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ADJ15549193 →Sep 30, 2024 · Santa BarbaraOrder denying reconsideration
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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 Appeals Board denied defendant's Petition for Reconsideration, affirming the WCJ's Findings and Award of a 27% unapportioned permanent disability rating under DRE Category III with a 2% pain add-on, totaling 27%.
Petition for Reconsideration granted limited to correcting the start date for the SAWW adjustment; otherwise, the Findings and Award of April 15, 2024, affirmed as amended.
The WCAB granted the petition for reconsideration, rescinded the Findings and Award issued on March 27, 2024, and substituted findings including an 86% permanent disability rating, entitlement to temporary disability benefits for specified periods, and a cumulative injury period from December 1, 2008 through November 10, 2021.
Order Amending Findings of Fact, Awards and Orders issued May 5, 2020 rescinded; matter returned to trial level for further proceedings consistent with WCAB en banc opinion.
Petition for Reconsideration granted, Findings and Award rescinded, new Findings of Fact substituted, and matter returned to WCJ for further proceedings consistent with the opinion.
The Petition for Reconsideration is granted. The March 11, 2024 Findings, Orders and Award is affirmed except amended to defer the issues of permanent and stationary date, apportionment, permanent disability, and attorney's fees. The matter is returned for further development of the record.
The Appeals Board rescinded the August 9, 2023 Findings of Fact and Award and returned the matter to the WCJ for further proceedings consistent with the opinion and to issue a new decision.
The Petition for Reconsideration was granted, the January 29, 2024 Findings and Award were rescinded, and the matter was returned to the WCJ for further proceedings.
Joint Findings, Award and Order of February 26, 2021 affirmed except Findings 7 and 10 and paragraphs (c) and (e) of the Award in ADJ7593685 rescinded and substituted; permanent disability and apportionment deferred for further proceedings and new determination by WCJ; case returned to trial level.
The Board denied Defendant's Petition for Reconsideration and affirmed the finding that Applicant sustained an industrial injury causing permanent total (100%) disability.
Affirmed in part, amended in part, remanded for further proceedings on permanent disability, apportionment, and attorney’s fees in ADJ9828972; clerical corrections made in ADJ8555784p. 8
Petition for Reconsideration granted; WCJ's Findings and Order of June 2, 2023 rescinded; matter returned to trial level for further proceedings and decision.
Findings of Fact and Award affirmed except amended to defer the issues of apportionment of applicant's right knee disability, permanent disability caused by applicant's injury, and attorney fees; matter returned to WCJ for further proceedings.
The Board affirmed the Joint Findings and Award of permanent and total disability without apportionment, but amended the award to defer the permanent disability commencement date and associated benefits.
Petition for Removal dismissed as moot; Petition for Reconsideration denied; WCJ's determination of permanent total disability without apportionment affirmed.
Petitions for Reconsideration granted; temporary disability period amended to end June 26, 2021; average weekly wage and temporary disability indemnity rate recalculated; issues of permanent disability, apportionment, and cumulative injury deferred with jurisdiction reserved.
WCAB rescinded the WCJ decision in ADJ10641716 and issued a new decision finding industrial injury to cardiovascular system and skin with temporary and permanent disability; WCAB amended the WCJ decision in ADJ10749935 to affirm industrial injury but deny temporary disability and increase permanent disability award
Findings regarding temporary disability and maximum medical improvement rescinded and deferred; award of future medical treatment affirmed; matter returned to trial level for further development of the record.
Findings, Award and Order affirmed as amended: permanent disability increased to 64% without apportionment; value of award deferred pending section 4658(d) determination; no additional TTD or Kite addition method applied.
Petition for reconsideration granted; WCJ's Findings and Award affirmed except amended to add Award and correct PD indemnity calculation; 50% PD without apportionmentp. 5
Reconsideration granted; June 6, 2022 Findings of Fact and Award rescinded and substituted with new Findings and Award striking Findings of Fact No. 1; otherwise WCJ decision adopted and incorporatedp. 1
Findings, Award, and Order affirmed except amended to find QME Dr. Wieseltier's reports not substantial evidence on apportionment; permanent disability issue deferred; applicant entitled to future medical care; issue of treatment outside MPN deferred; matter returned to WCJ for further proceedings