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

Case No. ADJ1974387
Regular
Jan 19, 2023

KATHERINE BEARD vs. WALMART ASSOCIATES, INC., AMERICAN HOME ASSURANCE, YORK RISK SERVICES GROUP, INC.

This case concerns a dispute over permanent disability benefits for an employee injured in 2006. The applicant sought benefits at a higher weekly rate and an earlier COLA commencement date than initially awarded. The Appeals Board amended the original findings, ruling that the date of first permanent disability payment (September 13, 2006) controls benefit calculations. Consequently, the defendant must retroactively adjust payments to $407.66 per week and commence COLAs from January 1, 2007, with credit for prior payments.

Petition for Reconsiderationpermanent disability indemnityCOLApermanent total disabilityretroactive adjustmentpermanent and stationary dateearnings at time of injuryaverage weekly earningsmedical-legal benefitLabor Code Section 4650
References
Case No. ADJ8252128
Regular
Nov 30, 2015

HILARY RHONAN vs. COUNTY OF LOS ANGELES, INTERCARE INSURANCE SERVICES

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration to correct mathematical and clerical errors in an award approving stipulations. While the defendant sought to amend the award to include a credit, the Board affirmed the award with specific corrections to the retroactive temporary disability, self-imposed penalty, attorney's fees, and the permanent disability rate. The final award reflects these adjustments as agreed upon and recommended by the WCJ.

Petition for ReconsiderationAward Approving Stipulationsretroactive temporary disabilityself-imposed penaltyattorney's feepermanent disabilityLabor Code section 4658(d)mathematical errorsclerical errorWCJ
References
Case No. ADJ8386503
Regular
Feb 15, 2019

KENNETH MORRIS vs. COUNTY OF RIVERSIDE

This case involves a deputy sheriff seeking reconsideration of a Workers' Compensation Appeals Board (WCAB) decision. The applicant was awarded an increased permanent disability rating of 83% from his prior 50% award. The defendant sought reconsideration arguing the increased disability payments were not retroactive to the original permanent and stationary date. The WCAB granted reconsideration, amending the findings to acknowledge two maximum medical improvement dates but affirming the applicant's entitlement to increased permanent disability payments retroactive to the earlier date. The WCAB also upheld the penalty for unreasonable delay in payments.

Workers' Compensation Appeals BoardCounty of Riversidedeputy sheriffpermanent disabilitypermanent and stationary datelife pensioncost of living adjustmentCOLALabor Code section 5814agreed medical evaluator
References
Case No. ADJ312652 (STK 0204453)
Regular
Nov 14, 2008

AMADOR CISNEROS vs. CBC FRAMING and VIRGINIA SURETY, adjusted by CAMBRIDGE INTEGRATED RESOURCES

This case involves a dispute over a Workers' Compensation Appeals Board (WCAB) decision to set aside a prior order and require the defendant to produce the claims adjuster for testimony. The WCAB denied the defendant's petition for removal, finding no abuse of discretion by the judge who properly used WCAB Rule § 10859 to rescind the prior order and allow for further proceedings. The defendant's arguments regarding the applicant's failure to produce the adjuster at trial were deemed premature as no order compelling appearance had been issued.

WCABPetition for RemovalOrder Setting Aside FindingsWCJ DiscretionWCAB Rule 10859Claims AdjusterMandatory Settlement ConferencePetition for ReconsiderationWCAB Rule 10843(b)AOE/COE
References
Case No. ADJ7054442
Regular
Jan 11, 2013

JARRAD JELSMA vs. WINE GROUP, INC.; TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Board denied the defendant's petition for reconsideration of the WCJ's award of temporary disability indemnity. The defendant failed to demonstrate due diligence in producing a wage statement discovered after trial, which it claimed would lower the indemnity rate. While denying reconsideration of the retroactive award, the Board allowed the defendant to petition to reopen the award to prospectively adjust the temporary disability indemnity rate based on the disputed wage statement. The Board also denied credit to the defendant for any retroactive overpayment of temporary disability indemnity.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardAverage Weekly EarningsTemporary Disability IndemnityWage StatementDue DiligenceNewly Discovered EvidenceReopen AwardRetroactive Overpayment
References
Case No. ADJ608971 (SAC 0345754)
Regular
Mar 22, 2010

