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

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. SAU8813471
Regular
Feb 07, 2023

KIMBERLY KENNEY vs. SEGUOYAH, INC., FARMERS INSURANCE EXCHANGE

The Workers' Compensation Appeals Board denied a lien claimant's petition for removal of an order consolidating liens and imposing a temporary stay. The consolidation aims to resolve a common legal issue regarding whether the lien claimant is controlled by a criminally charged physician, which would trigger an automatic stay under Labor Code section 4615. The Board found no due process violation, as the order only stays other lien issues pending the common issue's adjudication. Furthermore, the consolidation serves judicial efficiency by avoiding duplicate rulings on this critical threshold matter.

WCABPetition for RemovalOrder of Consolidation and StayLien ClaimantLabor Code section 4615Due ProcessIssue PreclusionConsolidation OrderWCJFarmers Insurance Exchange
References
Case No. ADJ1749318 (OAK 0338628)
Regular
Nov 03, 2015

EDGAR PUENTE vs. MACY'S WEST

This case involves Macy's West seeking removal of an order denying their petition for a $500 credit related to a missed QME appointment. The Workers' Compensation Appeals Board granted removal, finding that summary denial of the credit petition would cause prejudice. The Board amended the original order to defer the issue of the credit petition until the applicant's underlying claims are settled or tried. This allows Macy's to present evidence and arguments for the credit at a later, more appropriate stage.

Workers' Compensation Appeals BoardPetition for RemovalOrder Denying Petition for CreditQME appointmentLabor Code section 5811Petition for Creditmedical-legal costmissed appointment feecompensable consequencehypertension
References
Case No. ADJ4350009 (GOL 0097400)
Regular
Apr 09, 2018

NED PATTIZ vs. MTC TRUCKING, STATE COMPENSATION INSURANCE FUND, SUBSEQUENT INJURIES BENEFITS TRUST FUND

The Workers' Compensation Appeals Board granted reconsideration, rescinding the original findings. The Board agreed with the applicant that the Subsequent Injuries Benefits Trust Fund (SIBTF) entitlement and its credit rights should be determined concurrently. The prior decision had deferred the entitlement issue pending resolution of credit amounts. The case is returned for a new final decision that addresses all pending issues comprehensively.

Subsequent Injuries Benefits Trust FundSIBTFcreditCompromise and Release AgreementSocial Security disability benefitspermanent totally disabledPetition for ReconsiderationWCJAppeals Boardrescinded
References
Case No. ADJ7543126
Regular
Dec 13, 2013

MARIA BARAJAS vs. ELITE MEDICAL MANAGEMENT, LLC., HARTFORD INSURANCE COMPANY OF THE MIDWEST

This case concerns an admitted back, right shoulder, and right knee injury. The defendant insurer seeks credit for overpaid temporary disability benefits applicant received concurrently with earnings she failed to report. The Appeals Board remanded the case to determine the extent of applicant's earnings during the period she received temporary disability. The Board deferred the issue of permanent disability award pending resolution of the credit issue and noted no error in the original judge's apportionment finding.

Workers Compensation Appeals BoardReconsiderationPermanent DisabilityApportionmentTemporary DisabilityOverpaymentCreditQualified Medical EvaluatorLabor Code Section 4909Double Recovery
References
Case No. ADJ10968412
Regular
Mar 05, 2020

MAGDALENA PACHECO DE AVILA vs. TACO STATION, MID CENTURY INSURANCE

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision concerning applicant Magdalena Pacheco de Avila's right hand and wrist injury. The WCAB affirmed the finding of injury AOE/COE and the 8% permanent disability award. However, the WCAB deferred the issue of the employer's entitlement to credit for a $7,349.60 temporary disability overpayment against the permanent disability award. The case is returned to the WCJ for further proceedings on this credit issue, considering equitable principles outlined in *Maples*.

Petition for ReconsiderationFindings and AwardPermanent Disability IndemnityTemporary Disability Indemnity OverpaymentCreditLabor Code Section 4909Equitable PrinciplesMaples v. Workers' Comp. Appeals Bd.Agreed Medical ExaminerMaximum Medical Improvement
References
Case No. ADJ10195617
Regular
Jan 10, 2018

JAVIER ORDAZ MARCIAL vs. NORCAL HARVESTING, LLC, INTERCARE HOLDINGS INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Removal because the WCJ's orders regarding injury AOE/COE and temporary disability were final and subject to reconsideration, not removal. The Board also denied the Petition for Reconsideration, adopting the WCJ's reasoning that resolving AOE/COE on disputed body parts was necessary to determine temporary disability. Furthermore, the Board noted that the issue of credit was not properly before them as it was deferred in prior proceedings. Therefore, the defendant's petitions were rejected.

Workers' Compensation Appeals BoardPetition for RemovalPetition for ReconsiderationAOE/COEDeclaration of Readiness to ProceedExpedited HearingPre-trial conference statementMinutes of Hearing and Summary of EvidenceCreditFinal Order
References
Case No. ADJ4471046 (STK 0208353)
Regular
Feb 03, 2017

SHARON PADRON vs. FRITO LAY, SEDGWICK CMS

The Workers' Compensation Appeals Board (WCAB) rescinded the original award due to concerns about exceeding statutory temporary disability limits and an unclear basis for the defendant's credit of $37,700.35. The WCAB found the award for temporary disability indemnity likely surpassed the 104-week statutory maximum under Labor Code section 4656(c)(1). Furthermore, the WCAB determined the credit calculation was not adequately supported by evidence, particularly regarding whether applicant contributed to disability plans and thus whether a proportional credit applied per *Fraide*. The case was returned to the trial level for further proceedings to clarify these issues and recalculate any permissible credit.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardTemporary Disability IndemnityCreditShort-Term DisabilityLong-Term DisabilityLabor Code Section 3751(a)Cumulative Trauma InjuryBilateral Knees
References
Case No. ADJ7904795
Regular
Jun 18, 2015

JEFFREY HUGHES vs. STATE OF CALIFORNIA, CALIFORNIA CORRECTIONS AND REHABILITATION, Legally Uninsured, Adjusted By STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES

The Workers' Compensation Appeals Board granted the applicant's Petition for Reconsideration to address the issue of attorney's fees. The Board affirmed the administrative law judge's award of 37% permanent disability and the defendant's credit of $53,094.29 against future compensation, clarifying that the employer's right to credit is distinct from settling a third-party lien. However, the Board deferred the determination of attorney's fees pending further findings on the amount of credit absorbed by ongoing medical treatment.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and Awardindustrial injurycervical spinelumbar spineright shoulderpermanent disabilityfurther medical treatmentcredit
References
Case No. ADJ10069954
Regular
Dec 21, 2015

MAURO PEREZ vs. FAMILY TREE SERVICES, INC., ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Reconsideration because it was based on an interlocutory order that did not determine substantive rights or a threshold issue. The Board also denied the Petition for Removal, finding no showing of substantial prejudice or irreparable harm, and that reconsideration would likely be an adequate remedy later. The defendants' procedural objection regarding venue was resolved by their filing of a verified answer.

Petition for ReconsiderationPetition for RemovalFinal OrderSubstantive RightThreshold IssueInterlocutory DecisionProcedural IssueEvidentiary IssueExtraordinary RemedySubstantial Prejudice
References
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