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

Case No. VNO 178912 LAO 571596
Regular
Oct 04, 2007

MARCUS CAZARES vs. NORMAN BELL ENTERPRISES, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petitions for reconsideration, writ of mandate, and removal. The WCAB found that the order denying an expedited hearing was interlocutory and not subject to reconsideration, and that the WCAB lacks jurisdiction to issue writs of mandate. Furthermore, the applicant failed to demonstrate substantial prejudice or irreparable harm to warrant removal.

WCABOpinion and OrdersDismissing PetitionPetition for ReconsiderationPetition for Writ of MandatePetition for RemovalExpedited Hearing5402 PresumptionLabor Code Section 5402Interlocutory Procedural Order
References
2
Case No. ADJ7578426
Regular
Mar 04, 2016

MICHAEL FIGUEROA vs. STAFFING SYSTEMS, ACE COMPLETE PROGRAMS

This case involves a lien claimant's petition for reconsideration of an award of attorney fees. The Appeals Board granted reconsideration, rescinding the original award of $14,013.47. They found that attorney fees for the lien claimant's initial reconsideration were not recoverable as no sanctions were requested or ordered. Additionally, fees related to a petition for writ of review were denied because the Court of Appeal summarily denied the writ without awarding fees. The Board affirmed an award of $1,673.00, representing attorney fees stipulated by the parties for the underlying trial.

Petition for ReconsiderationAttorney FeesLabor Code Section 5801Labor Code Section 5813Petition for Writ of ReviewSanctionsLien ClaimantWCABWCJJointly and Severally
References
1
Case No. ADJ4323884 (VNO 0539846) ADJ3206055 (VNO 0539850)
Regular
May 28, 2013

ROSE WALTON vs. STATE OF CALIFORNIA; DEPARTMENT OF CORRECTIONS AND REHABILITATION/CA STATE PRISONS/LOS ANGELES COUNTY, Legally Uninsured, Adjusted by STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES

The Workers' Compensation Appeals Board denied reconsideration for case ADJ4323884, upholding a prior WCJ decision that replaced an earlier award vacated due to a writ of review. For case ADJ3206055, the Board granted reconsideration and reinstated a June 12, 2012, Findings and Award. This reinstated award found the applicant sustained a specific injury on November 9, 1998, resulting in 2% permanent disability. The Board treated the later vacating order in ADJ3206055 as relating back to an earlier order in ADJ4323884.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardVacating OrderReinstatementPermanent DisabilitySpecific InjuryLegally UninsuredState Compensation Insurance FundAdministrative Law Judge
References
2
Case No. ADJ1854397 (STK 0202759)
Regular
Feb 08, 2010

ELIZABETH BERETA vs. BARRETT BUSINESS SERVICES

This case involves a dispute over supplemental attorney's fees for responding to the defendant's unsuccessful writ of review. Initially, the Appeals Board awarded $2,500, unaware of a prior stipulation. The applicant's attorney sought reconsideration, highlighting a stipulation for $4,987.50 approved by a WCJ. The Board granted reconsideration, rescinded its prior award and the WCJ's order, and adopted the parties' stipulation, awarding $4,987.50 in attorney's fees.

Petition for ReconsiderationSupplemental Attorney's FeesLabor Code §5801Petition for writ of reviewStipulationWCJ OrderDecision After ReconsiderationRescinded OrderAppellate CourtApplicant's Counsel
References
3
Case No. ADJ7781989; ADJ8262771
Regular
Oct 03, 2013

MIRIAN GARCIA vs. COOPER COLD FOODS, INC., ILLINOIS MIDWEST INSURANCE AGENCY as administrator for STAR INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) is granting reconsideration of its own prior decision and rescinding a July 23, 2013 decision that had overturned a prior finding of 2% permanent disability for applicant's right knee injury. The WCAB determined that its August 9, 2012 order granting reconsideration was improvidently granted because the applicant had already filed a successive and improper petition for reconsideration. Consequently, the prior order and the subsequent rescinded decision are vacated, and the applicant's petition for reconsideration is dismissed.

WCABReconsiderationPetition for ReconsiderationFindings and AwardAdministrative Law JudgePermanent DisabilityIndustrial InjurySuccessive PetitionImprovidently GrantedVacated
References
4
Case No. ADJ2103088
Regular
Nov 13, 2012

DONNA FUNCHEON vs. SAN LEANDRO HOSPITAL, CNA CLAIMS PLUS, AMERICAN CASUALTY, ZURICH AMERICAN INSURANCE CO.

