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

Case No. ADJ7198861
Regular
Dec 06, 2013

MARK PAPISH vs. SOLANO GARBAGE COMPANY, ZURICH INSURANCE

In Mark Papish v. Solano Garbage Company, both applicant and defendant sought reconsideration of a September 27, 2013 decision. The Workers' Compensation Appeals Board granted these petitions, citing the need for further study of the factual and legal issues. This action is intended to allow for a complete understanding of the record and to ensure a just decision after reconsideration. All future filings in this matter must be submitted in writing directly to the WCAB Commissioners' Office.

Workers' Compensation Appeals BoardPetitions for ReconsiderationSolano Garbage CompanyZurich InsuranceCannon Cochran Management ServicesMark PapishOakland District OfficeDelana E. LoweW.A.R.R.R.Ronnie G. Caplane
References
Case No. ADJ6948621 ADJ7946738
Regular
Apr 22, 2013

STEFANO MUSETTI vs. GOLDEN GATE DISPOSAL & RECYCLING dba RECOLOGY, permissibly self-insured, administered by CORVEL CORP.

In this workers' compensation case, the employer sought reconsideration of an award ordering a total knee replacement. The applicant's treating physician recommended the surgery, but the employer argued the award was premature as a panel qualified medical evaluator's report was pending and the treating physician's report lacked proper authorization markings. The Appeals Board denied reconsideration, finding the employer had sufficient time to obtain the PQME report and that the treating physician's report constituted substantial medical evidence supporting the surgery. The Board also noted that the employer failed to initiate utilization review despite being aware of the treatment request.

Workers' Compensation Appeals Boardindustrial injuryright kneegarbage collectortotal knee replacementsupplemental reportpanel qualified medical evaluator (PQME)treating physiciansubstantial medical evidencePetition for Reconsideration
References
Case No. ADJ9028576
Regular
Feb 29, 2016

ALLIS CHARLES vs. RICHMOND SANITARY SERVICE, INC., OLD REPUBLIC INSURANCE CO., CANNON COCHRAN MANAGEMENT SERVICES, INC.

This case involves a workers' compensation applicant who sustained industrial injury to his lumbar spine and left foot. The defendant sought reconsideration of the original award, specifically challenging the calculated $39\%$ permanent disability rating due to alleged errors. The Workers' Compensation Appeals Board granted reconsideration, deferring the findings on permanent disability and attorney's fees. The matter is remanded to the trial level for further proceedings to develop the record.

Permanent disability ratingPetition for ReconsiderationFindings of FactAward and OrdersWCJIndustrial injuryLumbar spineLeft footGarbage collectorAdministrative law judge
References
Case No. ADJ6436254
Regular
Feb 16, 2018

RAMON GOMEZ vs. ALLIED WASTE INDUSTRIES, AMERICAN HOME ASSURANCE

In this workers' compensation case, the Appeals Board rescinded a previous Findings and Award that found the applicant sustained industrial injuries resulting in 70% permanent disability. Both the applicant and defendant had sought reconsideration of that award. The rescission was ordered because the parties now wish to enter into a Compromise and Release agreement. The matter is returned to the WCJ for further proceedings.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardAdministrative Law JudgeLumbar Spine InjuryKnee InjuryPsyche InjuryWeight GainSleep DisturbanceSexual Dysfunction
References
Case No. ADJ1174751 (SAC 0331800), ADJ6448656, ADJ6448658
Regular
May 22, 2008

LAWRENCE BURNELL vs. SOLANO GARBAGE

The Workers' Compensation Appeals Board granted reconsideration in one case (ADJ1174751) and denied it in two others (ADJ6448656 and ADJ6448658). For the granted case, the Board amended the decision to find no permanent disability due to a back injury, based on a later medical report that superseded an earlier one. Reconsideration was denied in the other two cases, as the defendant failed to prove overlap of disability for apportionment purposes as required by law. The Board affirmed the original decisions in ADJ6448656 and ADJ6448658.

