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

Case No. ADJ113545 (OAK 0241908)
Regular
Aug 25, 2014

KEVIN BRACKEN vs. TEAM COMMERCIAL CONSTRUCTION, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, for CAL COMP, In Liquidation, Adjusted By SEDGWICK CMS

In *Bracken v. Team Commercial Construction*, the applicant sought reconsideration of a Finding of Fact that barred his psychiatric injury claim under Labor Code section 3208.3(d). The applicant argued that his employment duration exceeded the required six months for a compensable consequence psychiatric injury. However, stipulated facts revealed the applicant worked for the employer for less than the six-month period stipulated by the statute. The Appeals Board affirmed the WCJ's decision, finding the psychiatric claim barred.

Labor Code section 3208.3(d)psychiatric injurycompensable consequence injurysix-month employment requirementpetition for reconsiderationFinding of FactReport and Recommendationstipulationsjackhammer operatorspecific injury
References
0
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 The Board rescinded the previous decision and substituted a new Findings and Award to specifically address the stipulated injury to the lumbar spine, ensuring the award of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. ADJ3122863
Regular
Nov 14, 2008

LARRY LUCKETT vs. BSK & ASSOCIATES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

The Workers' Compensation Appeals Board denied a petition for reconsideration, upholding an award based on the parties' stipulations. The defendant sought to amend the stipulated date of injury, arguing it fell outside the insolvent carrier's coverage period, but the Board found no good cause to set aside the stipulation. The Board emphasized that stipulations are binding unless there is a mistake of fact, and the defendant's argument was deemed to stem from a lack of diligence rather than an actual error.

Workers' Compensation Appeals BoardPetition for ReconsiderationStipulations With Request for AwardDate of InjuryFremont Compensation Insurance CompanyIn LiquidationValley FeverAgreed Medical ExaminerPermanent DisabilityTemporary Disability
References
4
Case No. MISSING
Regular Panel Decision

Kowalski v. Fisher 40th & 3rd Co.

The case involves an appeal by UNESCO, Inc., a third-party defendant, against an order and judgment from the Supreme Court, Kings County. The lower court granted the plaintiff's motion to estop UNESCO from denying a stipulation to add its Workers' Compensation Law lien to a jury's damage award, and entered judgment against UNESCO. The appellate court dismissed the appeal from the order but reversed the judgment, vacated the order, and denied the plaintiff's motion. The appellate court found no evidence of a written or open-court stipulation and no reliance by the plaintiff on the alleged stipulation, thus concluding that the Supreme Court erred in applying estoppel. The matter was remitted for further proceedings.

Personal InjuryWorkers' CompensationStipulationEstoppelAppealJudgment ReversalCPLRAppellate ProcedureThird-Party ActionLien
References
6
Case No. ADJ7412016
Regular
May 10, 2011

DORIS CORTES vs. BANK OF THE WEST, ESIS

This case involves an applicant who sustained bilateral wrist and elbow injuries but experienced no lost time from work. The applicant stipulated to zero permanent disability, though the WCJ ordered an Almaraz/Guzman assessment, which the defendant sought to rescind. The Appeals Board granted the petition for removal, rescinded the WCJ's order, and will approve the stipulations unless the applicant objects within twenty days. The Board found the stipulations adequate based on the record and the applicant's continued employment.

WCABPetition for RemovalAlmaraz/Guzman assessmentStipulations with Request for Awardpermanent disability ratingobjective findings of impairmentqualified medical evaluator (QME)American Medical Association Guidesmandatory settlement conference (MSC)rescinded order
References
2
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. ADJ7274616
Regular
Jul 20, 2012

ARNULFO CERVANTES vs. PLEASANT VALLEY STATE PRISON, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration of a decision finding that an applicant's stroke arose out of and occurred in the course of his employment. The denial was based on a stipulation between the parties that the applicant's job was stressful. This stipulation established "stressful employment" as fact, binding on the parties. The Workers' Compensation Judge correctly utilized this stipulation along with medical evidence to reach the original finding.

WCABReconsiderationStipulationStressful EmploymentPQME EvidenceStrokeArising Out OfCourse Of EmploymentMinutes of HearingSummary of Evidence
References
1
Case No. ADJ8911967
Regular
Oct 02, 2014

URSULA KRAMER vs. MACY'S WEST, Permissibly Self-Insured, Administered By MACY'S CORPORATE SERVICES

This case concerns Macy's petition for reconsideration of a workers' compensation award based on a stipulation. Macy's claims mutual mistake of fact and clerical error regarding permanent disability indemnity and attorney fees. The Board denies the petition, finding no mutual mistake and that Macy's error stemmed from a lack of diligence in drafting the stipulation. The Board emphasizes that stipulations are binding unless good cause is shown, which Macy's failed to demonstrate.

Workers' Compensation Appeals BoardPetition for ReconsiderationStipulationsAwardMutual Mistake of FactClerical ErrorLabor Code §4658(d)Permanent DisabilityAttorney's FeeGood Cause
References
1
Case No. ADJ1745994 (LAO 0863856)
Regular
Jul 29, 2015

VLADIMIR KIRAKOSYAN vs. QUALITY SECURITY SERVICE, INC., STATE COMPENSATION INSURANCE FUND

The defendant sought reconsideration of a procedural order memorializing stipulations that took an expedited hearing off calendar. The stipulations involved authorizing medical consultations, with the defendant claiming the applicant's counsel omitted a material fact. The Appeals Board dismissed the petition for reconsideration as it was not filed from a final order. Furthermore, the petition for removal was denied, as the defendant failed to demonstrate significant prejudice or irreparable harm, and a unilateral mistake is not sufficient grounds to set aside stipulations.

Petition for ReconsiderationPetition for RemovalMinutes of HearingStipulationsDeclaration of Readiness to ProceedNon-final orderFinal orderSubstantive rightsLiabilitiesThreshold issue
References
11
Case No. ADJ7904112
Regular
Nov 07, 2014

RUTH MANZANARES vs. COUNTY OF LOS ANGELES

Defendant sought reconsideration of a workers' compensation award based on an alleged mutual mistake of fact in the underlying stipulation regarding the duration of temporary disability benefits. The stipulation incorrectly listed the end date of benefits as prior to the start date. The Board found this to be a clerical error, not sufficient cause to set aside the award. The Board recommended that the parties resolve the issue by correcting the clerical error directly with the WCJ or by submitting an amended stipulation.

Petition for ReconsiderationStipulation with Request for AwardMutual Mistake of FactClerical ErrorTemporary Disability IndemnitySet Aside AwardWCJ Report and RecommendationBalance SheetCorrective ActionInformal Resolution
References
2
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