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

Case No. ADJ17547374
Regular
Oct 16, 2025

WARREN P. HARVEY vs. SOCAL MACHINE, INC., TRUCK INSURANCE EXCHANGE, FARMERS INSURANCE

The Workers' Compensation Appeals Board considered applicant Warren P. Harvey's petition for reconsideration regarding the equitable hourly reimbursement rates for in-home health care provided by his spouse, asserting errors in the WCJ's rate calculation and attorneys' fees. After an unsuccessful settlement conference, the parties filed Stipulations With Request for Award, agreeing to permanent total disability and further medical treatment for the applicant, though these stipulations did not resolve the reconsideration issues. The Board approved these stipulations, finding them adequate and in the applicant's best interest, and issued an award based upon them, which included specific disability indemnity, medical treatment, and attorney's fees. The Board also commended the parties for resolving some important issues and urged them to continue efforts on the remaining disputes.

Equitable hourly reimbursement ratesIn-home health careCaregiver dutiesNursing dutiesCommunity HHC providerPetition for reconsiderationStipulations With Request for AwardPermanent total disabilityTemporary disability indemnityAttorneys' fee
References
0
Case No. MISSING
Regular Panel Decision
Aug 10, 2004

Claim of Mickens v. New York City Transit Authority

The claimant suffered a work-related injury in 1993 and subsequently filed a claim for workers' compensation benefits. A stipulation agreement between the claimant and employer, which adjusted weekly awards and set future payments, was approved by a Workers’ Compensation Law Judge. The claimant appealed this decision to the Workers’ Compensation Board, asserting the stipulation's invalidity, inadequate legal representation, and excessive counsel fees. The Board upheld the WCLJ's decision and denied the claimant's request for reconsideration. The appellate court affirmed the Board's decisions, finding the stipulation binding and the counsel fee award within the Board's discretion, and no abuse of discretion in denying reconsideration.

Stipulation AgreementCounsel FeesBoard ReviewAppellate ReviewPsychological ImpairmentsWork-related InjuryDecision AffirmedDiscretionary PowersLegal RepresentationBenefit Adjustment
References
6
Case No. MISSING
Regular Panel Decision
Mar 06, 2014

In Re the Arbitration Between Delaney Group, Inc. & Holmgren Enterprises, Inc.

This case involves cross-appeals from a Supreme Court order concerning an arbitration dispute between a prime contractor (Petitioner) and a subcontractor (Respondent) on a public work project. Respondent initially sought additional payment via arbitration, leading to an award that included credits for Petitioner. After a request for clarification, the arbitrator issued a modified award removing these credits. Petitioner then sought to vacate both the original and modified awards, while Respondent sought to confirm the modified award. The Supreme Court vacated both arbitration awards and remanded the case for a rehearing, finding that the arbitrator exceeded authority in modifying the award and imperfectly executed powers in the original award by failing to address a key stipulation. The appellate court affirmed the Supreme Court's order, upholding the vacatur and remand of both arbitration awards.

ArbitrationContract DisputePublic Work ProjectSubcontractorPrime ContractorCross AppealsVacatur of AwardRemandArbitrator AuthorityCPLR 7511
References
7
Case No. AHM 96265
Regular
Jul 21, 2008

PHIL ULLOA vs. COUNTY OF LOS ANGELES FIRE DEPARTMENT, INTERCARE INSURANCE SERVICES

The defendant sought reconsideration of a Stipulated Findings and Award, arguing for credit of overpaid indemnity benefits. The Workers' Compensation Appeals Board dismissed the petition, finding the defendant was not aggrieved as the award already included provisions for asserting credit for permanent disability advances and TTD overpayments. The Board adopted the WCJ's report, which concluded the existing stipulations and award authorized the claimed credit.

Petition for ReconsiderationStipulated Findings and AwardPermanent DisabilityTemporary Total Disability OverpaymentCredit for AdvancesWCJ ReportAggrieved PartyWorkers' Compensation Appeals BoardIndustrial InjurySupervisor Fire Dispatcher
References
0
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Rotating Components, Inc. & District 4, International Union of Electrical Workers, AFL-CIO

Petitioner moved to confirm an arbitration award, while Respondent cross-moved to vacate it, alleging imperfect execution and lack of a mutual, final, and definite award. The dispute arose from a collective bargaining agreement from December 1959, and a supplementary agreement from January 1960, which stipulated the assignment of the main agreement to a local union within 18 months, with arbitration if the assignment failed. The arbitrator issued an interim award on September 21, 1961, instructing the union to assign the agreement within 30 days. Upon the union's failure, the arbitrator, on October 29, 1961, assigned the agreement to a new local union to be formed for the employees of Rotating Components, Inc. The court found the arbitrator's award to be within his express powers and rejected the objection regarding the finality and definiteness of the award. Consequently, the court granted the petitioner's motion to confirm the award and denied the respondent's cross-motion to vacate it.

