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

Case No. ADJ4265715
Regular
Jul 14, 2010

ARNIE K. RAGLAND vs. METROPOLITAN PROVISION, ARGONAUT INSURANCE COMPANY

This case involves an applicant seeking retroactive vocational rehabilitation maintenance allowance (VRMA) benefits after the statutory basis for these benefits was repealed. The applicant's entitlement to VRMA from a specific date forward was established by a Rehabilitation Unit Determination that became final before the repeal. The Appeals Board granted reconsideration, rescinded the prior adverse finding, and remanded the case for determination of the specific VRMA amounts due based on that final Determination. Therefore, the applicant's right to VRMA from the date of the final Determination vested before the statute's repeal.

VRMAVocational RehabilitationVested RightLabor Code 139.5RepealRehabilitation UnitDeterminationWorkers' Compensation Appeals BoardIndustrial InjuryPermanent Disability
References
1
Case No. MISSING
Significant
Feb 22, 2005

TERRY MARTINEZ, Applicant vs. CALIFORNIA BUILDING SYSTEMS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, on behalf of FREMONT INDEMNITY COMPANY, in liquidation, adjusted by CAMBRIDGE INTEGRATED SERVICES GROUP

The Appeals Board held that the repeal of Labor Code section 4062.9 applies to all cases, regardless of the date of injury, unless a decision had become final before the repeal's effective date of April 19, 2004.

SB 899Labor Code section 4062.9primary treating physician presumptionCIGAliquidationAppeals Boardreconsiderationen bancfinal decisionappellate rights
References
10
Case No. MISSING
Regular Panel Decision
Aug 28, 2008

Aminzadeh v. Hyosung USA

The claimant, a machine operator, sustained a left hand injury in 2005. During treatment for this injury, she was diagnosed with carpal tunnel syndrome in her left wrist. A separate claim for carpal tunnel syndrome was established as an unrelated occupational disease, with a disablement date of June 2007 by a Workers’ Compensation Law Judge. The Workers’ Compensation Board affirmed this decision. The employer’s workers’ compensation carrier appealed the Board’s ruling on the date of disablement. The Appellate Division affirmed the Board's decision, finding that the selection of June 2007 as the date of disablement was supported by substantial evidence, as the condition was objectively diagnosed then.

Workers' CompensationOccupational DiseaseCarpal Tunnel SyndromeDate of DisablementSubstantial EvidenceAppellate ReviewLeft Hand InjuryMachine OperatorMedical DiagnosisBoard Decision
References
3
Case No. MISSING
Regular Panel Decision

Cook v. Water Tunnel Contractors

A motion was filed seeking to compel the Workers’ Compensation Board to accept two notices of appeal, dated July 10, 1978, and September 22, 1978. The court partially granted the motion, directing the Workers’ Compensation Board to accept the notice of appeal dated July 10, 1978. However, the motion was denied with respect to the notice of appeal dated September 22, 1978. The decision was rendered without costs to either party. Justices Mahoney, Greenblott, Main, Mikoll, and Herlihy concurred with the ruling.

Motion PracticeAppellate ProcedureWorkers' CompensationJudicial ReviewAdministrative DecisionCourt OrderPartial GrantNotice of AppealLegal CostsConcurring Opinion
References
2
Case No. 15-36090
Regular Panel Decision

In re Covelli

The U.S. Bankruptcy Court granted the Debtors' motion to reopen their Chapter 7 bankruptcy case and imposed sanctions on creditor William Clement for violating the discharge injunction. Clement had pursued a deficiency judgment in state court on a discharged mortgage debt, despite previous court orders. The Court found Clement in contempt and ordered him to withdraw the state court proceeding, imposing a daily penalty for non-compliance. The Court denied Clement's separate motion to declare an earlier Chapter 13 petition date as the effective date for the Chapter 7 discharge, reaffirming the June 15, 2015 Chapter 7 petition date.

BankruptcyDischarge InjunctionSanctionsMotion to ReopenPetition DateDeficiency JudgmentContemptChapter 7Chapter 13Automatic Stay
References
82
Case No. MISSING
Regular Panel Decision
Jul 15, 1998

Claim of Baldo v. Daily News

This case involves an appeal from a Workers' Compensation Board decision setting the date of disablement for claimant Joseph Baldo, a former newspaper pressman who suffered from work-related lung cancer, as July 29, 1992. Baldo's widow filed for death benefits after his passing in 1994, leading to a dispute between workers' compensation carriers over liability. The appealing carrier contended that the disablement date should be earlier, citing diagnoses in 1990 or 1991. However, the court affirmed the Board's decision, emphasizing the Board's discretion in selecting a disablement date and finding no medical evidence to establish disability prior to July 29, 1992, even though earlier diagnoses existed.

