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Case Law Database

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

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ1158684 (GOL 0099195)
Regular
Nov 14, 2008

CAROLINA VELA vs. SERVICE MASTER CBM, AMERICAN ALL-RISK LOSS ADMINISTRATORS

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration to correct a clerical error, reducing the lien awarded to Lorena Ortiz-Schneider from $4,025.00 to $1,995.00. The Board also denied Associated Reproduction Services' petition, affirming the WCJ's decision to award copy charges at a reasonable rate of 20 cents per page, referencing precedent established by *Kunz* and *Sweet*. This decision clarifies the correct lien amount and upholds the application of reasonable rates for reproduction services.

WCABPetition for ReconsiderationLien ClaimantInterpreting ServicesCopy ChargesReasonableness of ChargesMedical-Legal ExpensesClerical ErrorDecision After ReconsiderationKunz v. Patterson
References
Case No. ADJ3904838
Regular
Jan 06, 2015

EDWARD MORSE vs. CONWAY WESTERN EXPRESS, INDEMNITY INSURANCE

This case concerns a clerical error in the Workers' Compensation Appeals Board's (WCAB) prior decision, specifically the date of service. The Board identified that the decision, served on December 6, 2015, should have reflected a service date of January 6, 2015. The WCAB has corrected this specific clerical error without requiring further proceedings, citing its authority to do so at any time. This correction amends the date of service to January 6, 2015, as reflected in the amended order.

Clerical error correctionDate of servicePetition for reconsiderationWorkers' Compensation Appeals BoardAmended date of serviceSupplemental proceedingsOpinion and Orders Denying PetitionGranting PetitionDecision After ReconsiderationConstitution State Service Company
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. 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. ADJ3497432 (VNO 0506196)
Regular
Mar 09, 2009

CHRISTOPHER DUVALL vs. USF REDDAWAY INC., GALLAGHER BASSETT SERVICES

This case involves a clerical error in a prior Workers' Compensation Appeals Board (WCAB) decision. The Board previously issued an Opinion and Order Dismissing Defendant's Petition for Reconsideration on March 9, 2009. However, page three of that decision incorrectly stated it was signed on March 7, 2009. The WCAB is now correcting this clerical error to reflect the actual signing and service date of March 9, 2009.

Workers' Compensation Appeals BoardUSF Reddaway Inc.Gallagher Bassett Servicesclerical errorOpinion and OrderPetition For Reconsiderationcorrecting datesigned and servedpage threeSan Francisco
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. ADJ2395920 (VNO 0339759) ADJ2271599 (LAO 0819690)
Regular
Apr 21, 2014

YOLANDA DIAZ vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration as untimely. The defendant claimed they were never served with the original award, but the WCAB found their petition was filed more than 20 days after they "became aware" of the decision. The WCAB emphasized that in cases of defective service, the petition must be filed within 20 days of actual receipt. Additionally, the defendant was admonished for raising new issues and for procedural errors in their filing.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and Awardtimely filingserviceLabor CodestipulationElectronic Adjudication Management System (EAMS)defective serviceuntimely petition
References
Case No. ADJ1784264 (MON 0302991) ADJ2898466 (MON 0339769)
Regular
Oct 14, 2011

GIRGIS FAM vs. UCLA MEDICAL CENTER, permissibly self-insured, Administered by Sedgwick Claims Management Services

This case concerns the selection of a child care provider for a permanently and totally disabled applicant. The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for reconsideration. The WCAB reversed the judge's decision, allowing the applicant to select his own child care provider, reasoning that this service is personal, similar to selecting a physician. The Board emphasized that the continuity of care and applicant's confidence in the provider outweigh the employer's desire to use a licensed and bonded provider selected by them.

Workers' Compensation Appeals BoardPetition for ReconsiderationSupplemental Findings and AwardPermanently totally disabledCaretaking servicesChild care servicesGardening servicesPool maintenance servicesStructural modificationsCauda-equina syndrome
References
Case No. ADJ4250013
Regular
Mar 01, 2018

LYNELLIA NICHOLS vs. CAPITOL FACTORS, STATE COMPENSATION INSURANCE FUND

This case involves a clerical error in the date of service for a Workers' Compensation Appeals Board decision. The Board's January 8, 2017 decision was mistakenly served, when the correct service date should have been January 8, 2018. The Board is correcting this error without further proceedings, as permitted by statute. The corrected decision will reflect the amended service date of January 8, 2018.

Clerical Error CorrectionDate of ServiceOpinion and OrderWorkers' Compensation Appeals BoardReconsiderationSupplemental ProceedingsAmended Date of ServiceADJ4250013LAO 0725006Capitol Factors
References
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