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

Case No. ADJ6699348
Regular
Mar 17, 2016

KANON MONKIEWICZ vs. RM STORE FIXTURES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) issued a Notice of Intention to find that Labor Code section 4903.8(a) does not preclude awards to lien claimants Rx Funding Solutions, LLC and PharmaFinance, LLC. This is because the 2014 amendments to section 4903.8(a)(2) specify that it does not apply to assignments completed prior to January 1, 2013. Both of the lien claimants' assignments were made before this date, thus exempting them from the preclusion. The WCAB is amending its previous order and returning the case to the trial level for further proceedings on the merits of the liens.

Labor Code 4903.8Lien claimantsAssignment of receivablesCessation of businessPharmacy lienMedical lienSB 863AB 2732Prospective vs. retrospective applicationWCAB rules
References
10
Case No. MISSING
Regular Panel Decision

F. G. Compagni Construction Co. v. Ross

Petitioners appealed judgments that had annulled certain prevailing wage and supplement redeterminations and notices to withhold payment issued under Labor Law sections 220 and 220-b. They contended that the respondent failed to ascertain prevailing wages and supplements by investigating workers in the defined 'locality,' instead conducting county-wide surveys and using union wage rates without proving majority union membership. The court affirmed the vacatur of redeterminations, finding the respondent's methods deviated from statutory mandates and that 1978 amendments to Labor Law section 220 were not retroactive. However, the court modified the judgments by reversing the annulment of notices to withhold payment, ruling that petitioners should have exhausted administrative remedies before seeking judicial review on that matter.

Prevailing WageWage RedeterminationsLabor Law ComplianceStatutory InterpretationAdministrative ReviewRetroactivity of LawPublic Works ContractsUnion Wage ScalesLocality DefinitionExhaustion of Administrative Remedies
References
7
Case No. SFO 0486173
Regular
Mar 21, 2008

PEGGY SHOMAKER vs. TOWN OF HILLSBOROUGH, THE CITIES GROUP

The Workers' Compensation Appeals Board denied reconsideration, affirming the prior award using the 1997 disability schedule. The Board found that the employer provided proper notice under Labor Code section 4061, even though the applicant received Labor Code section 4850 salary continuation benefits instead of traditional temporary disability. This notice requirement, as interpreted by the Board, dictated the application of the older disability rating schedule for pre-2005 injuries.

Labor Code section 4850Permanent DisabilityTemporary DisabilityLabor Code section 4061Labor Code section 4660(d)ReconsiderationFindings and AwardSalary continuationModified dutyFull duty
References
8
Case No. ADJ7122712, ADJ7122713
Regular
Dec 18, 2013

OFELIA INIGUEZ vs. FOSTER FARMS

The Workers' Compensation Appeals Board granted reconsideration of an order approving a compromise and release agreement for $25,000, which awarded applicant's attorney a 15% fee instead of the requested 20%. The Board found the attorney's petition for reconsideration to be frivolous and meritless, lacking proper legal justification for an increased fee. Furthermore, the attorney failed to comply with procedural rules, including not providing proof of notice to her client regarding adverse interests and improperly attaching exhibits. Consequently, the Board issued a notice of intention to impose sanctions against the attorney for bad faith actions.

Workers' Compensation Appeals BoardReconsiderationAttorney's FeeCompromise and Release AgreementAdequacy HearingSanctionLabor Code section 5813Policy and Procedure ManualQuantum MeruitAdverse Interest Notice
References
0
Case No. SAL 0110868
Significant
Jan 24, 2007

Josh Pendergrass, Applicant vs. Duggan Plumbing, State Compensation Insurance Fund

For the purpose of determining the applicable permanent disability rating schedule under Labor Code section 4660, an employer's duty to provide the notice required by section 4061 arises with the first payment of temporary disability indemnity.

Labor Code section 4660(d)2005 Schedule1997 Schedulesection 4061 notice requirementtemporary disability indemnitypermanent disability ratingen banc decisionreconsiderationWCJindustrial injury
References
9
Case No. ADJ7944481
Regular
Aug 22, 2013

IGNACIO PAZ vs. BENIHANA, INC., ZURICH LOS ANGELES

In this workers' compensation case, multiple lien claimants' liens were dismissed for failure to pay the required activation fee or appear at a lien conference. Their attorney claimed they lacked notice of the conference, but evidence indicates their representative initiated the conference and was served with notice. The Appeals Board granted reconsideration to consider sanctions against the attorney for filing a petition for reconsideration that appears indisputably without merit, potentially based on misrepresentation or failure to investigate facts. The Board intends to impose sanctions on the attorney for alleged bad faith actions under Labor Code Section 5813.

