant's arguments regarding the WCJ's assessment of penalties for delayed medical treatment and mileage payments were not considered on their merits due to the procedural defect. The Board emphasized that failure to file a petition within the statutory 20-day period (plus mailing time) deprives the Board of jurisdiction.

Workers' Compensation Appeals BoardPetition for Reconsiderationuntimely filingdismissaljurisdictionstatutory time perioddelayed paymentmedical treatmentpenaltyutilization review
References
Case No. GOL 99843
Regular
Oct 03, 2007

KATHLEEN STARTZMAN vs. UNITED AIRLINES, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded the judge's decision, ruling that Labor Code Section 4656(c)(1) limits temporary disability payments to 104 weeks within a two-year period from the initial payment date for a single injury. The WCAB found the employer had met this obligation by paying the maximum compensable weeks allowed, even with prior interruptions and retroactive payments. Consequently, there was no basis for additional temporary disability payments or the imposed penalty for unreasonable delay.

Labor Code section 4656(c)(1)temporary disability indemnity104 compensable weekstwo-year limitationcommencement of temporary disability paymentintermittent paymentsHawkins v. Amberwood Productspetition to terminate liabilityLabor Code section 5814.1penalty
References
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