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

Case No. ADJ8890143
Regular
Sep 19, 2014

Vanessa White vs. San Diego Gas Electric, Liberty Mutual Insurance Company

In this workers' compensation case, the Appeals Board granted a joint petition for removal to correct a misidentification of the employer on case documents. Although the parties characterized this as a clerical error, the Board clarified it was an attorney error. Despite the lack of stated prejudice, the Board rescinded the prior denial of a petition to amend the order approving the compromise and release. The case is returned to the trial level for the judge to make necessary corrections to court documents and EAMS.

Petition for RemovalOrder Denying PetitionAmendment of Order Approving Compromise and ReleaseEmployer Identification ErrorClerical ErrorAttorney ErrorSubstantial PrejudiceIrreparable HarmWCAB Rule 10843Labor Code Section 5813
References
Case No. ADJ9172410, ADJ9172422
Regular
Apr 22, 2015

DAVID MEANY vs. WALNUT CREEK FORD, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for ULLICO CASUALTY in Liquidation, Administered By PATRIOT RISK SERVICES

The Workers' Compensation Appeals Board granted reconsideration to correct a clerical error in the original award. The Board rescinded an amended award issued without proper jurisdiction and clarified that temporary disability indemnity in ADJ9172422 is payable less sums received from all sources, including EDD. Case ADJ9172410 was taken off calendar as there were no disputed issues. The original award in ADJ9172422, as amended to reflect these clarifications, was affirmed.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardTemporary Disability IndemnityWage-Loss BasisEmployment Development DepartmentAdministrative Law JudgeOff CalendarClerical ErrorJudicial Function
References
Case No. ADJ3708709 (AHM 0128553) ADJ1493538 (AHM 0128554)
Regular
Jun 08, 2012

ELSA SERRANO vs. ITT CANNON ELECTRICS; ESIS; TRISTAR

This case concerns whether two workers' compensation claims were properly dismissed due to defective service. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, finding that the WCJ erred in determining the dismissals were not final. The Board concluded that due process was satisfied as the applicant and their attorney had notice and opportunity to object, despite a minor error in the applicant's zip code on the service documents. Therefore, the WCAB rescinded the WCJ's previous findings.

Workers' Compensation Appeals BoardReconsiderationOrder DismissingDefective ServiceFindings of FactPetition for ReconsiderationProof of ServiceDue ProcessHarmless ErrorPrejudicial Error
References
Case No. ADJ10289629
Regular
Oct 19, 2017

Timothy Kirby vs. Contra Costa Water District

This case involves a clerical error where the defendant's reply brief was incomplete due to a missing second page. The Workers' Compensation Appeals Board (WCAB) initially did not consider the incomplete brief. Upon receiving the complete brief and an explanation of the error, the WCAB, exercising its discretion to correct clerical errors for due process, accepted the defendant's reply. The WCAB affirmed its prior decision, but amended the original opinion to delete the footnote referencing the incomplete brief and include the defendant's reply.

WORKERS' COMPENSATION APPEALS BOARDAMENDED OPINION AND DECISION AFTER RECONSIDERATIONPetition For Leave to File a Replyclerical errordue process rightscorrect clerical errorsconsider evidenceconsider pleadingsWCAB Rule 10848supplemental response
References
Case No. ADJ2253765 (VNO 0561741)
Regular
Mar 17, 2017

MAKE NEHDAR vs. WASHINGTON MUTUAL, INC., SEDGWICK CLAIMS MANAGEMENT SERVICES

This case concerns a clerical error in a prior Workers' Compensation Appeals Board (WCAB) decision. The applicant, Mike Nehdar, sought to correct the description of injured body parts in a May 16, 2013 Opinion and Order. The original WCAB decision had rescinded a previous administrative law judge's finding and substituted its own. The applicant correctly identified a clerical error in the substituted finding regarding the specific body parts injured. The WCAB granted reconsideration to correct this clerical error, affirming its prior decision but amending the finding to accurately reflect the applicant's claimed injuries.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderWorkers' Compensation Administrative Law JudgeCumulative TraumaInjury AOE/COEClerical ErrorPetition to Correct Clerical ErrorLower ExtremitiesNeurological
References
Case No. ADJ206397
Regular
Mar 04, 2016