ROGELIO ROJAS vs. ALLIED WASTE INDUSTRIES INC, AMERICAN HOME ASSURANCE

This case involved a dispute over a 15% increase in permanent disability benefits for an employee who sustained a 100% permanent disability. The defendant argued this increase, under Labor Code section 4658(d), did not apply to total permanent disability awards and challenged the retroactive date for annual wage adjustments. The Appeals Board granted reconsideration, reversing the 15% increase because Labor Code section 4658(d) applies only to permanent disability awards calculated under a specific chart, not to total permanent disability. The Board affirmed the annual wage adjustment date based on precedent and deferred attorney fees pending recalculation.

Workers Compensation Appeals BoardRogelio RojasAllied Waste Industries IncAmerican Home AssuranceFindings Award and Orderpermanent disabilitypermanent total disabilityLabor Code section 4658(d)(2)state average weekly wageSAWW adjustment
References
Case No. LBO 0366043
Regular
Jul 02, 2008

STEVEN DUGAN vs. COCA-COLA, Permissibly Self-Insured, SEDGWICK CLAIMS MANAGEMENT SERVICES

In this workers' compensation case, the Workers' Compensation Appeals Board granted reconsideration to correct a calculation error. The Board found that the applicant's permanent disability rating should be adjusted for his actual age of 47, not the older age group used by the initial judge. Consequently, the permanent disability rating was reduced from 34% to 31%.

WCABPetition for ReconsiderationPermanent DisabilityAge AdjustmentIndustrial InjuryFindings and AwardWorkers' Compensation JudgeAdjusting AgentSelf-InsuredAttorney's Fees
References
Case No. ADJ7166686
Regular
Jul 24, 2012

RICHARD ANDERSON vs. JAGUAR/LANDROVER OF VENTURA, COMPWEST INSURANCE COMPANY

This case involves an applicant who suffered a stroke and subsequent 100% permanent disability following surgery for an industrial shoulder injury. The defendant sought reconsideration, arguing for apportionment to pre-existing conditions and challenging the attorney's fee calculation. The Appeals Board affirmed the 100% permanent disability finding, finding no basis for apportionment as the applicant's pre-existing conditions did not cause the disability itself. However, the Board modified the attorney's fee award, requiring commutation using a specific method and a 3% cost of living adjustment, finding the previously assumed 4.6% to be speculative.

Workers Compensation Appeals BoardRichard AndersonJaguar/Landrover of VenturaCompwest Insurance CompanyADJ7166686ReconsiderationFindings and AwardIndustrial InjuryBrain InjuryNeurological System
References
Case No. ADJ6692231
Regular
Nov 23, 2016

DONALD BARNARD vs. SCHELLINGER CONSTRUCTION COMPANY, LINCOLN GENERAL INSURANCE COMPANY IN LIQUIDATION

The Appeals Board granted reconsideration to clarify the commencement date of permanent disability indemnity payments. Despite a previous finding incorporating a DEU commutation suggesting an April 15, 2014 start date, the Board ruled that Labor Code section 4650 dictates entitlement begins the day after temporary disability ends. Therefore, applicant is entitled to permanent disability payments starting October 2, 2010, with a 15% increase commencing sixty days after April 15, 2014. The matter is returned for further proceedings to adjust benefits and attorney fees accordingly.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderWCJDEU commutationpermanent disabilitycommencement dateretroactive benefitsLabor Code § 4650Brower v. David Jones Construction
References
Case No. ADJ1908213
Regular
Mar 11, 2009

ROBERT WARD vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, PSI AND ADJUSTED BY SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the WCJ's decision that applicant was entitled to retroactive vocational rehabilitation maintenance allowance (VRMA) but not at the delay rate. The Board found the delay in VRMA reinstatement was caused by the applicant's pursuit of a settlement rather than the employer's actions. The issue of a Labor Code section 5814 penalty was deferred by the WCJ and therefore not addressed in this order.

Vocational Rehabilitation Maintenance AllowanceVRMA delay rateLabor Code section 5814 penaltyretroactive VRMAPetition for Reconsiderationindustrial injurypermanent disabilityvocational rehabilitation benefitssettlement negotiationsRehabilitation Unit
References
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