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

Case No. LAO 0811779, LAO 0811780
Regular
Mar 06, 2008

ELENA BLANKEVOORT vs. HUNTINGTON MEMORIAL HOSPITAL, S&B SURGERY CENTER

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a trial judge's order disallowing a lien claim from S&B Surgery Center. The WCAB found that while S&B Surgery Center did have a required "surgical clinic" license, it failed to prove compliance with fictitious business name filing requirements. However, the WCAB returned the case to the trial level for further proceedings, allowing S&B Surgery Center an opportunity to correct this procedural defect to recover on its lien.

Fictitious business nameLien claimantSurgical clinic licenseBusiness and Professions Code section 17910Medical BoardDepartment of Health ServicesBurden of proofReconsiderationWorkers' Compensation Appeals BoardOutpatient setting
References
Case No. ADJ2802696 (STK 0206161)
Regular
Mar 23, 2009

PAM ELLIOTT vs. MOSAIC SALES SOLUTIONS, THE HARTFORD

The Workers' Compensation Appeals Board (WCAB) rescinded a prior award and returned the case to the trial level for further proceedings. The applicant, injured in 2004, argued the 2005 permanent disability schedule inadequately addressed her diminished future earning capacity. Citing its recent en banc decisions in *Almaraz/Guzman* and *Ogilvie*, the WCAB found these decisions established that both the AMA Guides and the diminished future earning capacity (DFEC) portions of the 2005 Schedule are rebuttable. The case was remanded for further consideration of the applicant's arguments in light of these binding precedents.

Workers' Compensation Appeals BoardPetition for ReconsiderationPermanent Disability Rating2005 ScheduleAMA GuidesDiminished Future Earning CapacityVocational Rehabilitation ExpertRebuttable PresumptionStare DecisisAlmaraz/Guzman
References
Case No. ADJ7298811
Regular
Dec 21, 2012

JONATHAN WYCINSKY vs. CITY OF CITRUS HEIGHTS, Permissibly Self-Insured, Adjusted by YORK RISK SERVICES GROUP, INC.

Here's a concise summary for a lawyer: Applicant, a police officer, sustained an industrial shoulder injury and was initially paid full salary under Labor Code § 4850. He later voluntarily resigned for financial reasons unrelated to his injury to accept a position with another city. The Board found that a voluntary, non-medical resignation terminates the employment relationship required for a § 4850 leave of absence. Therefore, the defendant is not liable for continued full salary payments post-resignation, despite the applicant remaining employed as a police officer elsewhere.

Labor Code section 4850police officervoluntary resignationnonmedical reasonsleave of absencefull salarytemporary disabilityindustrial injurytermination of employmentCity of Citrus Heights
References
Case No. ADJ11900759
Regular
Oct 20, 2025

Luis Hernandez vs. Cesar Chavez Foundation, Berkshire Hathaway Homestate Insurance Company

The Workers' Compensation Appeals Board denied defendant Berkshire Hathaway Homestate Insurance Company's petition for reconsideration. The defendant challenged an earlier decision that found a contested claim existed when cost petitioner DocCentral provided subpoena services. The Board affirmed its previous finding, clarifying that a claim becomes contested upon an employer's delay notice, thus allowing discovery. The Board rejected the defendant's argument that a denial was required for a contested claim, citing prior en banc decisions to support its position on discovery during delay periods.

Contested claimLabor Code § 4620(b)8 CCR § 9793(b)Petition for ReconsiderationOpinion and Order DenyingDocCentralsubpoena servicesdelay noticemedical-legal expenseAdjudication of Claim
References
Case No. SAL 0110868
Significant
Apr 06, 2007

Josh Pendergrass vs. Duggan Plumbing, State Compensation Insurance Fund

The Appeals Board, in an en banc decision, holds that the 2005 Schedule for Rating Permanent Disabilities applies to pre-2005 injuries if the last payment of temporary disability indemnity, which triggers the notice requirement under Labor Code section 4061, occurred on or after January 1, 2005.

