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

Case No. ADJ7761748
Regular
Nov 18, 2019

JOSE VARGAS vs. WEST COAST LIQUIDATORS, INC., dba BIG LOTS STORES, ARCH INSURANCE, Administered by SEDGWICK CMS

The Appeals Board granted reconsideration to address the recoverability of vocational expert costs and affirmed the applicant's 50% permanent disability rating. It held that the costs of vocational expert Robert Stoneburner's reports are recoverable, even if his opinions weren't found to be substantial evidence, as long as the expert was qualified and the costs were reasonable and necessary. The WCJ's credibility determination regarding the applicant was given significant weight, and the court found no basis to reject it. The case was remanded to determine the precise amount of recoverable expert costs.

Vocational expertPetition for ReconsiderationFindings and AwardPermanent disabilityReimbursementLabor Code section 5811Appeals BoardWCJSubstantial evidenceExpert witness
References
4
Case No. ADJ4280526 (OXN 0148727)
Regular
Dec 09, 2013

CLARA ARBIZU vs. WESTAC, INC., WAUSAU INSURANCE COMPANY

This case concerns an applicant's request for the defendant to prepay the cost of a vocational expert. The Appeals Board affirmed the original decision that defendants are not obligated to prepay these expenses. However, the Board clarified that vocational expert costs are considered medical-legal expenses under Labor Code section 4620 et seq., and defendants are liable for reasonable and necessary expenses incurred for proving or disproving a contested claim. The parties are ordered to proceed with a vocational expert evaluation, with the defendant ultimately responsible for the costs.

ArbizuVocational expertPrepaymentMedical-legal expenseLabor Code Section 4620Labor Code Section 4621Labor Code Section 5811Labor Code Section 5708Ogilvie analysisWhole Person Impairment
References
5
Case No. ADJ6692520
Regular
Jul 20, 2010

CRYSTAL VOS vs. STEVEN CHANG, DDS, ZENITH INSURANCE COMPANY

This case affirms a WCJ's decision finding the applicant sustained a 12% permanent disability. The applicant sought reconsideration, arguing the WCJ erred by limiting rebuttal evidence to "wage loss" rather than "loss of long-term earning capacity" and denying costs for a vocational expert. The Appeals Board, relying on precedent from *Ogilvie v. City and County of San Francisco*, held that the vocational expert's opinion was not substantial evidence to rebut the permanent disability rating. Therefore, the WCJ's denial of the vocational expert's costs was also affirmed.

Workers' Compensation Appeals BoardSupplemental Findings and Awardindustrial injurypermanent disabilityvocational expertwage lossloss of long-term earning capacitydiminished future earning capacity (DFEC)2005 Permanent Disability Rating ScheduleOgilvie v. City and County of San Francisco
References
4
Case No. ADJ8731516
Regular
Oct 17, 2018

JOSE NIEVES vs. CITY OF HAYWARD

This case involves Jose Nieves' claim for workers' compensation benefits following an industrial injury. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to review a prior decision awarding 47% permanent disability and specific vocational expert costs. Applicant argued for total permanent disability and higher expert fees, while the defendant claimed apportionment for pre-existing conditions. The WCAB affirmed the prior decision regarding permanent disability but rescinded the vocational expert fee, remanding for a new determination of reasonable costs. A dissenting opinion argued the WCJ misunderstood vocational and medical evidence regarding the applicant's limitations and earning capacity.

Workers' Compensation Appeals BoardReconsiderationIndustrial InjuryCumulative PeriodVocational ExpertPermanent DisabilityApportionmentLabor Code Section 4664Agreed Medical EvaluatorWhole Person Impairment
References
15
Case No. RDG 0095368; RDG 0095369; RDG 0095573; RDG 0126270
Regular
Sep 25, 2007

HENRY PHILLIPE vs. GOTTSCHALKS, LIBERTY MUTUAL INSURANCE

The Appeals Board granted reconsideration to allow reimbursement for the applicant's vocational expert fees, reversing the WCJ's decision. The Board found it reasonable for the applicant to hire his own vocational expert to rebut the defendant's expert, especially given the passage of time since the original vocational feasibility report. Consequently, the defendant was ordered to reimburse the applicant's attorney for the $1,075.00 vocational expert cost.

Workers' Compensation Appeals BoardReconsiderationExpert Witness FeesVocational ExpertLabor Code Section 5811Qualified Rehabilitation Representative (QRR)LeBoeuf argumentAgreed Medical Examination (AME)Permanent DisabilityIndustrial Injury
References
3
Case No. ADJ9510116
Regular
Apr 06, 2016

SUNRISE TERRACE MOBILEHOME OWNERS ASSOCIATION vs. ICW Group/Explorer Insurance Company, Williamsburg National Insurance, Tower Select Insurance

Explorer Insurance Company sought reconsideration of a WCJ's decision awarding vocational expert costs. The parties had previously settled underlying claims for $30,000, with the C&R leaving the decision on vocational expert costs to the WCJ. Explorer argued the WCJ erred in awarding uncertain costs, failing to list all case numbers, and not awarding costs against all defendants. The Appeals Board granted reconsideration, rescinded the WCJ's decision, and returned the matter to the trial level due to the unclear identification of liable carriers across the multiple case numbers and differing insurance coverage stipulations. The WCJ will need to conduct further proceedings to definitively identify liable parties and address a stipulation resolving contribution.

