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Displayed Cases: 05

KENNETH ROSENBERG vs. STATE OF CALIFORNIA, CALIFORNIA HIGHWAY PATROL DISABILITY AND RETIREMENT, Legally Uninsured, STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, Adjusting Agency

Regular

No. ADJ1237800 (AHM0151777) | 22 Jan, 2016

The Workers' Compensation Appeals Board granted reconsideration to clarify clerical errors in a previous award. The Board amended the award to reflect that the defendant, California Highway Patrol, is "legally uninsured" and affirmed the application of the "duty belt" presumption (Labor Code section 3213.2). The Board also affirmed the finding of 43% permanent disability, temporary disability, and the denial of apportionment, finding that the defendant waived any due process claims regarding temporary disability by not objecting at trial.

SUSANA LOPEZ vs. STATE OF CALIFORNIA, DEPARTMENT OF INDUSTRIAL RELATIONS, OFFICE OF THE DIRECTOR, RTWS, Legally Uninsured, Adjusted By STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES

Regular

Van Nuys | No. ADJ7995938 | 04 Sep, 2015

The Workers' Compensation Appeals Board granted reconsideration to clarify attorney's fees related to temporary disability. The Board deferred the issue of additional temporary disability to ensure compliance with the 104-week limit and overlapping payments. Attorney fees of 12% will be calculated on any newly awarded temporary disability and paid from the permanent disability award if no temporary disability funds remain. The Board otherwise affirmed the previous award, including the 15% increase in permanent disability under Labor Code section 4658(d) based on applicant's unrebutted testimony about lack of modified work.

AFRA CORNEJO vs. COUNTY OF LOS ANGELES

Regular

No. MON 0322465 | 03 Jan, 2008

This case involved separate appeals from the applicant and defendant regarding an administrative law judge's findings on permanent disability apportionment and temporary disability overpayment. The applicant argued against apportionment of permanent disability, while the defendant sought credit for alleged overpayment of temporary disability. The Workers' Compensation Appeals Board denied both petitions, affirming the administrative law judge's decision. The Board clarified that Labor Code section 4656(b) limits temporary partial disability, not temporary total disability, thus the defendant was not entitled to a credit for overpayment.

Salem Najjar vs. MEEKS BUILDING CENTER, ZURICH AMERICAN INSURANCE COMPANY

Regular

No. ADJ4254212 (SAC 0369491) AD13966016 (SAC 0369493) | 19 Jul, 2010

The Appeals Board granted reconsideration, finding that a payment for attending a medical-legal examination under Labor Code section 4600(e)(1) does not trigger the 104-week limit on temporary disability indemnity under Labor Code section 4656(c)(1). The Board clarified that such payments are for wage loss reimbursement, not a commencement of actual temporary disability, distinguishing it from prior cases where other benefit types functionally served as temporary disability. The case was remanded to determine the actual date temporary disability payments began to establish the correct duration of benefits. Applicant's claim for temporary disability from March 17, 2009, and continuing will be re-evaluated.

WILLIAM AREY vs. MAGIC MOUNTAIN, LLC; HARTFORD ACCIDENT AND INDEMNITY COMPANY

Regular

Van Nuys District Office | No. ADJ10266237; ADJ10401171 | 15 Aug, 2025

The Workers' Compensation Appeals Board denied defendant Hartford Accident & Indemnity Company's petition for reconsideration. The Board affirmed the decision, finding that applicant William Arey sustained industrial injuries to his brain, head, and neck. The Board further concluded that the Agreed Medical Evaluator (AME) Dr. Roger Bertoldi's report was substantial medical evidence and that ex parte contact by the defendant did not warrant striking the report.

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Summarize the apportionment findings in Dr. Jones' report.

Dr. Jones apportions 60% of the lumbar disability to the specific injury of 5/12/2023.

The remaining 40% is apportioned to degenerative disc disease, citing the MRI from 2019 showing moderate stenosis prior to the industrial exposure.

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💼 Disability Claims: Navigating Your Rights

What are the main issues and arguments the applicant relied on?

The applicant's primary issues were entitlement to additional temporary disability, the permanent & stationary date and amount of permanent disability, and attorney's fees; she specifically sought a 12% attorney's fee on accrued temporary disability and a 15% increase in permanent disability under Labor Code §4658(d)(2).

Her chief arguments were that she was never offered modified or alternative work (unrebutted testimony), she did not voluntarily retire but left work because of her back injury and subsequently received a disability retirement (supporting the §4658(d)(2) augmentation), and that counsel properly sought fees on the accrued temporary benefits (with counsel having notified the applicant under Cal. Code Regs., tit. 8, §10778).

KENNETH ROSENBERG vs. STATE...

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