ADJ2967056

James Whitcomb (deceased) vs. State Of California Department Of Corrections State Compensation Insurance Fund Adjusting Agent

In this case, the State of California, Department of Corrections and Rehabilitation, legally uninsured, sought reconsideration of a workers’ compensation administrative law judge’s (WCJ) Findings and Award, issued February 14, 2014, which found that James Whitcomb, Jr., the surviving minor dependent of decedent James Whitcomb, was entitled to receive a death benefit pursuant to Labor Code section 4704, increased by 25% pursuant to Labor Code section 5814, for defendant’s unreasonable delay in providing benefits. The WCJ’s Findings and Award was amended to reflect the maximum $10,000 limit on the penalty imposed pursuant to Labor Code section 5814, but otherwise affirmed. The award was made in favor of Tracy Smith,

JAMES WHITCOMB (DECEASED) vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS; STATE COMPENSATION INSURANCE FUND, Adjusting Agent.

STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS; STATE COMPENSATION INSURANCE FUND, adjusting agent. JAMES WHITCOMB (DECEASED) WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJAMES WHITCOMB (DECEASED), Applicant,vs.STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS; STATECOMPENSATION INSURANCE FUND, adjusting agent., Defendant.Case No. ADJ2967056 (LBO 0395577)OPINION AND DECISION AFTER RECONSIDERATION            On July 19, 2012, we granted reconsideration in this matter and issued a …

JAMES WHITCOMB (DECEASED) vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS; STATE COMPENSATION INSURANCE FUND, Adjusting Agent. Read More »

James Whitcomb (deceased) vs. State Of California, Department Of Corrections; State Compensation Insurance Fund

In this case, the dependents of James Whitcomb, deceased, and the State of California, Department of Corrections and Rehabilitation, legally uninsured, sought reconsideration of a workers’ compensation administrative law judge’s (WCJ) Findings and Award. The WCJ found that James Whitcomb, while employed as a Correctional Officer by the Department of Corrections and Rehabilitation, sustained an industrial injury to his lungs on February 28, 2008, proximately leading to his death on March 5, 2008. The WCJ awarded temporary disability and a death benefit of $290,000.00. less 15% as an attorneys’ fee. The WCJ also found insufficient evidence to support the imposition of a penalty for a delay in making timely payments