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Case Law Database

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

Case No. ADJ7800258 ADJ7800270
Regular
Jun 03, 2013

DEBRA NICKELL vs. PKB INVESTMENTS, INC., dba HOME INSTEAD, CARE WEST INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and amended a prior finding. The amended decision clarifies that the applicant met her burden of proof for reaching maximum medical improvement on July 19, 2011, and for a 15% whole person impairment rating based on an Agreed Medical Evaluator's opinion. However, the applicant did not meet her burden of proof for injury to other claimed body parts. The case is returned to the trial level for further proceedings.

WORKERS' COMPENSATION APPEALS BOARDPKB INVESTMENTSINC.HOME INSTEADCARE WEST INSURANCE COMPANYPEGASUS RISK MANAGEMENTDEBRA NICKELLPetition for ReconsiderationFindings of FactOrder
References
Case No. ADJ2915211 (OAK 1264419), ADJ1931310 (OAK 0333489), ADJ1584555 (OAK 0263648)
Regular
Aug 14, 2017

BELINDA ALLEN vs. PETCO; BROADSPIRE CIGA FOLSOM; PETCO; AIG CLAIMS, HOME INSTEAD SENIOR CARE; HARTFORD

This case involves Belinda Allen seeking workers' compensation benefits against multiple defendants, including Petco and others. The applicant alleges industrial injuries resulting from her employment. The case is proceeding through the Workers' Compensation Appeals Board. Further details regarding the specific nature of the injuries and the parties' arguments would be needed for a complete understanding.

Workers' Compensation Appeals BoardApplicantDefendantCase NumberPetcoBroadsPIRE CIGA FOLSOMAIG CLAIMSHome Instead Senior CareHartford
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. ADJ1064869
Regular
Sep 17, 2008

ALEJANDRINO RIVERA-SANCHEZ vs. FOSTER FARMS

Reconsideration granted; affirmed award amended to reflect 28% permanent disability instead of 38%.

Workers' Compensation Appeals BoardReconsiderationPermanent DisabilityQualified Medical EvaluatorTreating PhysicianSubstantial EvidenceSubjective ComplaintsObjective FindingsSurmiseSpeculation
References
Case No. ADJ 1436137
Regular
Sep 04, 2008

Carlos Lopez vs. Target Corporation

Reconsideration granted; prior award rescinded due to incorrect application of the 1997 Schedule instead of the 2005 Schedule for determining permanent disability.

Workers' Compensation Appeals BoardCarlos LopezTarget CorporationADJ 1436137VNO 0468258ReconsiderationFindings and AwardWCJ1997 Schedule2005 Schedule
References
Case No. ADJ 4706359 [FRE 0202972]
Regular
Sep 02, 2008

ANNA GONCALVES vs. LERDA FARMS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

The WCJ erred in applying the 2005 Schedule instead of the 1997 Schedule to determine the extent of permanent disability. Reconsideration is granted, the prior decision is rescinded, and the matter is returned to the trial level for further proceedings.

Workers' Compensation Appeals BoardLegion Insurance CompanyliquidationCalifornia Insurance Guarantee AssociationFindings and Award2005 Schedule1997 Schedulepermanent disabilityLabor Code section 4660qualified injured worker
References
Case No. ADJ1052269 (SAL 0102929)
Regular
Jan 08, 2009

RICK OLIVER vs. ASSOCIATED CONSTRUCTION, INC., STATE COMPENSATION INSURANCE FUND

The Appeals Board grants reconsideration to correct a clerical error in awarding permanent disability instead of temporary disability. The decision affirms the WCJ's finding of industrial injury and resulting temporary disability.

WCABPetition for ReconsiderationFindings and AwardTemporary Total DisabilityDate of InjuryJurisdictionAgreed Medical ExaminerTreating PhysicianCausationRating Schedule
References
Case No. ADJ4409748 (MON 0316373)
Regular
Jul 27, 2009

KIMBERLY HOLLIS vs. KDS BUSINESS SYSTEMS, INC., HARTFORD ACCIDENT \u0026 INDEMNITY CO.

The WCJ's decision to use the 1997 PDRS instead of the 2005 PDRS is rescinded because it did not explain how the 1997 PDRS was used. The case is returned for a decision addressing the Labor Code section 4660(d) requirement.

WCABReconsiderationPost-Reconsideration Findings and AwardPermanent Disability Rating Schedule1997 PDRS2005 PDRSLabor Code Section 4660(d)Cumulative TraumaIndustrial InjuryRes Judicata
References
Case No. ADJ3956215
Regular
Sep 19, 2008

HERIBERTO SANCHEZ vs. COASTAL BERRY COMPANY, STATE COMPENSATION INSURANCE FUND

The Appeals Board grants reconsideration, rescinding the July 16, 2008 decision due to the incorrect use of the 1997 PDRS instead of the 2005 PDRS for rating permanent disability. The case is returned for proper rating under the 2005 PDRS.

WCABReconsiderationFindings and AwardPermanent Disability Rating Schedule1997 PDRS2005 PDRSLabor Code Section 4660Temporary Disability IndemnitySection 4061 NoticeIndustrial Injury
References
Case No. POM 248928
En Banc
Mar 28, 2003

Mark Miceli, et al. vs. Jacuzzi, Inc., Remedy Temp, Inc., American Home Assurance Co., Reliance National Indemnity Co. (In Liquidation), California Insurance Guarantee Association

The Appeals Board affirmed that where a temporary employee is injured and the general employer's insurance carrier is insolvent, the special employer's workers' compensation policy constitutes 'other insurance,' making that carrier liable for the claim instead of the California Insurance Guarantee Association (CIGA).

Workers' Compensation Appeals BoardEn Banc DecisionSpecial EmployerGeneral EmployerTemporary Staffing AgencyAlternate Employer EndorsementInsolvencyCalifornia Insurance Guarantee AssociationCovered ClaimsOther Insurance
References
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