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ADJ9384866 →Jul 22, 2022 · San BernardinoPanel 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The WCAB granted the Petition for Reconsideration, rescinded the April 25, 2022 Findings, Award & Order, amended the permanent and stationary date to November 3, 2016, found injury to the psyche, ordered further development of the record for internal medicine and urology issues, and deferred permanent disability, apportionment, and attorney fees pending further development.
Reconsideration granted; WCJ decision of April 22, 2022 affirmed except amended to reflect 30% nonindustrial apportionment to left knee, 67% permanent disability award, and attorney fees of 15%.
Findings and Award of September 30, 2019 affirmed except rescinded and deferred pending further proceedings and new award by WCJ; matter returned to trial level for further proceedings.
The WCAB affirmed the Findings of Fact and Award, denying defendant's petition for reconsideration and rejecting apportionment of permanent disability to the 2016 non-industrial motor vehicle accident or prior industrial injury.
The WCAB denied the defendant's Petition for Reconsideration, affirming the award of 100% permanent total disability without apportionment to non-industrial factors.
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
The June 1, 2020 Joint Findings, Award and Order is rescinded and the matter is returned to the trial level for further proceedings and a new decision.
The Board affirmed the WCJ's Findings, Award, and Order issued August 12, 2019, with amendments to exclude neurological system injury and admit additional exhibits; the Petition for Reconsideration was denied.
Findings of Fact and Award of September 9, 2019 affirmed except findings 10, 11, and 12 rescinded and substituted; case returned to trial level for further proceedings and new findings on permanent disability, apportionment, credit, and attorney's fees.
Petition for Reconsideration granted in part and Findings and Award amended to deny credit for overpayment of temporary disability from 12/8/2020 to 2/15/2021 and to allow credit from 2/16/2021 to 3/1/2021; otherwise Findings and Award affirmed
The Board rescinded the WCJ's Joint Findings of Fact & Order and substituted new Findings of Fact & Order for clarity, making no substantive changes; the Board denied defendant's petition for reconsideration and upheld the finding that applicant sustained injury AOE/COE in the form of fibromyalgia.
Defendant's Petition for Reconsideration denied; Applicant's Petition for Reconsideration granted; August 31, 2021 Findings of Fact and Award affirmed except amended as recommended.
Applicant's Petition for Reconsideration denied; Defendant's Petition for Reconsideration granted; August 9, 2021 Joint Findings and Award rescinded; matter returned to WCJ for further proceedings and decision.
Petition for Reconsideration granted in part to amend Findings and Award; otherwise denied; May 28, 2021 Findings and Award affirmed as amended; jurisdiction reserved on future medical treatment and attorney fees
Findings of Fact, Award and Order of November 12, 2020 rescinded; Compromise and Release filed August 6, 2021 approved; award made in favor of applicant as specified in the settlement.
Decision after reconsideration affirms the WCJ's findings except amends the apportionment of psychiatric disability, increasing permanent disability rating to 71%.
WCAB affirmed the WCJ's Findings, Award and Order, awarding applicant 66% permanent disability after apportionment per Labor Code section 4664(c)(1)(G).
Applicant's Petition for Reconsideration dismissed; Defendant's and lien claimant's Petitions for Reconsideration granted; November 23, 2020 Findings and Award rescinded and substituted with new Findings of Fact; matter remanded to WCJ for attorney fees determination.
The Board granted reconsideration, rescinded the January 25, 2021 Findings and Award, and returned the matter to the trial level for further development of the medical record on permanent disability and apportionment.
The WCAB affirmed the Joint (Amended) Findings and Orders and the Amended Findings and Orders, except it amended them to find that defendant overpaid permanent disability benefits in ADJ580886, that the overpayment amount shall serve as a credit against benefits payable in ADJ2267886, ADJ8376625, and ADJ10228371, corrected the date of injury in ADJ580886 to August 9, 2001, and deferred the issue of the credit amount to be adjusted by the parties with jurisdiction reserved for disputes.
Petition for Reconsideration granted; Findings and Award amended to find no substantial evidence for apportionment, defendant did not meet burden of proof on apportionment, and injury caused 20% permanent partial disability; Award amended accordingly.