Workers' Compensation Appeals BoardSolano GarbageLawrence BurnellADJ1174751ADJ6448656ADJ6448658ReconsiderationFindings and AwardPermanent DisabilityQualified Medical Evaluator
References
Case No. ADJ10473323 ADJ9241894
Regular
Nov 15, 2019

HECTOR GONZALEZ vs. RECOLOGY GOLDEN GATE

The WCAB granted reconsideration to amend the previous award. The Board found that applicant is entitled to a single, unapportioned award for his right knee permanent disability, as it directly resulted from unsuccessful medical treatment for both his specific and cumulative trauma injuries, per *Hikida*. Additionally, the Board determined that applicant's permanent disability should be rated using the higher Occupational Group 560, reflecting his occasional performance of more arduous duties as a garbage collector. The matter was returned to the trial level for issuance of a new award reflecting these findings.

Workers' Compensation Appeals BoardHector GonzalezRecology Golden Gatepermanent disabilityspecific injurycumulative traumaOccupational Group 350Occupational Group 560Agreed Medical Examinerapportionment
References
Case No. GOL 099368
Regular
Aug 10, 2007

JOSE ALBERTO vs. ALLIED WASTE INDUSTRIES, INC., AIG CLAIM SERVICES

This case concerns a workers' compensation applicant injured in 2004. The Workers' Compensation Appeals Board amended an award to limit temporary disability payments to 104 weeks within two years of the *first payment* of temporary disability, not the date the disability was owed. This decision clarifies that liability for temporary disability under Labor Code section 4656(c)(1) begins from the actual date of payment.

Temporary Disability IndemnityLabor Code Section 4656(c)(1)Date of Commencement of Temporary Disability PaymentAggregate Disability Payments104 Compensable WeeksTwo-Year PeriodPetition for ReconsiderationWorkers' Compensation Appeals BoardIndustrial InjuryBack Injury
References
Case No. ADJ9729192
Regular
Feb 09, 2015

ROBERT HILL vs. ALAMEDA COUNTY INDUSTRIES; COMMERCE AND INDUSTRY CO.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a December 10, 2014 award approving stipulations in the case of Robert Hill. The applicant sought to set aside this award. The WCAB rescinded the award and returned the matter to the trial court for further proceedings. This action was based on the WCJ's report and recommendation, which the WCAB adopted.

Petition to Set Aside StipulationsAwardPetition for ReconsiderationWCJ Report and RecommendationRescind AwardFurther ProceedingsGarbage ManLumbar SpineRight KneePermanent Disability
References
Case No. ADJ8659253
Regular
Dec 18, 2014

LESTER WHITE vs. WASTE CONNECTIONS, ACE AMERICAN INSURANCE c/o ESIS

This case involves a dispute over a third-party credit in a workers' compensation claim. The defendant sought reconsideration of an award that denied them credit against future medical treatment. The Workers' Compensation Appeals Board granted reconsideration and amended the award. The Board ruled that the defendant is entitled to apply their remaining third-party credit of $6,945.37 against both future permanent disability indemnity and future medical treatment, as employer credit for third-party recovery is not discretionary.

Third-party creditFuture medical treatmentPermanent disability indemnityReconsiderationFindings and AwardLabor Code sections 3858 and 3861ApportionmentMaximum medical improvementPrimary treating physicianSummary Rating Determination
References
Case No. ADJ9290820
Regular
Sep 16, 2014

SERGIO RUBALCAVA vs. WASTE CONNECTIONS, ACE INSURANCE COMPANY OF NORTH AMERICA

The Workers' Compensation Appeals Board denied Sergio Rubalcava's Petition for Reconsideration. The Board adopted the Workers' Compensation Administrative Law Judge's (WCJ) report, which found Rubalcava did not sustain an injury arising out of and in the course of employment. The WCJ disbelieved Rubalcava's testimony regarding the mechanism of injury, partly due to an 8-second video, and found his account lacked credibility despite a Panel QME's opinion. The Board gave great weight to the WCJ's credibility findings, as established in case law.

Petition for ReconsiderationWorkers' Compensation Appeals BoardApplicantDefendantGarbage Truck DriverHead/Brain InjuryAOE/COEPanel QMETrier of FactCredibility
References
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