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

Case No. ADJ8128282
Regular
Jan 23, 2014

ANGELA EGBIKUADJE vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, returning the case for further proceedings. The defendant, California Department of Corrections and Rehabilitation, argued that the applicant's psychiatric injury claim was preempted by the ADA and not proven under Labor Code section 3208.3. The Board found the original decision lacked proper analysis regarding predominant industrial causation and the good faith personnel action defense. Therefore, the case was remanded for further development of the record, including expert medical opinion on these issues.

Workers' Compensation Appeals BoardAngela EgbikuadjeCalifornia Department of Corrections and RehabilitationLegally UninsuredState Compensation Insurance FundADJ8128282Van Nuys District OfficeReconsiderationFindings and AwardIndustrial cumulative trauma injury
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. LAO 0827308
Regular
Jul 30, 2007

David Phillips vs. ON LINE COMMUNICATIONS, STATE COMPENSATION INSURANCE FUND

This case involves an applicant who sought to reopen a workers' compensation settlement, alleging improper temporary disability payments. The Court of Appeal found "good cause" to reopen under Labor Code section 5803, even without evidence of fraud. Consequently, the Appeals Board granted reconsideration, rescinded the prior decision, and returned the matter to the trial level for further proceedings.

RemittiturPetition to ReopenSet Aside Compromise and ReleaseGood Cause to ReopenLabor Code Section 5803FraudTemporary Disability PaymentsCourt of Appeal OpinionAnnulled OrderRescinded Findings and Order
References
Case No. OAK 0255947
Regular
Jun 02, 2008

VALENTINO MUMFORD vs. HUGHES ENTERPRISES, INC., REPUBLIC INDEMNITY COMPANY

The Appeals Board granted reconsideration to address disputes over the applicant's average weekly earnings and the Board's jurisdiction to re-evaluate prior stipulations on earnings. The WCAB has deferred the issue of average weekly earnings and permanent disability indemnity rate, remanding the case to the trial level to determine if good cause exists to set aside prior stipulations on these matters. The Board clarified that earnings capacity for temporary and permanent disability awards may differ, and if stipulations are set aside, new findings must be supported by substantial evidence.

Labor Code section 5803ReopenAverage weekly earningsPermanent disabilityTemporary disabilityStipulation with Request for AwardPetition to ReopenNew and Further DisabilityGood CauseNicky Blair's Restaurant v. Workers' Comp. Appeals Bd. (Macias)
References
Case No. ADJ3012170
Regular
Apr 10, 2009

NANCY J. FERREIRA vs. TENET HEALTHCARE/SIERRA VISTA REGIONAL MEDICAL CENTER, SPECIALTY RISK SERVICES

This case concerns an applicant seeking to reopen a prior stipulated award of 14% permanent disability, arguing the wrong rating schedule was applied. The Workers' Compensation Appeals Board granted reconsideration, rescinded the original finding, and returned the matter for further proceedings. The Board found that while judicial error should have been raised by timely reconsideration, mutual mistake could constitute good cause to reopen. Specifically, both parties may have been mistaken about the correct permanent disability rating schedule due to the applicant's unrepresented status at the time of the stipulation.

Workers' Compensation Appeals BoardReconsiderationPermanent Disability Rating ScheduleLabor Code Section 4660ReopeningGood CauseExcusable MistakeMutual MistakeStipulated AwardJudicial Error
References
Case No. LAO 828699
Regular
May 16, 2008

Corey Booker vs. AUTO ZONE, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board granted reconsideration to amend a prior award, affirming the need for medical treatment but finding no new temporary disability. The Board determined that the applicant's cessation of work was due to a layoff, not a new or further disability from the injury. Therefore, there was no good cause to reopen the stipulated award for new and further temporary disability.

Workers Compensation Appeals BoardReconsiderationFindings and AwardTemporary Total DisabilityNew and Further DisabilityPetition to ReopenStipulations with Request for AwardMedical TreatmentGood Cause to ReopenLabor Code Sections 5410 and 5803
References
Case No. ADJ2140586
Regular
Sep 01, 2009

ARMANDO AVILA-GONZALEZ vs. BARRETT BUSINESS SERVICES, INC.

The Appeals Board reversed a WCJ's decision to reopen a case, finding no "good cause" based on a purported change in law. The WCJ had relied on the *Vera* case to apply an older disability rating schedule, but subsequent appellate decisions created a conflict, not a definitive change, in the law. The Board determined *Vera* remained citable and that the evidence did not support reopening or a finding of permanent disability. Therefore, the applicant's petition to reopen was denied.

Workers' Compensation Appeals BoardReconsiderationPetition to ReopenGood CauseChange in LawVera v. WCABPermanent Disability Rating ScheduleLabor Code Section 4660(d)Permanent and Stationary StatusMedical Reports
References
Case No. ADJ2022332 (ANA 0334821) ADJ947209 (ANA 0334822)
Regular
Feb 27, 2014

JOHN SHEA vs. PROPSERV, INC., CENTRE INSURANCE. COMPANY., CIGA For CALCOMP, In Liquidation

The California Workers' Compensation Appeals Board affirmed the Arbitrator's decision denying CIGA's requests for contribution and reimbursement from Centre Insurance Company. CIGA stipulated to liability for the injury date in 2000, and the Board found that CIGA's subsequent claims of mistake were untimely and lacked good cause to reopen a final award. The Board emphasized the importance of finality in awards and that CIGA failed to timely raise equitable arguments. Therefore, CIGA's appeal for contribution and reimbursement was unsuccessful.

CIGACalCompContributionReimbursementStipulated AwardGood CauseReopenEquitable ArgumentsPrejudgment InterestDate of Injury
References
Case No. ADJ4400372 (SAC 0282814)
Regular
May 08, 2009

MICHAEL GRIFFIN vs. STATE OF CALIFORNIA, CALIFORNIA HIGHWAY PATROL, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and reversed the WCJ's denial of the applicant's petition to reopen. The Board found that the applicant established good cause to reopen for new and further disability related to his left thumb and heart injuries sustained during his employment with the California Highway Patrol. Substantial medical evidence supported the cumulative trauma to the left thumb and the presumption under Labor Code section 3212.3 applied to the heart injury. The case was returned to the trial level for further proceedings.

ReconsiderationPetition to ReopenNew and Further DisabilityGood CauseLabor Code Section 3212.3Presumption StatuteIndustrial CausationCumulative TraumaStipulated AwardLeft Thumb Injury
References
Case No. ADJ11548913, ADJ11548920, ADJ11548921
Regular
Nov 13, 2020

SAMUEL ENRIQUE TEJADA CRUZ vs. COMMERCIAL CLEANING SYSTEMS, GALLAGHER BASSETT

The Workers' Compensation Appeals Board granted reconsideration of a Joint Finding and Order that allowed reopening of previously dismissed claims. The Board found the original order addressed a threshold issue, making reconsideration appropriate rather than removal. Crucially, the Board determined the applicant was denied due process as the WCJ issued the order without a hearing or adequate development of the record. Therefore, the order was rescinded, and the matter was returned to the trial level for further proceedings, including a hearing on whether good cause exists to reopen.

WCABPetition for ReconsiderationPetition to ReopenDismissal without prejudiceGood CauseLabor Code Sections 580358045810Due ProcessThreshold Issue
References
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