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Case Law Database

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

Case No. ADJ3255403 (SDO 0310451) ADJ1056369 (SDO 0343450)
Regular
Feb 04, 2010

PERNELL PRYTHERCH vs. SEA WORLD, INC., PACIFIC EMPLOYERS INSURANCE, ACE PROPERTY AND CASUALTY INSURANCE COMPANY

This case involves an applicant who sustained two industrial injuries in 1992 and 1994, resulting in back, psyche, elbow, and upper extremity impairments. The original award found $25\%$ and $75\%$ permanent disability, respectively, with a May 18, 2006 permanent and stationary date. The defendant sought reconsideration, primarily contesting the attorney's fee calculation and the permanent and stationary date. The Appeals Board granted reconsideration to clarify the attorney's fee, ordering it to be commuted from the end of the permanent disability award in each case. The rest of the original award, including the permanent and stationary date, was affirmed.

Workers' Compensation Appeals BoardPernell PrytherchSea World Inc.Pacific Employers InsuranceACE Property and Casualty Insurance Companypermanent disabilityindustrial injurypsycheleft elbowupper extremities
References
0
Case No. SAL 097348
Regular
Jun 16, 2008

SHERRI BUSA vs. WILLIAM G. ANDERSON, D.D.S., ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and rescinded a previous award because the judge improperly relied on a medical expert's report that exceeded the scope of his retention. The expert was retained solely to assess the need for surgery, not to determine permanent disability or a permanent and stationary date. The case is remanded for further development of the record regarding permanent disability and the permanent and stationary date.

Workers' Compensation Appeals BoardReconsiderationPermanent DisabilityPermanent and Stationary DateAgreed Medical EvaluatorQualified Medical EvaluatorSurgical ConsultMedical-Legal ProcedureFurther Medical TreatmentIndustrial Injury
References
4
Case No. ADJ124002
Regular
Apr 21, 2011

RAMON RUIZ vs. DOLE FRESH VEGETABLES, SPECIALTY RISK SERVICES

The Appeals Board granted reconsideration and modified a prior award regarding temporary disability overpayments. Defendant sought credit for temporary disability paid during the applicant's off-season and after the permanent and stationary date. The Board denied credit for off-season payments, finding them inequitable. However, credit was allowed for temporary disability paid after the permanent and stationary date, recognizing these payments as advances against permanent disability.

ADJ124002Findings Order AwardPermanent DisabilityTemporary DisabilityCredit for OverpaymentOff-Season EmploymentPermanent and Stationary DateLabor Code 4909Equitable PrinciplesDouble Recovery
References
1
Case No. ADJ3566182 (SAL 0077480) ADJ2182459 (SAL 0064054) ADJ3789006 (SAL 0067540) ADJ3867926 (SAL 0067541) ADJ1537096 (SAL 0069548) ADJ3077033 (SAL 0090420) ADJ1445385 (SAL 0100034)
Regular
Nov 07, 2008

JOSE PADILLA vs. CAMPBELL'S FRESH, Permissibly SelfInsured and Adjusted By CONSTITUTION STATE SERVICE COMPANY; LIBERTY MUTUAL INSURANCE COMPANY; TRAVELERS INSURANCE COMPANY; ZURICH AMERICAN INSURANCE COMPANY

The Appeals Board granted reconsideration of the WCJ's decision, rescinding it due to an unresolved issue regarding permanent and stationary dates for the applicant's injuries. The WCJ's reliance on the *Benson* decision for separate permanent disability awards was questioned given that *Benson* was under appellate review. The case is returned to the WCJ to clarify whether the permanent and stationary dates for the various injuries are the same, and to await the appellate decision in *Benson* if they are.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings Award and OrdersPermanent DisabilityReconsiderationCumulative TraumaAgreed Medical EvaluatorApportionmentBenson v. The Permanente Medical GroupWilkinson v. Workers' Comp. Appeals Bd.
References
10
Case No. ADJ6803131
Regular
May 17, 2010

RANDY TEMPLE vs. RUDOLPH AND SLETTEN AND NUFICO OF PITTSBURGH, PA., CHARTIS SAN RAMON

The Appeals Board granted reconsideration and reversed the WCJ's finding that the applicant was permanent and stationary on June 1, 2009. The Board found the Agreed Medical Evaluator's (AME) opinion more persuasive, concluding the applicant was not yet permanent and stationary due to ongoing recovery from knee surgery. Consequently, temporary disability benefits are awarded through October 26, 2009, with further proceedings to determine benefits thereafter.