This case involves Zurich American Insurance petitioning for reconsideration of an order awarding applicant's counsel $181,883.97 in attorney fees based on a finding of permanent total disability. Zurich argued that their subsequent petition for a writ of review stayed the attorney fee order. The Workers' Compensation Appeals Board denied reconsideration, clarifying that a writ petition does not automatically stay or suspend the effect of a WCAB decision. The Board further noted that execution of an award requires a certified copy, which is not issued during pending judicial review, but warned Zurich of potential penalties for non-payment.

Workers' Compensation Appeals BoardPetition for ReconsiderationAttorney FeesPermanently Totally DisabledWrit of ReviewLabor Code § 5956Certified CopyCivil JudgmentLabor Code § 5814Penalty
References
1
Case No. 02 Civ. 8362
Regular Panel Decision
Aug 13, 2003

Paramore v. Filion

Petitioner Robert Paramore, convicted of child sexual misconduct, sought a writ of habeas corpus challenging the sufficiency of evidence regarding the duration of the abuse as required by New York Penal Law § 130.75. He argued that the child victim's testimony was too vague to prove the sexual conduct occurred for at least three months. The District Court, agreeing with the Appellate Division, found the evidence sufficient, emphasizing that reasonable inferences could be drawn from child testimony despite inconsistencies, especially considering the developmental challenges children face in recalling traumatic events chronologically. Consequently, the Court denied Paramore's habeas corpus petition. A subsequent motion for reconsideration was granted only to retract a statement about the bad faith nature of a potential appeal, without altering the denial of the petition.

Habeas CorpusSufficiency of EvidenceChild Sexual AbuseChild WitnessDue ProcessAppellate ReviewPenal LawFederal Habeas ReliefCredibility AssessmentChild Development
References
31
Case No. ADJ2465961 (VNO 0505993) ADJ1445462 (VNO 0538387)
Regular
May 06, 2013

RUANO-SANDOVAL, vs. GLACIER WATER SERVICES, INC.; CRUM AND FORSTER,

This case involves a second Petition for Reconsideration filed by the applicant's attorney challenging the Appeals Board's prior denial of reconsideration. The Board dismissed the petition because California law prohibits successive reconsideration petitions; the applicant should have sought a writ of review. Additionally, the current petition failed to actually request reconsideration, instead merely explaining service errors. Therefore, the Appeals Board dismissed the petition.

Petition for ReconsiderationDismissalConsecutive PetitionSuccessive PetitionWrit of ReviewAppeals BoardWorkers' Compensation JudgeEn Banc DecisionCEBAdjudication
References
1
Case No. ADJ3458168 (OAK 0347004)
Regular
Dec 09, 2011

JOSEPH BULGO vs. ALCATEL-LUCENT, LIBERTY MUTUAL INSURANCE COMPANY

This case involves a dispute over permanent disability benefits for an applicant who sustained industrial injuries to his bilateral upper extremities and cervical spine. The original award found 73% permanent disability, but both applicant and defendant sought reconsideration. The applicant argued the indemnity and life pension rates were incorrectly calculated and the award failed to address Labor Code section 4658(d) adjustments. The defendant contended the 73% rating was too high by including upper extremity strength loss. The Appeals Board granted reconsideration for the applicant, rescinded the original award, and deferred the issues of permanent disability rate, life pension, section 4658(d) adjustment, and attorney fees for further proceedings at the trial level, while denying the defendant's reconsideration request.

ALCATEL-LUCENTLIBERTY MUTUAL INSURANCE COMPANYWORKERS' COMPENSATION APPEALS BOARDFINDINGS AND AWARDRECONSIDERATIONPERMANENT DISABILITYBILATERAL UPPER EXTREMITIESCERVICAL SPINELABOR CODE SECTION 4658(d)LIFE PENSION
References
2
Case No. OAK 0291213
Regular
Oct 03, 2007

Deborah Thompson vs. EAST BAY MUNICIPAL UTILITY DISTRICT, OCTAGON RISK SERVICES

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The Board dismissed a lien claimant's petition as unverified, but granted reconsideration for another lien claimant, Webster Surgery Center. Consequently, Webster's lien claim will be deferred for further proceedings at the trial level, while the original order regarding Bay Surgery Center was effectively upheld by dismissal.

Workers' Compensation Appeals BoardReconsideration DeniedReconsideration DismissedReconsideration GrantedLien ClaimUnverified PetitionLabor Code Section 5902Deferred LienFindings of FactDecision After Reconsideration
References
2
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