Arbitration AwardCollective BargainingUnion AssignmentContract DisputeMotion to ConfirmMotion to VacateLabor DisputeJudicial ReviewInterim AwardFinality of Award
References
2
Case No. ADJ9619915
Regular
Dec 10, 2018

ANGELICA PRECIADO vs. BAKERSFIELD CITY SCHOOL DISTRICT

The defendant sought reconsideration of an award of temporary disability benefits, arguing the applicant had received the maximum 104 weeks allowed. The Board affirmed the award, finding the defendant was bound by a prior stipulation that less than 104 weeks had been paid. Defendant's failure to adequately investigate its payment records prior to stipulating meant they could not later challenge the award based on a "lack of full knowledge." The Board also amended a finding to accurately reflect the payment dates of temporary disability.

Workers' Compensation Appeals BoardReconsiderationFindings Orders and AwardNutritional Assistant IIITemporary Disability IndemnityLabor Code section 4656(c)(2)StipulationsSubdifferential CompensationDue DiligenceWCJ
References
0
Case No. ADJ1 149112 (VNO 0348507) ADJ3447806 (VNO 0382613)
Regular
Oct 23, 2015

Debra Fraley vs. Santa Clarita Health Care Association, CIGA by its servicing facility, Broadspire, for Superior Pacific Casualty Company in liquidation

This case involves a lien claimant's petition for reconsideration of a prior denial of their petition. The lien claimant argued the Appeals Board erred in finding they misrepresented the contents of a Stipulations with Request for Award because the defendant failed to serve the Lien Affidavit with the Amended Award. The Appeals Board denied reconsideration, finding the lien claimant was in possession of both the Stipulations and the Lien Affidavit prior to the Amended Award. Even if service was deficient, the lien claimant had other recourse and failed to articulate sufficient legal or factual grounds for reconsideration.

Workers' Compensation Appeals BoardReconsiderationLien ClaimantPetition for ReconsiderationAmended AwardStipulations with Request for AwardLien AffidavitAttorneys' FeesMisrepresentationService of Documents
References
4
Case No. ADJ10954606
Regular
Mar 09, 2020

DORIT DAVIDOFF vs. UCLA MEDICAL CENTER, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board granted reconsideration to clarify findings of fact regarding industrial injury AOE/COE. The Board rescinded the previous decision and substituted a new Findings and Award to specifically address the stipulated injury to the lumbar spine, ensuring the award of permanent disability benefits was properly supported. The Board clarified that stipulations agreed upon by the parties should be treated as findings of fact to meet statutory requirements. The decision confirms permanent disability for the left ankle, thoracic spine, and lumbar spine, denies claims for neck and knee injuries, and orders further medical treatment and attorney fees.

Petition for ReconsiderationFindings and AwardIndustrial InjuryLumbar SpineThoracic SpineLeft AnkleAOE/COEStipulationJurisdictional FactsFindings of Fact
References
1
Case No. ADJ581749 (VNO 0529719)
Regular
Jul 02, 2012

ARLENE HITE vs. TEPCO (STANDARD ABRASIVES, INC.), EVEREST NATIONAL INSURANCE COMPANY, CLARENDON NATIONAL INSURANCE COMPANY

This case concerns Clarendon National Insurance Company's petition for reconsideration of an arbitrator's contribution award. Clarendon argued it should not be liable for contribution because it was joined as a defendant over a year after the underlying cumulative trauma claim was settled. The Board denied reconsideration, finding that Clarendon received timely actual notice of Everest's contribution claim within one year of the settlement approval. Therefore, despite the delay in formal joinder, Clarendon cannot show prejudice and is liable for its share of the contribution award.

Workers' Compensation Appeals BoardPetition for ContributionLabor Code section 5500.5Cumulative traumaCompromise and releaseOrder of JoinderNunc pro tuncActual noticeTimely noticePrejudice
References
0
Case No. ADJ10805554
Regular
Sep 12, 2025

CARMEN FRANKLIN vs. LAW OFFICE OF LINDA FULLERTON, STATE FARM FIRE AND CASUALTY COMPANY

Defendant sought reconsideration of a Findings, Award, and Order (F,A&O) issued by a WCJ on June 26, 2025, which set aside an earlier August 16, 2024 Award approving stipulations and found applicant owed permanent disability benefits. Defendant contended the stipulations were not based on mutual mistake and challenged a Notice of Intent (NIT) to issue sanctions. The Appeals Board, having timely acted on the petition, determined that the F,A&O was a final order subject to reconsideration but applied the removal standard because defendant was challenging only an interlocutory finding. Finding no significant prejudice or irreparable harm and that reconsideration would be an adequate remedy, the Appeals Board denied the petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings Award and OrderStipulationsMutual Mistake of FactPermanent Disability BenefitsNotice of IntentSanctionsLabor Code Section 5909Electronic Adjudication Management System
References
8
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