Workers Compensation Appeals BoardAgreed Medical EvaluatorPermanent and StationaryTemporary DisabilityIndustrial InjuryLeft KneeMedical OpinionReconsiderationFindings of FactOrthopaedic Surgeon
References
1
Case No. ADJ1498865 (WCK 0071162) ADJ3989369 (WCK 0071163) ADJ2618113 (WCK 0071164)
Regular
Jul 09, 2010

MICHELLE LIVENGOOD vs. MT. DIABLO STATE PARK (CALIFORNIA DEPARTMENT OF PARKS AND RECREATION) and AIG

This case concerns Michelle Livengood's multiple industrial injuries. The Court of Appeal found contradictory findings regarding her permanent and stationary status, remanding the case for clarification. The Appeals Board has now granted reconsideration, affirmed the original findings but deferred the issue of temporary disability. The matter is returned to the trial level for further proceedings to clarify if the neurological consultation was diagnostic, which would necessitate a finding of not permanent and stationary.

Workers' Compensation Appeals BoardRemittiturPermanent and StationaryTemporary DisabilityNeurological ConsultationDiscogramQualified Medical EvaluatorPetition for ReconsiderationWrit of ReviewSubstantial Evidence
References
3
Case No. ADJ6814430; ADJ6816290
Regular
Jun 13, 2013

JOSEFINA GARCIA vs. LIZ CLAIBORNE, BROADSPIRE

The Appeals Board granted the defendant's Petition for Removal to rescind the WCJ's order taking the case off calendar. Despite the applicant's claims, medical evaluators, including an AME and QMEs, have deemed her condition permanent and stationary. The Board found no reason to delay disposition, stating that any disagreement on the permanent and stationary date can be addressed at trial. The case is returned to the trial level for further proceedings, including a new MSC and potential trial if settlement is not reached.

Petition for RemovalWorkers' Compensation Appeals BoardAgreed Medical EvaluatorQualified Medical EvaluatorPermanent and StationaryDeclaration of Readiness to ProceedMotion for ContinuanceDiscoveryTrial Setting ConferenceIndustrial Injury
References
1
Case No. ADJ1624472 (MON 0346823)
Regular
Jan 30, 2015

DANIEL QUARANTO vs. SANTA BARBARA HARLEY DAVIDSON, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and amended the award, deferring the determination of the applicant's permanent and stationary date. The original award of permanent disability and attorney's fees was based on an incorrect date, and the applicant did not have proper notice that this issue would be decided. The Board is returning the case to the trial level to gather medical evidence and properly determine the permanent and stationary date, which will then allow for recalculation of the permanent disability award and attorney's fees.

Permanent and stationary datePetition for ReconsiderationFindings of Fact and Awardattorney's feecommutationLabor Code section 4659(c)DEU commutationAgreed Medical Examinermedical evidenceadverse interest
References
1
Case No. ADJ4328990
Regular
Sep 21, 2010

JUAN MANUEL VARGAS vs. LINROZ MANUFACTURING, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, BROADSPIRE, SUPERIOR NATIONAL INSURANCE COMPANY

The Appeals Board granted reconsideration to address errors in the original award. The primary issue was the applicant's permanent and stationary date, which the trial judge incorrectly determined based on payment advances rather than the agreed medical evaluator's findings. The Board rescinded the award and returned the case for further proceedings to properly determine the permanent and stationary date and subsequent permanent disability benefits. Outstanding issues regarding other alleged injuries will also be addressed on remand.

Workers' Compensation Appeals BoardLinroz ManufacturingCalifornia Insurance Guarantee AssociationBroadspireSuperior National Insurance CompanyliquidationJuan Manuel Vargaspermanent disabilityvocational rehabilitationagreed medical evaluator
References
5
Case No. POM 0278734
Regular
May 01, 2008

PATRICIA MENDOZA vs. DEPARTMENT OF CORRECTIONS/CALIFORNIA INSTITUTE FOR MEN, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration, rescinded the prior Findings and Award, and remanded the case for further proceedings. This decision addresses conflicting information regarding temporary and permanent disability payments and the permanent and stationary date, and dismisses the lien claimant's petition as premature. The matter will be returned to the WCJ to clarify payment periods, address lien issues, and issue a new decision based on a February 23, 2005 permanent and stationary date.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardPermanent DisabilityApportionmentLien ClaimantDue ProcessCredit for OverpaymentTemporary Disability IndemnityPermanent and Stationary Date
References
0
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