Vocational expert costsOrder Approving Compromise and ReleasePetition for ReconsiderationReport and RecommendationJoint and several liabilityThird-party administratorSubstantial evidenceStipulationCumulative injuryContribution
References
1
Case No. ADJ7682218
Regular
Aug 05, 2015

RICHARD ROSSI vs. BINKS MANUFACTURING COMPANY, TIG INSURANCE COMPANY, ZENITH [RIVER STONE GROUP], HARTFORD INSURANCE, ACE INSURANCE COMPANY, COMMERCE AND INDUSTRY INSURANCE, AIG DOMESTIC CLAIMS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, INTERCARE INSURANCE SERVICES, AMERICAN MOTORISTS INSURANCE COMPANY, AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY, LUMBERMEN'S MUTUAL CASUALTY, ILLINOIS TOOL WORKS, FINISHING BRANDS, ZURICH AMERICAN INSURANCE COMPANY, BROADSPIRE

The Appeals Board granted reconsideration to address applicant's contentions regarding the admissibility of vocational expert reports and his disability level. The Board reversed the exclusion of applicant's vocational expert reports, finding they should have been admitted into evidence despite CIGA's claims of insufficient notice. Issues regarding applicant's permanent disability exceeding 79%, entitlement to additional attorney's fees, and CIGA's liability for the vocational expert's costs were deferred. The case was returned to the trial level for further proceedings and decisions on these deferred issues.

CIGAvocational expertpermanent disabilityindustrial injurycancerlatency perioddue processsubstantial evidenceadmissibilityreconsideration
References
10
Case No. ADJ4484509
Regular
Feb 28, 2011

GANCZO CHRISTOV vs. AUCTION AUTO PREP CORPORATION, ZENITH INSURANCE

The Workers' Compensation Appeals Board granted reconsideration to the lien claimant, Vasquez Vocational Experts, Inc., challenging the disallowance of their $2,480.00 lien for vocational expert services. The WCAB found that the original judge erred in determining there was no legal basis for reimbursement, as vocational expert costs are allowable under Labor Code section 5811. The Board held that the services were reasonably and necessarily incurred by the applicant to evaluate diminished future earning capacity, irrespective of whether a formal rating had been issued. The case was returned to the trial level for further proceedings and a new decision.

Workers' Compensation Appeals BoardVocational ExpertLien ClaimReconsiderationFindings and OrderCompromise and ReleasePermanent Disability RatingDiminished Earning CapacityLabor CodeCompensable Services
References
4
Case No. ADJ11184599, ADJ11184523
Regular
Feb 24, 2020

Gregory White vs. Sky 2 Collision Corporation, Illinois Midwest Insurance Company, Inc., National Casualty Company

The Workers' Compensation Appeals Board denied Gregory White's petition for reconsideration of a $47\%$ permanent disability award. White argued he was permanently totally disabled due to vocational limitations, but the Board found substantial evidence supported his ability to benefit from vocational rehabilitation. The Board affirmed the Administrative Law Judge's finding that White was not permanently totally disabled and that his vocational expert's report was less persuasive than the defense vocational expert's. Issues regarding vocational costs were deferred pending a separate petition.

Cumulative traumaSpecific injuryLow back injuryLumbar spineBacterial infectionStreptoccocusLaminectomyPermanent disabilityVocational rehabilitationQualified injured worker
References
4
Case No. ADJ1909369 (LAO 0760509)
Regular
Mar 24, 2010

SANTOS MORALES vs. ASSOCIATED ROOFERS, INC., CENTRE INSURANCE COMPANY, RISK ENTERPRISE 600 BREA

The Workers' Compensation Appeals Board granted reconsideration of a prior award concerning applicant Santos Morales' industrial injuries. The Board found the applicant's petition timely and that the Workers' Compensation Judge (WCJ) miscalculated the life pension. The case is returned to the trial level for further proceedings and a new decision, as the WCJ must revisit permanent disability, apportionment, and the costs of the vocational rehabilitation expert in light of controlling legal precedent. The WCJ should re-evaluate the vocational rehabilitation expert's costs based on the Appeals Board's en banc decisions in *Costa I* and *II*.

Workers' Compensation Appeals BoardIndustrial InjuryPsycheCervical SpineShoulder InjuryPermanent Partial DisabilityDisability IndemnityLife PensionVocational Rehabilitation ExpertReconsideration
References
5
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