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

Case No. ADJ2858053 (SAC 322872)
Regular
Jan 22, 2009

RENEE K. ROBLES vs. ANHEUSER-BUSCH INC., SPECIALTY RISK SERVICES

The Appeals Board affirmed the WCJ's decision to impose a penalty on the defendant for unreasonably delaying medical care, but rescinded the award of attorney's fees as both a percentage of the penalty and pursuant to section 5814.5, allowing them only pursuant to section 5814.5.

Workers' Compensation Appeals BoardAnheuser BuschInc.specialty risk servicesindustrial injuryhead injuryneuropsychiatric symptom complexdiagnostic testingutilization reviewunreasonable delay
References
Case No. ADJ8731635
Regular
Apr 02, 2019

Daissy Contreras vs. CRESTWOOD BEHAVIORAL HEALTH, UNION FIRE INSURANCE COMPANY

The Appeals Board granted reconsideration and rescinded the prior award, finding the medical record inadequate to determine applicant's claim of Complex Regional Pain Syndrome (CRPS). While some physicians noted symptoms consistent with CRPS, the Agreed Medical Examiner (AME) found no objective evidence. The Board ordered the matter returned to the trial level for further development of the medical record by appointing a pain management specialist. This new evaluation will aim to diagnose the applicant's right upper extremity condition and determine its industrial causation.

Complex Regional Pain SyndromeCRPSskin injuryrashcumulative traumaAgreed Medical ExaminerAMEskin conditionright upper extremitypain management specialist
References
Case No. ADJ8067157
Regular
Nov 30, 2012

MARISOL PERALTA vs. FROZEN YOGURT OF VALLEY VILLAGE, INC., STAR INSURANCE CO.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to further develop the record regarding applicant Marisol Peralta's alleged industrial injury. The WCAB rescinded the prior decision finding an injury, citing that the medical opinions were not substantial evidence as they lacked definitive causation findings and weren't based on complete medical histories. Crucially, neither physician reviewed applicant's full medical records, and one deferred causation due to pregnancy while the other awaited X-ray results. The case is returned to the trial level for further proceedings and a new decision by the WCJ.

Workers' Compensation Appeals BoardMarisol PeraltaFrozen Yogurt of Valley VillageInc.Star Insurance Co.Illinois Midwest Insurance AgencyLLCADJ8067157Opinion and Order Granting ReconsiderationDecision After Reconsideration
References
Case No. SDO 0312666
Regular
Jul 09, 2007

FELINO CARIASO vs. SOLAR TURBINES, INC.

The Workers' Compensation Appeals Board awarded applicant's counsel $5,000 in attorney's fees for responding to defendant's petition for writ of review, disallowing a portion of the requested hours and reducing the hourly rate from $275 to $250. The Board found the complexity of the issues and cited authorities to be of "average complexity." Additionally, $486.45 in costs were awarded for reproduction and binding of legal documents, supported by submitted bills.

Labor Code § 5801Labor Code § 5811Attorney's FeesCostsPetition for Writ of ReviewCourt of AppealRemandSupplemental AwardAppellate Attorney's FeesReasonable Hourly Rate
References
Case No. AHM 0097527
Regular
Jun 04, 2008

WILLIAM DAVID SCOTT vs. DOWNEY UNIFIED SCHOOL DISTRICT

Following a remand from the Court of Appeal for an award of attorney's fees and costs, the Workers' Compensation Appeals Board awarded applicant's counsel $2,500 for appellate attorney's fees and $421.68 for costs. The Board found the requested 25 hours excessive for an answer of average complexity, awarding fees based on 10 hours at $250/hour, considering the attorney's experience, the results obtained, and the case's limited complexity. Costs for printing were allowed upon review of provided receipts.

