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

Case No. ADJ4258585 (OXN 0130492) ADJ220258 (OXN 0130487)
Regular
Apr 17, 2018

ENRIQUE HERRERA vs. MAPLE LEAF FOODS, U.S. FIRE INSURANCE COMPANY, ALEA NORTH AMERICAN INSURANCE COMPANY

This notice informs parties that the Workers' Compensation Appeals Board (WCAB) intends to admit its rating instructions and a disability rater's recommended permanent disability rating into evidence. The WCAB previously granted reconsideration for further study. Parties have seven days to object to the rating instructions or the recommended rating, with specific procedures for addressing objections. If no timely objection is filed, the matters will be submitted for decision thirty days after service.

WORKERS' COMPENSATION APPEALS BOARDPermanent Disability RatingDisability Evaluation UnitRating InstructionsRecommended Permanent Disability RatingJoint RatingReconsiderationObjectionRater Cross-ExaminationRebuttal Evidence
References
0
Case No. ADJ8530656, ADJ8553993
Regular
May 03, 2019

Feliciano Hernandez vs. Fresh Express, Inc., Federal Insurance Company, Sedgwick Claims Management Services

The Workers' Compensation Appeals Board granted reconsideration of a prior award, amending the applicant's permanent disability rating. The Board disagreed with the initial finding of 67% permanent disability, determining that the psychiatric impairment rating should be increased based on the Agreed Medical Examiner's opinion. This adjustment, utilizing an analogical rating method and considering the applicant's GAF score of 50, increased the total permanent disability to 73% and will include a life pension. The Board upheld the rejection of the vocational expert's total disability finding due to improper consideration of the applicant's age.

Agreed Medical ExaminerAlmaraz/GuzmanGAF scorepermanent disability ratingvocational expertsubstantial medical evidencerebuttal of scheduled ratingindustrial injuryspecific injurycumulative trauma injury
References
3
Case No. ADJ7663368
Regular
Apr 11, 2013

Starla Jones vs. GALLO GLASS CO.

This case involves a dispute over the applicant's permanent disability rating following an industrial injury to her right shoulder. The Workers' Compensation Appeals Board granted reconsideration and amended the original award, increasing the permanent disability rating from the WCJ's finding of 15% to 12%, based on the Agreed Medical Evaluator's opinion of 6% Whole Person Impairment. The Board affirmed the applicant's permanent and stationary date and found no overpayment of temporary disability. Additionally, the Board applied a 15% increase to permanent disability indemnity and attorneys' fees, recognizing the employer's failure to offer modified work.

Starla JonesGallo Glass Co.ADJ7663368ReconsiderationPermanent DisabilityWhole Person ImpairmentAgreed Medical EvaluatorDr. Peter J. MandellFunctional Capacity EvaluationPermanent and Stationary Date
References
0
Case No. ADJ1587163 (MON 0254914), ADJ281904 (MON 0258411), ADJ1557614 (MON 0288051)
Regular
Nov 09, 2015

JO ANN DAWSON vs. COUNTY OF LOS ANGELES

Applicant Jo Ann Dawson sought reconsideration of a finding that she did not sustain new and further permanent disability. Dawson sustained multiple industrial injuries, resulting in a $99\frac{3}{4}$% permanent disability award in 2002. A dissenting commissioner argued the award should be reconsidered to re-rate the lumbar spine disability based on a later medical report indicating a significant increase in restrictions. This dissent highlights an apparent doubling of the low back disability rating under the applicable schedule, which could increase the overall permanent disability.

Workers' Compensation Appeals BoardPetition for ReconsiderationNew and Further Permanent DisabilityJoint Findings and AwardStipulated AwardLabor Code section 5410Agreed Medical EvaluatorLumbar Spine DisabilitySemi-sedentary Work1997 Schedule for Rating Permanent Disabilities
References
4
Case No. MISSING
Regular Panel Decision

Vandewalker v. Snowball Tree Farm, Inc.

Claimant sustained a left foot injury in November 1982, leading to amputation and subsequent surgeries. The Workers' Compensation Law Judge (WCU) initially found a 70% schedule loss of use, later increasing it to 100% after further medical examination in August 1987. The WCU awarded compensation at $105 per week, with a temporary total disability rate of $183.33 for a specific period. The employer appealed, and the Workers' Compensation Board modified the award, asserting the permanent partial disability rate of $105 per week applied for the entire schedule loss. Claimant appealed this modification, arguing for the higher temporary total disability rate during the protracted healing period. The court affirmed the Board's decision, holding that the injury was classified as a permanent partial disability dating from the accident, and therefore the maximum permanent partial disability rate of $105 per week was appropriate for the entire award period.

