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

Case No. ADJ7673518, ADJ7647749
Regular
Jan 23, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION / CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant sustained industrial injury to her neck. While the applicant testified to injuring her neck in a workplace incident and this was partially corroborated, the Board found insufficient evidence for other claimed injuries. The Board specifically disagreed with the administrative law judge's credibility assessment concerning the neck injury itself, relying on medical reports and testimony supporting the neck injury claim. The Board affirmed the denial of claims for all other alleged injuries, finding insufficient medical evidence to link them to the incident.

Petition for ReconsiderationFindings and OrderIndustrial InjuryNeck InjuryBack InjurySpine InjuryUpper ExtremitiesPsycheGastroesophageal SystemInternal System
References
Case No. ADJ574848
Regular
May 14, 2012

, DAVID FITZGERALD vs. , STATE OF CALIFORNIA EMPLOYMENT DEVELOPMENT DEPARTMENT

This case concerns a dispute over attorney's fees awarded from a life pension. The defendant sought reconsideration of a supplemental award granting applicant's attorney an additional 15% of the life pension's present value. The Appeals Board granted reconsideration, finding the original award in December 2010 already included a specific attorney's fee for the life pension. Since applicant's counsel did not seek reconsideration of that initial award, they waived their right to a further fee. Therefore, the Board rescinded the supplemental award and ruled the attorney was not entitled to additional fees.

Workers' Compensation Appeals BoardSupplemental Findings and AwardAttorney FeeLife PensionPresent ValuePetition for ReconsiderationAmended Findings and AwardIndustrial InjuryCumulative PeriodPermanent Disability
References
Case No. ADJ9865530
Regular
Mar 20, 2015

Baldemar Gonzalez, Jr. vs. Morganite Industries, Gallagher Bassett

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration of a prior award. The petition was dismissed because it was filed untimely and was not properly verified. Although the applicant alleged fraud in obtaining the award, and the stipulations appear to lack a required signature, the Board cannot act on these grounds due to procedural deficiencies and expired timeframes. The applicant may still pursue relief under the Board's continuing jurisdiction concerning rescission, alteration, or amendment of the award within five years of the date of injury.

Petition for ReconsiderationStipulations with Request for Awardfraudmisrepresentationuntimely filingverificationLabor Code Section 5902Labor Code Section 5903continuing jurisdictionLabor Code Sections 5803-5804
References
Case No. ADJ4229205 (MON0323976)
Regular
Oct 03, 2017

ADRINE GARABEDIAN vs. DANIEL BOUDAIE, an individual, dba DANIEL BOUDAIE, D.D.S., UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Workers' Compensation Appeals Board denied reconsideration of a prior award. The applicant's attorney fees under Labor Code § 5814.5 were determined in a 2013 award, which became final despite the exact amount being deferred for itemization. The Board found that the applicant was not seeking penalties more than two years from the due date, and therefore, Labor Code § 5814(g) did not apply to bar recovery. The prior award established a substantive right to attorney fees, and the reservation of jurisdiction for amount adjustment did not negate its finality.

WORKERS' COMPENSATION APPEALS BOARDPETITION FOR RECONSIDERATIONDENYWCJ REPORTADRINE GARABEDIANDANIEL BOUDAIEUNINSURED EMPLOYERS BENEFITS TRUST FUNDSECTION 5814(G)PENALTIESATTORNEY FEES
References
Case No. ADJ5806281
Regular
Jul 03, 2012

DEBBIE SCHLATER vs. NORTH COAST DRIVERS, STATE COMPENSATION INSURANCE FUND

This case concerns an applicant's petition to reopen for new and further disability after an initial award became final. The Workers' Compensation Appeals Board (WCAB) granted removal to review an administrative law judge's denial of a voluntary arbitration request. The WCAB clarified that while arbitration is generally prohibited after testimony is taken, it is permissible for issues not decided in a final award. Therefore, the WCAB rescinded the denial, allowing the parties to arbitrate the new and further disability claim.

Petition for RemovalVoluntary ArbitrationWCAB Rule 10997Labor Code section 5275(b)Court Administrator Rule 10296(a)Findings and AwardNew and Further DisabilityReopen CaseDisability Evaluator TestimonyFinal Award
References
Case No. ADJ3190591 (SFO 0510866) ADJ9088362 ADJ9524437
Regular
Nov 21, 2014

ISAIAH KACYVENSKI vs. OAKLAND RAIDERS; ACE USA Administered by ESIS; ST. LOUIS RAMS and GREAT DIVIDE INSURANCE COMPANY Administered by BERKLEY SPECIALTY UNDERWRITING MANAGER, LLC

This case concerns a workers' compensation award against the St. Louis Rams and the Oakland Raiders for an injured professional athlete. The Rams petitioned for reconsideration, arguing they were improperly included in a joint award based on stipulations they were not a party to, violating their due process rights. The Appeals Board granted reconsideration, finding the Rams' due process claim had merit. The award was amended to be solely against the Oakland Raiders, as the Rams had elected not to proceed and their employment liability was not established.