Workers' Compensation LawLung CancerDate of DisablementAppellate ReviewSubstantial EvidenceCarrier ResponsibilityOccupational DiseaseMedical EvidenceClaimant DisabilityBoard Discretion
References
3
Case No. ADJ4386818 (SAL 0091744) ADJ2744571 (SAL 0087231)
Regular
Jan 19, 2010

SUSAN FERGUSON vs. MONTEREY PENINSULA COUNTRY CLUB; SEDGWICK CMS, Administered By CIGA

The Workers' Compensation Appeals Board denied applicant Susan Ferguson's reconsideration, affirming that her right to retroactive vocational rehabilitation maintenance allowance (VRMA) was barred by the repeal of Labor Code section 139.5. The Board found her rights did not vest before the January 1, 2009 effective date of the repeal, citing precedent from *Weiner v. Ralph's Company* and *Beverly Hilton Hotel v. Workers' Compensation Appeals Board (Boganim)*. These decisions established that VRMA rights terminate upon repeal unless a final appellate decision exists, which Ferguson lacked. Therefore, the WCJ lacked jurisdiction after January 1, 2009, to grant VRMA benefits.

Workers' Compensation Appeals BoardVocational Rehabilitation Maintenance AllowanceVRMALabor Code Section 139.5Vesting of RightsSavings ClauseSection 5502(b)(3)En Banc DecisionsWeiner v. Ralph's CompanyBeverly Hilton Hotel v. Workers' Compensation Appeals Board
References
3
Case No. MISSING
Regular Panel Decision
Oct 12, 1978

Claim of Falcone v. Western Electric Co.

The case involves an appeal of a Workers' Compensation Board decision that set the claimant's date of disablement as July 30, 1973. The claimant, an employee of Western Electric Company, Inc., developed chronic obstructive pulmonary disease due to polyurethane exposure, initially experiencing symptoms in 1966. While a medical report from Dr. Ehret in 1966 identified bronchial asthma, the condition was not considered disabling until July 30, 1973, when the claimant first lost work time due to respiratory issues. The Board's decision, which also discharged the Special Fund from liability under section 25-a of the Workers’ Compensation Law, was affirmed by the appellate court, finding substantial evidence to support the determination of the disablement date.

Occupational DiseaseChronic Obstructive Pulmonary DiseaseBronchial AsthmaPolyurethane ExposureToluene Diisocyanate (TD1)Date of DisablementWorkers' Compensation LawSpecial FundsSubstantial EvidenceMedical Testimony
References
3
Case No. ADJ347040
En Banc
Jun 11, 2009

LAWRENCE WEINER vs. RALPHS COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

The Appeals Board holds that the repeal of Labor Code section 139.5, effective January 1, 2009, terminated any non-final rights to vocational rehabilitation benefits or services. The WCAB lost jurisdiction over these claims unless the rights were vested through a final order issued before the repeal date.

Labor Code section 139.5vocational rehabilitationrepealvested rightsinchoate rightssaving clauseghost statutesjurisdictionfinal judgmentstatutory repeal
References
54
Case No. ADJ1509936 (MON 0335614) ADJ1185943 (MON 0335615) ADJ1317308 (MON 0335616)
Regular
May 08, 2009

LINDA ROSENBERG vs. UNITED AIRLINES, GALLAGHER BASSETT SERVICES, INC.

This case involves an applicant seeking vocational rehabilitation benefits denied by the WCJ. The applicant argues the benefits should extend beyond July 30, 2007, due to the employer's failure to provide timely notice. The Board granted reconsideration to address the applicability of the repeal of Labor Code § 139.5 on the WCJ's jurisdiction to award benefits after the repeal's effective date. The matter is returned to the trial level for further proceedings and a new decision, potentially in light of related en banc decisions. The Board encourages informal resolution of the disputed issues.

Vocational rehabilitationVRMALabor Code Section 139.5Labor Code Section 4636(a)WCABWorkers' Compensation Appeals BoardPERMANENT AND STATIONARYREHABILITATION UNITADMINISTRATIVE LAW JUDGERECONSIDERATION
References
1
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