Schedule Loss of UsePermanent Partial DisabilityTemporary Total DisabilityAverage Weekly WageAmputationBenefit ModificationAppellate ReviewMedical Examiner ReportJudiciary LawFoot Injury
References
9
Case No. ADJ744235
Regular
Aug 11, 2009

ROBERT RATTO vs. CURTIN AIR FREIGHT, INC., STATE COMPENSATIN INSURANCE FUND

This case concerns a worker seeking reconsideration of a prior permanent disability award. The applicant argued their back and psychiatric conditions combined to increase their overall permanent disability to 73%. The Appeals Board granted reconsideration, finding that a prior award for the back injury could not be reopened due to pre-SB 899 apportionment issues. However, the Board allowed for a combined rating of 70% by including the psychiatric disability with the previously awarded orthopedic disability, thus increasing the total permanent disability. The applicant's attorney was awarded a fee based on this increase.

ReconsiderationNew and further disabilityIndustrial injuryPsyche injuryPermanent disabilityApportionmentSB 899Agreed Medical EvaluatorStipulated AwardPetition to reopen
References
1
Case No. MISSING
Regular Panel Decision
Sep 08, 1983

Claim of McNeil v. Geary

The claimant, a groom, injured her left knee in 1979 and was initially found temporarily totally disabled. The Workers' Compensation Board later reclassified her injury as a 15% permanent partial disability of the left leg, dating from the time of injury, and increased her benefits based on wage expectancy due to her being under 25. The employer appealed, arguing that wage expectancy benefits should not apply to the period of temporary total disability and that the record didn't substantiate a permanent partial disability ab initio. The court affirmed the Board's decision, stating that reclassification is a factual determination within the Board's sole province and was based on substantial evidence, and that the Board has continuing jurisdictional power to modify findings.

Permanent Partial DisabilityWage ExpectancyWorkers' Compensation LawInjury ReclassificationBoard JurisdictionSubstantial EvidenceLeft Knee InjuryGroomRiding AcademyTemporary Total Disability
References
4
Case No. MISSING
Regular Panel Decision
Oct 14, 1999

Claim of Williams v. New York State Department of Transportation

The claimant, who suffered a work-related injury in 1988, initially received permanent partial disability benefits at a mild rate in May 1996. Dissatisfied with this assessment, the claimant appealed, presenting medical evidence suggesting a more severe disability. This led the Workers’ Compensation Board to restore the case to the trial calendar for further development of the record concerning the degree of disability post-May 6, 1996. Although two physicians testified, with one indicating a moderate disability and another a total disability, the Workers’ Compensation Law Judge (WCLJ) ultimately awarded benefits at a moderate partial disability rate. Upon the claimant's subsequent appeal, the Board ruled that the claimant was precluded from raising the issue of their degree of disability, citing regulatory provisions. The appellate court found that the Board had abused its discretion, as the issue was explicitly remanded by the Board previously, and the claimant was still aggrieved by the WCLJ's award despite an increase in benefits. Consequently, the court reversed the Board's decision and remitted the matter for further proceedings.

Workers' CompensationDisability AssessmentAppellate ReviewAbuse of DiscretionProcedural ErrorMedical EvidenceDegree of DisabilityRemittalNew York LawAdministrative Appeal
References
0
Case No. ADJ7873101
Regular
Apr 11, 2017

SHERY FRANKLIN vs. STATE OF CALIFORNIA

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded the prior award, finding that the administrative law judge erred in several permanent disability ratings. Specifically, the WCAB will allow for further proceedings to re-rate permanent disability, incorporating the agreed medical examiner's findings for hypertension and sleep disorder, and rating psyche disability without apportionment. Issues regarding the method of rating cervical spine disability, industrial injury to the upper digestive tract, and entitlement to a Labor Code section 4658(d) increase will also be further developed and decided. The WCAB affirmed the findings on temporary disability and further medical treatment.

WCA BReconsiderationIndustrial InjuryPermanent DisabilityApportionmentAgreed Medical EvaluatorAMEWhole Person ImpairmentWPISleep Disorder
References
11
Case No. SJO 0258872
Regular
Aug 12, 2008

JUANA MICHEL vs. JACK-IN-THE-BOX, AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA

The Appeals Board reconsidered a decision regarding Juana Michel's workers' compensation claim and amended the original award. The Board found that medical reports predating January 1, 2005, sufficiently indicated permanent disability, thereby making the 1997 Permanent Disability Rating Schedule applicable. Consequently, the applicant's permanent disability rating was increased from 31% to 53% based on the parties' stipulation and the application of the older rating schedule.

Workers' Compensation Appeals BoardPermanent DisabilityReconsiderationIndustrial InjuryLow Back InjuryPermanent Disability RatingSchedule for Rating Permanent DisabilitiesAmerican Medical Association GuidesAgreed Medical ExaminerTreating Physician
References
6
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