Workers' Compensation Appeals BoardJoint AwardPetition for ReconsiderationLabor Code section 5500.5(c)Stipulations with Request for Awardcumulative injuryprofessional athletepermanent disabilitydue processexcess of WCJ's powers
References
Case No. ADJ7828356
Regular
Dec 27, 2018

ELIZABETH ZAVALA vs. EMPLOYMENT SOLUTIONS, TRISTAR RISK MANAGEMENT FOR CASTLEPOINT NATIONAL, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

This case involves lien claimant petitions for reconsideration of two WCJ orders. The first petition was dismissed as moot because the challenged Findings and Award was subsequently rescinded. The second petition was also dismissed because the Order Rescinding Findings and Award for Lien Claim is not a final order, and reconsideration is only permitted from final decisions. Therefore, both petitions for reconsideration were dismissed as they were procedurally improper.

Workers' Compensation Appeals BoardElizabeth ZavalaEmployment SolutionsTristar Risk ManagementCastlepoint NationalCalifornia Insurance Guarantee AssociationADJ7828356Petition for ReconsiderationFindings and AwardOrder Rescinding Findings and Award
References
Case No. OAK 0255953
Regular
Aug 04, 2008

CLINTON HENDRIX vs. GALGON INDUSTRIES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, SUPERIOR NATIONAL INSURANCE, BROADSPIRE

This case clarifies that California Labor Code sections 4607 and 5814.5 do not authorize the use of a lodestar multiplier for attorney's fees awarded to enforce medical treatment awards. The Appeals Board rescinded its previous directive to defer consideration of section 4607 fees, affirming that the enforcement of medical treatment awards aligns with social policy and the public interest. The case is returned to the trial level for recalculation of fees under these statutes, without a lodestar multiplier, but acknowledging a prior final award under section 4607.

Workers' Compensation Appeals BoardClinton HendrixGalgon IndustriesCalifornia Insurance Guarantee AssociationSuperior National InsuranceliquidationBroadsPIREreconsiderationLabor Code sections 4607 and 5814.5attorney's fees
References
Case No. ADJ440509 (SBR 0317006)
Regular
Oct 15, 2012

VICTORIA AGEE vs. STATE OF CALIFORNIA, Legally Uninsured, DEPARTMENT OF CORRECTIONS CRC, STATE COMPENSATION INSURANCE FUND, Adjusting Agent

This case involves a lien claimant, the applicant's attorney, seeking reconsideration of an Amended Findings and Award. The WCJ found the applicant sustained a 100% permanent disability for life, with attorney fees set at 15% of accrued awards. The attorney disagreed with the WCJ's indication that fees would be paid "from the side" of the award, preferring commutation from the "far end." The Appeals Board dismissed the petition because the WCJ's finding on attorney fees was not a final order, as it deferred the issue pending further proceedings. The Board noted that commutation from the "side of the award" is customary in permanent total disability cases and is within the WCJ's discretion.

Workers' Compensation Appeals BoardPetition for ReconsiderationAmended Findings and AwardCumulative Industrial InjuryCorrectional OfficerPermanent Disability BenefitsAttorney FeesPetition for CommutationDisability Evaluation UnitDeclaration of Readiness
References
Case No. ADJ7024559
Regular
Sep 24, 2013

ANTONIA PEDRO vs. KAISER FOUNDATION HOSPITAL, SEDGWICK CLAIMS MANAGEMENT SERVICES

Defendant Kaiser Foundation Hospital sought reconsideration of an award, claiming newly discovered evidence of EDD payments to the applicant during a period of permanent disability advances. The parties subsequently reached an agreement resolving the issue of EDD reimbursement. Consequently, the Appeals Board granted reconsideration, rescinded the original award, and remanded the matter to the WCJ. The WCJ is to issue an amended award based on the parties' revised stipulations.

Workers' Compensation Appeals BoardPetition for ReconsiderationStipulations with Request for AwardAwardNewly Discovered EvidenceEDDPermanent Disability AdvancesPermanent Disability IndemnityAmended AwardReimbursement
References
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