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ADJ9095459 →Dec 11, 2023 · Santa AnaPanel decision
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Published panel decisions, almost all since 2021: the litigated tail of a system that mostly settles. Issues and outcomes were extracted by AI and released only where the source passage checked. A row is a decision, never a claimant. Not legal advice.
The WCAB granted defendant's petition for reconsideration to clarify the Findings of Fact, rescinded the original Findings, and substituted new Findings of Fact. The claim was found compensable with injury to multiple body parts and the date of injury set at October 26, 2021. The claim was not barred by the statute of limitations or as a post-termination claim.
Award granted to applicant against Old Republic General Insurance Corporation for cumulative trauma injury to right shoulder with further medical treatment.
The WCAB panel granted the petition for reconsideration, amended the Findings and Award to defer issues of industrial causation for diabetes, hypertension, dental, and urological conditions, and awarded temporary total disability benefits, future medical care, and attorney fees to the applicant.
The Board vacated its December 1, 2022 Order granting reconsideration, dismissed the Petition for Reconsideration as premature, and returned the matter to the WCJ for further proceedings consistent with the opinion.
Petition for reconsideration granted; amended Findings of Fact 10 and Order to require defendants to pay increased amounts with interest for treatment and medical-legal expenses; no sanctions or costs; no reimbursement of lien filing fee
Findings and Award issued by the WCJ on July 1, 2022 is affirmed except the award is amended to correct the insurer's name to National Liability and Fire Insurance Company and remove Gallagher Bassett.
WCAB affirmed WCJ's decision of 100% permanent and total disability, deferred issue of indemnity rate for permanent partial disability, and ordered further medical treatment
The Workers' Compensation Appeals Board affirmed the WCJ's finding that the applicant's claim is barred pursuant to Labor Code section 3600.5(d)(1)(B).
The WCAB rescinded the Findings of Fact, substituted findings that applicant established a prima facie section 132a claim based on termination shortly after injury claims, false denial of claims, and deferred issues of business necessity and pretext, returning the matter to trial level for further proceedings.
Petition for Reconsideration granted; prior Findings and Order of September 30, 2020, rescinded; new Findings and Order substituted finding injury AOE/COE to left forearm and left thumb; issues regarding neck, left shoulder, and back deferred; matter returned to Arbitrator for further proceedings.
The Appeals Board granted defendant's Petition for Reconsideration, rescinded the October 5, 2021 Joint Findings, Award and Order, and substituted new findings and award reflecting the November 23, 2020 Findings of Fact except as to the issue of temporary disability credit, where the WCJ's October 5, 2021 findings were substituted. Defendant was not entitled to credit for temporary disability sums paid from February 20, 2014 to July 23, 2014. Permanent disability was found to be 25%, with indemnity and medical treatment awards granted.