Workers' Compensation Appeals BoardPetition for Writ of ReviewAttorney's FeesCostsLabor Code § 5801Labor Code § 5811Appellate Attorney's FeesReasonable Hourly RateCase ComplexityItemization
References
Case No. ADJ921287
Regular
Nov 14, 2008

Anthony J. Coppi vs. CITY OF WEST COVINA

The Workers' Compensation Appeals Board granted reconsideration of its prior decision awarding attorney's fees. The Board increased the appellate attorney's fees from $2,500.00 to $5,675.00 and awarded $559.24 in costs. This adjustment was based on a revised review of the attorney's work, experience, and the complexity of the appellate issues, as well as the submission of billing statements and receipts.

Labor Code section 5801attorney's feesreconsiderationappellate attorney's feesOpinion and AwardPetition for Writ of ReviewWorkers' Compensation Appeals Boardhourly rateexperienceskill
References
Case No. FRE 0193970
Regular
Aug 07, 2007

STEVEN L. SMITH vs. IMC CHEMICAL, INC.

The Court of Appeal remanded this case for the Appeals Board to award attorney's fees for responding to the defendant's petition for writ of review. The applicant's attorney requested $15,600 for 52 hours of work, citing extensive research and numerous case citations. The Appeals Board awarded $3,750, finding the requested amount excessive and deeming 15 hours at $250/hour reasonable for the slightly above-average complexity of the appellate issues.

WCABLabor Code § 5801Petition for Writ of ReviewAttorney's FeesFifth Appellate DistrictRemandSupplemental AwardPetition for ReconsiderationSubstantial EvidenceNovel Issue
References
Case No. ADJ3237915 (LBO 0375567) ADJ2373677
Regular
Mar 04, 2011

SHERYL WILLIS vs. PINKERTON GOVERNMENT SERVICES, BROADSPIRE

The Workers' Compensation Appeals Board denied a petition for reconsideration concerning an Order Approving Compromise and Release (OACR). The applicant's attorney sought reconsideration based on an alleged inadvertent miscalculation of attorney fees, claiming a $750 award instead of the requested $900. The Board found the petition lacked statutory basis and failed to establish good cause, noting no allegations of fraud or mutual mistake. Furthermore, the attorney failed to provide required notice to the applicant regarding the adverse interest in seeking increased fees.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Approving Compromise and ReleaseAttorney FeesInadvertent MiscalculationCompromise and ReleaseMandatory Settlement ConferenceDisputed IssuesLabor Code Section 5903Good Cause Showing
References
Case No. ADJ3674012 (ANA 0386342)
Regular
Feb 17, 2015

Richard Hoover vs. Trading Places International, Clarendon Insurance Company, Subsequent Injuries Benefits Trust Fund

Here is a summary of the case in four sentences for a lawyer: The Workers' Compensation Appeals Board granted reconsideration to further develop the record regarding the applicant's eligibility for Subsequent Injuries Benefits Trust Fund (SIBTF) benefits. The core issue is whether the applicant had a "labor disabling" pre-existing condition before his October 2, 2002 industrial injury, a requirement for SIBTF benefits. The Board found the previous administrative law judge erred by finding no pre-existing disability without sufficient exploration of the applicant's residual pain symptoms from prior back surgeries. Jurisdiction is reserved to determine if these symptoms constituted a ratable, labor-disabling permanent disability entitling the applicant to SIBTF benefits.

Subsequent Injuries Benefits Trust FundSIBTFpre-existing disabilitylabor disablingapportionmentSB 899retroactive prophylactic work restrictioncongenial work settingresidual pain symptomsmedical evaluator
References
Case No. ADJ9094120
Regular
Nov 09, 2020

JAIME MORALES vs. SENIOR OPERATIONS, LLC, ARCH INSURANCE COMPANY

This case involves a defendant's petition for reconsideration of a finding that applicant sustained an industrial injury to his shoulders. The defendant argued the administrative law judge erred in this finding, but the Workers' Compensation Appeals Board (WCAB) denied the petition. The WCAB found that medical evidence supported the applicant's injury being consistent with his work duties. The defendant failed to present evidence to impeach the applicant's description of his work.

Petition for ReconsiderationFindings of Factindustrial injuryshoulderscumulative periodcertified metal fitterspinepsycheLabor Code section 5412date of injury
References
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