WANDA HIGHSMITH vs. COUNTY OF SAN DIEGO

This Workers' Compensation Appeals Board order corrects a clerical error in the date of service for a previous decision. The original decision mistakenly stated the service date as March 3, 2016, when it should have been March 4, 2016. The Board is authorized to correct such errors without further proceedings. The corrected date of service is now March 4, 2016.

Workers' Compensation Appeals Boardclerical errordate of serviceOpinion and OrderPetition for Reconsiderationcorrecting errorSupplemental Proceedingsamended date
References
Case No. ADJ3274679
Regular
Jun 26, 2012

PATCHES CONWAY vs. ARCHITECTURAL ART MANUFACTURER, CHARTIS

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration because the defendant voluntarily withdrew it. The defendant had initially sought to set aside an Order Approving Compromise and Release, alleging an inadvertent clerical error by the applicant. However, the issue was resolved when the applicant corrected the error and the Appeals Board incorporated the amendments. Therefore, no further action was required on the reconsideration petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationCompromise and ReleaseOrder Approving Compromise and ReleaseSet Aside OrderInadvertent ErrorClerical ErrorIncorporate by ReferenceDismissed PetitionStatus Conference
References
Case No. ADJ11091707
Regular
Apr 09, 2018

LEILANI MOLINA vs. MSLA/UNITED HEALTHCARE SERVICES, INC.; TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, administered by SEDGWICK

This Workers' Compensation Appeals Board case, ADJ11091707, involves a clerical error in the original decision. The Board's February 16, 2017 decision mistakenly listed the service date as February 16, 2017, when it should have been February 16, 2018. The Board corrected this clerical error, citing its authority to do so at any time without further proceedings. No other changes were made to the original February 16, 2018 Opinion.

Clerical errorDate of serviceCorrecting errorOpinion and OrderAppeals BoardWorkers' CompensationToccalino v. Workers' Comp. Appeals Bd.Supplemental ProceedingsPetition for RemovalAmended date
References
Case No. ADJ3025610 (LAO 0804371) ADJ2399189 (LAO 0833561) ADJ616704 (LAO 0833554) ADJ2590395 (LAO 0833562)
Regular
Jun 18, 2019

ROSA RENTERIA, vs. LOS ANGELES UNIFIED SCHOOL DISTRICT,

This case involves a lien claimant seeking reconsideration of their lien dismissal for failing to appear at a noticed lien conference. The lien claimant argued human error constituted excusable neglect under CCP 473(b). The WCJ found no good cause for the non-appearance and dismissed the lien. The Appeals Board denied reconsideration, affirming the dismissal because the explanation of "human error" was skeletal and did not adequately explain the failure to appear or demonstrate good cause.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationOrder Dismissing Lien ClaimWCJRule 10562CCP 473(b)Excusable NeglectGood CauseFox v. Workers' Comp. Appeals Bd.
References
Case No. SAC 359898
Regular
Oct 03, 2007

STEVE GARRETT vs. STIMPEL-WIEBELHAUS ASSOCIATES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and amended a prior award due to clerical errors in calculating permanent disability indemnity and attorney's fees. The Board corrected the total permanent disability indemnity to $19,585.50 and the attorney's fees to $2,350.00, reflecting the correct payment duration for 22% permanent disability and the applicable rate increase. This amendment was based on the Board's continuing jurisdiction to correct clerical errors.

Stipulations with Request for AwardMathematical ErrorMutual MistakeClerical ErrorPermanent Disability IndemnityAttorney's FeesLabor Code Section 4658(d)Rate IncreaseCommutationContinuing Jurisdiction
References
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