Labor Code section 4660(d)1997 Schedule2005 Scheduletemporary disability indemnitypermanent disabilitynotice requirementsection 4061en banc decisionreconsiderationstatute of limitations
References
Case No. ADJ4194347 (SRO 135724) ADJ8065537
Regular
Feb 11, 2013

JONATHAN GREEN vs. T.J. and DENI MARRONE, INC., PREFERRED EMPLOYERS INSURANCE COMPANY

The Appeals Board granted reconsideration on an attorney's fee dispute arising from a $150,000 compromise and release settlement. The applicant's attorney sought an $18,000 fee, but the administrative law judge initially awarded less, leading to a petition for reconsideration. The Board ultimately rescinded the judge's order and awarded the full $18,000 fee, finding it reasonable based on factors including the attorney's success in securing the settlement, even though it included funds for a Medicare Set Aside. A dissenting opinion argued that the attorney failed to properly notify the applicant of adverse interests and right to independent counsel as required by board rules and a subsequent Notice of Intention.

Workers' Compensation Appeals BoardCompromise and ReleaseAttorney's FeeReconsiderationRule 10778Medicare Set AsideNotice of IntentionAdverse InterestIndependent CounselDissenting Opinion
References
Case No. FRE 0226474
Regular
Aug 10, 2007

FRANCISCO CAMPOS vs. MOYA FARM LABOR, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration of an award finding a $2\%$ permanent disability rating for an orange picker injured in 2004. The Board held that the revised rating schedule applied as there was no pre-January 1, 2005 medical report indicating permanent disability, and the parties stipulated to temporary disability payments which negated the notice exception. The Board relied on the published appellate decision in *Costco Wholesale Corp. v. Workers' Compensation Appeals Board (Chavez)*.

Workers Compensation Appeals BoardFrancisco CamposMoya Farm LaborState Compensation Insurance FundFindings of Fact and Awardpermanent disabilityrating scheduleLabor Code 4660(d)Baglione IIAMA Guides
References
Case No. ADJ1541863 (SBR 0317921) ADJ1955130 (SBR 0318072)
Regular
Oct 24, 2008

CAROL TELIZYN vs. BRASWELL'S COLONIAL CARE, STATE COMPENSATION INSURANCE FUND

The Appeals Board dismissed Arrowback Medical Group's (AMG) petition for reconsideration because it was successive and not taken from a final order, as the prior decision remanded the case for further proceedings. The Board also corrected the caption of its August 8, 2008 decision nunc pro tunc to include both relevant case numbers. AMG's core argument regarding the applicability of an expired fee schedule was previously addressed and found to be without merit.

Nunc Pro TuncPetition for ReconsiderationSuccessive PetitionFinal OrderInterim OrderRemandCaption CorrectionRepackaged PharmaceuticalsOfficial Medical Fee ScheduleLien Claimant
References
Case No. ADJ268422 (MON 0326162) ADJ1140304 (MON 0329012)
Regular
Jan 10, 2020

Dawn Leah Guritzky vs. Regents of the University of California, UCLA Medical Center, SEDGWICK CLAIMS MANAGEMENT SERVICES

This case involves a registered nurse seeking workers' compensation for industrial injuries sustained on two separate dates, leading to a finding of 100% permanent disability without apportionment. The defendant sought reconsideration, arguing against the 100% disability rating and the lack of apportionment. The Appeals Board found that the WCJ properly applied the "cannot parcel out" exception for apportionment based on psychiatric disability. However, the Board rescinded the award and returned the matter for a new decision to consider the recent *Fitzpatrick* decision regarding permanent total disability findings under Labor Code section 4662(b).

Workers' Compensation Appeals BoardReconsiderationIndustrial InjuriesPermanent DisabilityApportionmentCausationCannot Parcel OutBenson ExceptionLabor Code Section 4663Labor Code Section 4664
References
Case No. ADJ739610 (SAC 0333601)
Regular
Jun 19, 2009

MAXIMILIANO RAMIREZ vs. MB BUILDING CONTRACTORS, STATE COMPENSATION INSURANCE FUND INSURED RIVERSIDE

Applicant sought reconsideration to be relieved of a stipulation regarding the start date for permanent disability indemnity increases, arguing a subsequent panel decision justified it. The Board denied applicant's petition, holding that a change in legal interpretation post-stipulation does not constitute good cause to set aside negotiated agreements. The Board granted defendant's petition to correct a clerical error in the attorney's fee amount, amending it from $113,451.03 to $111,029.13. The original Findings and Award were otherwise affirmed.

Workers Compensation Appeals BoardPetition for ReconsiderationFindings and AwardStipulationGood CausePermanent DisabilityAttorney's FeeClerical ErrorLabor CodeWCJ
References
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