Lien activation feeLabor Code section 5813WCAB Rule 10561Declaration of ReadinessNotice of Hearinglien conferencepetition for reconsiderationbad faith actionfrivolous petitiondue process violation
References
1
Case No. ADJ8580497, ADJ7925443, ADJ8847010
Regular
Sep 12, 2014

Anthony Broussard, Chenequa Phelps, William Ortiz vs. Neighborhood House Association; Zenith Insurance Company, Grossmont Family Medical Group; Zenith Insurance Company, Steigerwald Dougherty, Inc.

The Appeals Board dismissed three petitions for reconsideration filed by a lien claimant, ruling that orders quashing notices to appear are not final orders. The Board consolidated the three cases due to common issues and granted removal on its own motion. A notice of intention to impose sanctions was issued against the lien claimant and its representative for allegedly filing frivolous petitions and causing unnecessary delay. The Board found the lien claimant's interpretation of Code of Civil Procedure section 1987 regarding compelling witness appearances to be without merit and a pattern of bad-faith conduct.

Workers' Compensation Appeals BoardRemovalConsolidationPetition for ReconsiderationOrder Quashing Notice to AppearCode of Civil Procedure section 1987(b)Claims AdjusterSanctionsLabor Code section 5813WCAB Rule 10561
References
5
Case No. ADJ8094646
Regular
Jan 17, 2014

ALEJANDRINA BARRETO vs. OUT OF THE SHELL, SOUTHERN INSURANCE COMPANY, REPUBLIC INDEMNITY COMPANY, PHARMAFINANCE, LLC, HEALTHCARE FINANCE MANAGEMENT, LLC

This case involves lien claimants PharmaFinance and Healthcare Finance Management, and their representatives Landmark Medical Management and Brian Hall, who sought reconsideration of a decision disallowing their liens for medical treatment. The Appeals Board granted reconsideration solely to notice its intention to impose sanctions of up to $2,500 against the lien claimants and their representatives. This action is due to a pattern of allegedly filing petitions containing false statements about not receiving notices, which violates the Board's Rules of Practice and Procedure and Labor Code Section 5813. The Board found these claims not persuasive and indicative of a tactic to avoid responsibility.

Workers' Compensation Appeals BoardPetition for ReconsiderationSanctionsLien ClaimantsHearing RepresentativesIndustrial InjuryFindings and OrderCompromise and ReleaseNotice of IntentionLabor Code section 5813
References
0
Case No. SFO 499333
Regular
May 30, 2008

CARMENCITA REDOBLE vs. CHEVRON STATIONS, INC.

The Workers' Compensation Appeals Board denied reconsideration of a decision that applied the 2005 Permanent Disability Rating Schedule (PDRS) to an applicant's psyche injury. The defendant argued that the older 1997 PDRS should have been used, based on a supposed requirement to issue a Labor Code section 4061 notice before January 1, 2005. However, the Board found no evidence in the record to support the defendant's claim that the notice was required or issued, thus upholding the application of the 2005 PDRS.

Petition for ReconsiderationPermanent Disability Rating Schedule (PDRS)Labor Code Section 4061Labor Code Section 4660Industrial InjuryPsyche InjuryArmed RobberyTemporary DisabilityPermanent and StationaryApportionment
References
0
Case No. SDO 0340101
Regular
Sep 10, 2007

RITA CORDOVA vs. SAN DIEGO UNIFIED PORT DISTRICT, AMERICAN HOME ASSURANCE COMPANY

This case concerns the application of the 2005 permanent disability rating schedule (PDRS) over the older 1997 PDRS for an applicant injured in 2004. The applicant argued that exceptions in Labor Code section 4660(d) should trigger the 1997 schedule, primarily based on a physician's report predating the schedule change. The Workers' Compensation Appeals Board affirmed the original award, finding that recent appellate decisions clarified that the older schedule only applies if a report indicating permanent disability exists prior to January 1, 2005, and the employer was not required to provide notice under Labor Code section 4061 before that date. Therefore, the 2005 PDRS was correctly applied.

Workers' Compensation Appeals BoardReconsiderationPermanent Disability Rating ScheduleLabor Code section 4660(d)Labor Code section 4061Medical-legal reportTreating physician's reportPermanent and stationary statusTemporary disability indemnityIndustrial injury
References
4
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